cc 2024 AR 06/11 as-needed property inspections stormwater fog - award of contract

ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C4
Prepared by:

Juan Magdaraog, Stormwater Program
Manager
Erin Adams, Administrative Programs Manager Meeting Date: June 11, 2024 Approved by:

Greg Mayer, Director of Engineering
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: AS-NEEDED PROPERTY INSPECTIONS – STORMWATER AND FATS, OIL AND GREASE – AWARD OF CONTRACT
RECOMMENDATION: Adopt City Council Resolution No. 2024- , approving a contract with Mikhail Ogawa Engineering, Inc. for as-needed property inspections: stormwater and fats, oil and grease.

CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.

PRIOR ACTION: None.

STATEMENT ON THE SUBJECT: The City of Vista (City) is identified as a copermittee within the San Diego region municipal stormwater permit, Order No. R9-2013-0001, as amended by Order No. R9 2015- 0001, issued by the San Diego Region Water Quality Control Board (Regional Board) on February 11, 2015. Regulations require the City to conduct a variety of inspections at both private and City-owned properties to evaluate compliance with pollution prevention requirements and to maintain compliance with the municipal stormwater permit.

The City conveys sewage for treatment at the Encina Wastewater Authority’s Water Pollution Control Facility. The State Water Resources Control Board (SWRCB) adopted Order Number 2006-0003-DWQ (Order) that established Waste Discharge Requirements (WDR) for publicly owned and operated sanitary sewer collection systems that have one or more miles of collection pipelines. The WDR requires that each agency under the Order create and implement a Sewer System Management Plan (SSMP) to facilitate the proper funding, management, operation, and maintenance of their sanitary sewer collection system. As part of the City’s Sewer System Management Plan, food service establishments are inspected to ensure compliance with Fats, Oil and Grease (FOG) requirements to prevent sanitary system overflows.

On April 8, 2024, staff issued a request for proposals (RFP) for as-needed stormwater and FOG inspections. The RFP was advertised on the City of Vista’s website and the City’s electronic procurement portal, OpenGov.com. The following three firms responded to the RFP:

Firm Office Location
D-Max Engineering, Inc.San Diego, CA
Michael Baker International Carlsbad, CA
Mikahil Ogawa Engineering, Inc.Solana Beach, CA
AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-79.

Vote: 5-0

MEETING DATE: June 11, 2024 PAGE 2
SUBJECT: AS-NEEDED PROPERTY INSPECTIONS – STORMWATER AND FATS, OIL AND GREASE – AWARD OF CONTRACT
The proposals were evaluated by staff and ranked based upon predetermined criteria including experience and reputation, key personnel, and record of performance. Based on staff’s evaluation of the RFP responses, staff recommends the selection of Mikhail Ogawa Engineering, Inc. to provide as-needed stormwater and FOG inspection services.

FISCAL IMPACT: The contract term shall be three years, with services not to exceed $300,000 for the term of the agreement. No funding is being requested at this time. Funding was allocated in the Fiscal Year 2024/25 Operating Budgets for Stormwater Engineering, Sewer Engineering, and Buena Sanitation District to fulfill the City’s current needs. Future operating budgets will include funding necessary for implementation of the contract.

EXHIBITS:

1.City Council Resolution 2024- , approving a contract with Mikahil Ogawa Engineering, Inc. for as- needed property inspections: stormwater and fats, oil and grease

2.Contract with Mikhail Ogawa Engineering, Inc.
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00029213 7
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING A CONTRACT WITH MIKHAIL OGAWA ENGINEERING, INC. FOR AS-NEEDED PROPERTY INSPECTIONS:

STORMWATER AND FATS, OIL AND GREASE
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. Pursuant to section 3.08.060 of the Vista Municipal Code, a request for proposals (RFP) was issued on April 8, 2024 for professional services for as-needed property inspections:
stormwater and fats, oils and grease (FOG).

B. Three proposals were submitted in response to the RFP and were evaluated based upon the predetermined criteria in the RFP.

C. Staff recommends the selection of Mikhail Ogawa Engineering, Inc. to provide professional services for as-needed property inspections: stormwater and fats, oils and grease.

2. Action.

A. The contract between the City of Vista and Mikhail Ogawa Engineering, Inc. for professional services for as-needed property inspections: stormwater and fats, oils and grease is approved, and the Mayor is authorized to execute the contract

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 11, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20240530102832
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1

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MIKHAIL OGAWA ENGINEERING, INC.
4856-0555-6923, v. 2

JOB ORDER CONTRACT FOR PROFESSIONAL SERVICES
FOR AS-NEEDED PROPERTY INSPECTIONS: STORMWATER AND FATS,

OIL, AND GREASE (FOG)
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Juan Magdaraog
Billing Contact: Erin Adams
The “Contractor”
Mikhail Ogawa Engineering, Inc., a
California corporation
731 S Highway 101, Suite 16
Solana Beach, CA 92075
Contact: Mikhail Ogawa

2.0 BASIC TERMS

2.1 City is authorized under Chapter 3.08 the Vista Municipal Code to enter into a job order contract with Contractor.

2.2 The “Required License” for the services is N/A.

2.3 Contractor, a contractor holding the Required License, desires to enter into this “Contract” with the City for the Work (“Contract”).

2.4 The “Services” to be performed by Contractor are set forth in the City’s Request for Proposals (“Exhibit A”).

2.5 Contractor has submitted to City a Proposal to perform the Services dated April 22, 2024 (“Exhibit B”).

2.6 The “Contract Ceiling Price” is $300,000.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for 36 calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional 24 months, in increments of City’s choice, for a maximum Term of 60 from the Contract Date.

3.3 City may terminate this Contract upon 10-days’ written notice to Contractor.

Contractor may terminate this Contract upon 90-days’ written notice to City. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. 06/11/2024 C4 4 of 87
EXHIBIT 2

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City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 EXECUTION OF ADDITIONAL DOCUMENTS
As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:

1. Contractor’s Forms

2. Labor Law Compliance Form, Exhibit D (This Contract requires the payment of prevailing wages.)

5.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies, and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time upon the issuance of a Work Order for the fulfillment of each specific task to be performed under the Contract (“Project”), in strict accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material, and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished, and installed by the Contractor at no increase in cost to the City.

In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

6.0 COMPENSATION

6.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.

6.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

6.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

6.3.1 The changes, additions, and deductions to be made.

6.3.2 The increase or decrease in compensation due the Contractor, if any.

6.3.3 Adjustment in the time of completion, if any.

6.4 Contract Ceiling Price

6.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

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6.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

6.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

7.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications, and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E and the Standard Specifications (defined below).

8.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

9.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records, reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.

10.0 STANDARD OF PERFORMANCE

10.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

10.2 Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations 06/11/2024 C4 6 of 87

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necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

11.0 STANDARD SPECIFICATIONS AND STANDARD PLANS

11.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:

Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.

11.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:

San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.

12.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:

City: The City of Vista.

Board: The City Council of the City of Vista.

Drawings or Plans: All drawings, plans, maps, profiles, and diagrams delineating the work on the Services.

13.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

13.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

13.2 Contractor represents and warrants that all design professional services, if required under this Contract, shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.

13.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to 06/11/2024 C4 7 of 87

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City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

13.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.

13.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

13.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.

14.0 CIVIL RIGHTS

14.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

14.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

14.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

14.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

14.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

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14.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

14.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees, and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee, or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

15.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

16.0 ASSIGNMENT AND SUBCONSULTING

16.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

16.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee. 06/11/2024 C4 9 of 87

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17.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.

18.0 SAFETY
In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the Services, and the Contractor shall fully comply with all OSHA, State and Federal laws, rules, regulations, and orders relating to safety of the public and workers.

It is the Contractor's responsibility to acquaint itself with and abide by these regulations during all phases of construction. The City will not be responsible for ensuring the Contractor's compliance with these regulations. The Contractor’s duty of indemnification shall apply to any Liability caused by its failure to abide by these regulations.

The Contractor shall include any and all costs associated with compliance with these safety requirements in the appropriate bid items of Services to be performed.

19.0 FINANCIAL` RECORDS

19.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

19.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

20.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work 06/11/2024 C4 10 of 87

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pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.

21.0 CONFIDENTIALITY

21.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

21.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

21.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.

22.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

23.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract. 06/11/2024 C4 11 of 87

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24.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).

25.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

26.0 SERVICE OF NOTICE

26.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

26.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

27.0 PUBLIC WORKS CONTRACTS: ASSIGNMENT TO AWARDING BODY In accordance with Section 4551 of the Government Code, the Contractor and subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or arising from purchases of goods, services or materials pursuant to the public works contract of the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the Parties.

28.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

29.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
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30.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

31.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

32.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

[Continued on page 11.]
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33.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER

By:

APPROVED
Amanda L. Guy
20240503101957

“Contractor”

MIKHAIL OGAWA ENGINEERING, INC., a
California corporation

By:

Name/Title

By:

Name/Title

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00069720 2 Exhibit A
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EXHIBIT A

REQUEST FOR PROPOSALS

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REQUEST FOR PROPOSALS (RFP)

FOR PROFESSIONAL SERVICES

FOR

AS-NEEDED PROPERTY INSPECTIONS: STORMWATER

AND FATS, OIL, AND GREASE (FOG)

Issue Date: April 8, 2024

Submittal Deadline: 4:00 PM, April 22, 2024

Prepared by:

Allison McLaughlin, Sewer Engineering Division
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REQUEST FOR PROPOSALS

AS-NEEDED PROPERTY INSPECTIONS: STORMWATER AND

FATS, OIL, AND GREASE (FOG)

I. INTRODUCTION

The City of Vista, including the Buena Sanitation District (collectively “City”), is soliciting proposals from qualified professional consulting firms (Consultant) to conduct as- needed Stormwater and Fats, Oil, and Grease (FOG) inspection services. The stormwater inspections are for existing development and the FOG inspections are for Food Service Establishments (FSE) as part of the City’s Sewer System Management Plan (SSMP). Both inspection programs are intended to comply with applicable Regional Water Quality Control Board stormwater and sanitary sewer system permits.

This Request for Proposals (RFP) includes a description of the proposal requirements, criteria for selection, and the scope of services to be provided by the Consultant.

The City intends to award one contract to provide the requested services for a three- year term, with an optional extension for two additional years for a maximum term of five years from the date of the contract. Services under this contract are currently not anticipated to exceed $300,000 over the term of the agreement.

All Consultants must create an account on OpenGov Procurement to submit a proposal.

Consultants can register at: https://procurement.opengov.com/portal/cityofvista Once registered, Consultants must download this solicitation to appear on the Bidder’s List as a “Prospective Bidder.” Consultants that fail to specifically download this solicitation will not appear on the Bidders’ List and will be unable to participate or be considered for this RFP.

II. BACKGROUND AND PROJECT DESCRIPTION

Stormwater Inspections
The City is identified as a copermittee within the San Diego region municipal stormwater permit, Order No. R9-2013-0001, as amended (MS4 Permit), issued by the San Diego Region Water Quality Control Board. The MS4 Permit identifies waste discharge requirements for owners and operators of a Municipal Separate Storm Sewer System (MS4) within San Diego County. The City owns and operates a MS4 and is subject to these requirements.

Provision E.3 of the MS4 Permit, titled “Development Planning,” requires the City to implement a program to control and reduce the discharge of pollutants in stormwater discharges from development projects. Specifically, Provision E.3.e requires the City to 06/11/2024 C4 17 of 87

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confirm proper design, construction and maintenance of structural BMPs (e.g., bioretention basins, hydrodynamic separators, vegetated swales) on Priority Development Project sites. The City intends to obtain a Consultant to assist with fulfilling these requirements through support of structural BMP inventory management and conducting routine inspections of City and privately owned structural BMPs.

Provision E.5 of the MS4 Permit, titled “Existing Development Management,” requires the City to implement a program to control and reduce the discharge of pollutants in stormwater discharges from existing development facilities. The existing development management program is required to include, but is not limited to the following, components:
• Inventory and tracking of existing development facilities, including Commercial, Industrial, Municipal, and Residential properties (Provision E.5.a) • Establish minimum BMPs to be implemented and maintained (Provision E.5.b) • Conduct inspections of existing development facilities (Provision E.5.c) The City intends to obtain a Consultant to assist with fulfilling these requirements through assistance with management of the facility inventory and conducting routine inspections of existing development facilities for compliance with minimum BMPs.

Fats, Oil, and Grease Inspections
The City of Vista and Buena Sanitation District each convey sewage for treatment at the Encina Wastewater Authority’s (EWA) Water Pollution Control Facility (WPCF). The City’s SSMP has developed a FOG Program and needs to conduct inspection of FSEs to ensure compliance with City requirements. The City intends to obtain a Consultant to assist with fulfilling these inspection requirements. The City has FOG binders with informational flyers and BMP manuals available for distribution to FSE’s during inspections by the selected Consultant. Enforcement actions are not the responsibility of the Consultant, and will only be conducted by City staff.

Additional Resources
This solicitation of proposals will be used to select the Consultant most qualified to support and conduct as-needed stormwater and FOG inspection services on behalf of the City. Proposers should be familiar with the City’s stormwater and FOG inspection requirements identified in the following documents:
• National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region (California Regional Water Quality Control Board San Diego Region, Order No.

R9-2013-0001, as amended).
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• National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Industrial Activities (California State Water Resources Control Board, Order No. 2014-0057 DWQ) • City of Vista Jurisdictional Runoff Management Program, 2023 update. • City of Vista BMP Design Manual for Permanent Site Design, Stormwater Treatment and Hydromodification Management, Updated September 2021. • City of Vista & Buena Sanitation District – Sewer System Management Plan, Updated May 2019.

This will be an as-needed job order contract for professional services. A separate scope of work and purchase order will be prepared for each request for work performed through the contract. The Consultant shall be capable of conducting any of the City’s stormwater and FOG inspections identified in the aforementioned documents. The City does not anticipate the Consultant will be executing all these services, but rather be able to respond to specific requirements as requested by the City.

The MS4 Permit is anticipated to be reissued in the 2025 calendar year.. The City intends to utilize this contract to support existing and future permit inspection requirements on an as-needed basis through a three year contract, with options to extend an additional two years.

III. PROPOSED SCOPE OF SERVICES

The City is soliciting proposals from a Consultant, or team of consultants, to conduct as- needed stormwater and FOG inspection services to improve the quality of stormwater discharges, including the elimination of non-stormwater discharges and the potential for FOG-based sanitary sewer overflow events. Services requested of the Consultant will be guided by the aforementioned documents identified in the Background and Project Description (Section II). Examples of activities likely to be conducted by the Consultant are described in the following subsections.

For all inspections discussed in this RFP, the City utilizes Cityworks software as its GIS- based interface to manage inventories, conduct inspections, record violations, and track enforcement actions for annual reporting. It is expected that the selected Consultant will use Cityworks for these inspection services through use of in-field tablets or laptops, and/or desktop computer. Examples of Cityworks forms used to complete activities described in this RFP are provided in Attachment A.

Selected Consultant shall be responsible for securing their own transportation to access inspection sites and their own tablets to access Cityworks. Consultant shall be responsible for providing internet data service for their tablet. The City will NOT be providing support for any mobile device used by the Consultant. 06/11/2024 C4 19 of 87

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Additionally, the selected Consultant shall be available to provide Project Management and Coordination support for both Stormwater and FOG programs. This task will include but not limited to the following:
• Project Management and administration
• Attend project kickoff meeting and progress meetings
• Monitor task budgets and project schedule
• Perform QA/QC activities
• Prepare monthly progress and budget report, and invoices • Review Cityworks inspection form and provide any minor recommendations • Provide weekly and monthly status reports

Stormwater Inspections
Structural BMP Inspection Program
The City implements a structural BMP inspection program to mitigate the negative impacts of urban runoff from development projects by ensuring that stormwater treatment and flow control BMPs remain functional, in perpetuity. The current inventory of structural BMPs includes approximately 200 sites with over 1,000 individual BMPs, both City and privately owned. The inventory is updated regularly as structural BMPs are installed with new construction.

As-needed support for the structural BMP inspection program may include, but is not limited to, the following tasks:
• Review and evaluate completeness of structural BMP inventory • Assess BMP site threat to water quality and prioritize for inspection • Conduct structural BMP inspections, assessing functionality and identifying corrective actions (if necessary)
• Conduct follow-up structural BMP inspections to ensure corrective actions are implemented
• Input inspection data, including photographs, field notes, and corrective actions into existing Cityworks electronic forms
• Prepare technical memorandums, procedures, inspection summary reports, and support materials (e.g., fact sheets) for structural BMP inspections • Evaluate structural BMP field conditions with grading plans, maintenance agreements, technical reports, or other legal documents and provide corrections when necessary
Existing Development Inspections – Industrial and Commercial Facilities The inspection program integrates property-based and individual facility inspections to comply with the San Diego Regional Water Quality Control Board Municipal Separate 06/11/2024 C4 20 of 87

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Storm Sewer System Permit (MS4 Permit). The City’s existing development facility inventory includes approximately 1,100 properties including approximately 3,100 industrial and commercial businesses. These properties and businesses are required to implement BMPs to prevent the discharge of pollutants to the storm drain system, consistent with the City’s Stormwater Standards Manual (see Jurisdictional Runoff Management Program document, Appendix C). Inspections are conducted to confirm facilities remain in compliance with these requirements, as well as applicability of other environmental regulations (e.g., Industrial General Permit or hazardous waste management).

The City uses business license data, GIS, and Cityworks software to regularly maintain and update the facility inventory. Properties are prioritized annually for inspection.

Approximately 20 percent of the inventory is inspected annually so that all properties in the inventory are inspected at least once during the 5-year MS4 Permit cycle.

As-needed support for industrial and commercial facility inspections may include, but is not limited to, the following tasks:
• Review of property-based inventory,
• Assess facility and/or parcel threat to water quality and prioritize for inspection • Develop inspection schedule consistent with MS4 Permit inspection requirements • Conduct property-based inspections, assessing compliance with BMPs • Conduct follow-up property and business inspections to ensure corrective actions are implemented
• Identify facility applicability of other environmental regulations, such as the Industrial General Permit
• Identification and immediate notification of illicit connections or discharges • Input all inspection data, including photographs, field notes, and corrective actions into Cityworks software
• Prepare technical memorandums, procedures, inspection summary reports, and outreach materials (e.g., fact sheets) for facility/parcel inspections

Existing Development Inspections – Residential Properties The City maintains an inventory of 20 Residential Management Area (RMAs) within its jurisdictional boundary. The RMAs are delineated by drainage basins and/or common development patterns. Residential properties are required to implement BMPs to prevent the discharge of pollutants to the storm drain system, consistent with the City’s Stormwater Standards Manual (see Jurisdictional Runoff Management Program document, Appendix C). RMA inspections are conducted to confirm properties remain in compliance with these requirements.
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Approximately 20 percent of the RMA inventory is inspected annually so that all RMAs in the inventory are inspected at least once during the 5-year MS4 Permit cycle.

Inspections are conducted by driving ‘patrols’ of streets within the RMA. Additional patrols may also be conducted in focus areas that contain multiple RMAs.

As-needed support for RMA inspections may include, but is not limited to, the following tasks:
• Assess RMA potential pollutants, threat to water quality, and prioritize for inspection
• Develop inspection schedule consistent with MS4 Permit inspection requirements • Conduct driving ‘patrols’ of RMAs, assessing compliance with BMPs • Conduct follow-up stormwater compliance inspections
• Identification and immediate notification of illicit connections or discharges • Input all inspection data, including photographs, field notes, and corrective actions into Cityworks software
• Prepare technical memorandums, procedures, inspection summary reports, and support materials (e.g., fact sheets) for RMA inspections

Attachment A presents screen shots of the Cityworks Industrial/Commercial Inspection Interface as a reference.

FOG Inspections
In addition to Project Management and Coordination support presented earlier in this section, the Consultant shall be available to provide the following services for FOG inspections at FSEs:

• The City anticipates approximately 50 inspections during each fiscal year. • Review City prepared FOG BMP Manual and Poster. Provide comments on FOG BMP Manual.
• Visit and examine each FSE’s grease control device maintenance, best management practices, and record keeping.
• Consultant shall not visit FSEs during the period of 11 am to 1 pm. • Document contact person, phone number, and email address. • Document if grease control device (GCD) is shared and who is the responsible party.
• Document grease levels in GCD if one is present.
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• Document how waste cooking grease is stored.
• Document how used grease is disposed of including name of grease hauler. • Document how food waste is disposed of.
• Document current kitchen BMP practices.
• Document Employee FOG Training.
• Provide FSE with copy of City prepared FOG BMP Manual and Poster and FOG binder.
• Recommend if FSE requires a follow-up inspection from City staff. • Conduct the initial follow-up inspection and notify the City staff if the FSE is out of compliance.

Attachment A presents screen shots of the Cityworks FOG Inspection Interface as reference.

IV. CITY RESPONSIBILITIES

The City will be responsible for the following:

1. Furnish access to Cityworks GIS-based software (providing access only, not hardware or data communication capabilities).

2. Furnish all relevant and available development plans, previous inspection reports, and data.

3. Provide staff support and time as reasonably necessary.

4. List of FSEs to be inspected and contact information if available.

5. Provide educational materials to distribute during inspections.

6. Prepare letter of authorization on City letterhead to conduct inspections.

7. Distribute notification mailing to FSEs to be inspected.

8. Conduct all enforcement actions.

V. COORDINATION

Coordination with the City (including various City departments), Consultants, and other agencies may be necessary. Agency coordination may include, but is not limited to Encina Wastewater Authority, Vista Irrigation District (VID), City of Carlsbad, San Diego County Water Authority (SDCWA), and other agencies as appropriate.

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The City will decide the manner in which the project coordination is undertaken. At the City’s option, coordination efforts may be performed by the Consultant’s direct contact, by the Consultant acting through the City, or by the City only. When coordination efforts require agreement, such agreement shall be coordinated through the City.

VI. PROJECT ESTABLISHMENT AND PROGRESS

The as-needed contract shall begin upon approval by the City and the Consultant, and specific services shall be authorized in purchase orders issued through the contract.

Unless extended by contract amendment, the contract term shall be three (3) years, with services currently anticipated to not exceed $300,000 for the term of the agreement.

The Consultant is advised that any recommendation for contract award is not binding on the City until the agreement is fully executed and approved by the City.

VII. PROPOSAL

A, Schedule. The City’s schedule for the selection process is as follows:

1. City Releases RFP April 8, 2024

2. Deadline for questions April 15, 2024, 4:00 PM

3. City posts RFP Addendum (if applicable) N/A

4. Proposals due to the City of Vista April 22, 2024, 4:00 PM

5. Consultant Interviews (if necessary) April 30, 2024

6. Notice of Consultant Selection May 1, 2024

7. Complete Negotiation of Contract May 8, 2024

All dates are subject to change. The City reserves the right to extend the date by which proposals are due via addendum.

All questions must be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement. Phone call or email questions will not be accepted. Answers to all submitted questions will be provided in an addendum through OpenGov Procurement.

To receive addenda and submit a proposal, Consultants shall register on the City’s Electronic Bidding System at https://secure.procurenow.com/portal/cityofvista . Once registered, Consultants must download the RFP while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a 06/11/2024 C4 24 of 87

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“Prospective Bidder.” Consultants that fail to download the RFP will not appear on the Electronic Prospective Bidders List and their proposals will be considered non- responsive. If a Consultant is unable to register or download the RFP from OpenGov Procurement, a Consultant representative may contact OpenGov Procurement to troubleshoot the problem. All proposal documents and supplementary documents must be uploaded to OpenGov Procurement prior to Proposal Due Date and time as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from OpenGov Procurement. OpenGov Procurement will determine the official time for the advertised proposal due date and such determination will be final. Any proposals not received in a timely manner on the Proposal Due Date, as described above, will not be considered.

B. Requirements.

In order to maintain uniformity with all proposals furnished by the Consultants, the City requests that the proposals be limited to a maximum of ten pages (excluding cover letter, front and back covers, section dividers and resumes).

Proposals shall include the following elements:

1. COVER LETTER – A cover letter shall summarize key elements and guarantee that key personnel will be committed to perform the required tasks for the duration of the contract. The cover letter shall be limited to two (2) pages and include a contact name, email, phone number and full address for the Consultant. The cover letter shall include a statement that the Consultant can meet the City’s insurance requirements and is prepared to execute the Job Order Contract for Professional Services as written, and will not make any changes to the project team without the City’s authorization. In cases where a team member voluntarily leaves a firm, the Consultant shall provide the City with a proposal for a substitute team member, subject to the approval of the City.

2. COMPANY INFORMATION
a. Identification of Responder;
b. Legal name and address of the company (partnership, corporation, joint venture, etc.);
c. Identification of the parent company (if applicable); d. Addresses of offices located in San Diego County;
e. Number of employees in San Diego County;
f. Name, title, address and telephone number of person to contact concerning the proposal;
g. California Department of Industrial Relations (DIR) Number; h. Secretary of State Entity Number.

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understanding of the project, and any suggestions or special concerns that the City and the Consultant should address for a successful delivery of anticipated scope of work. Provide a narrative rendition of the technical and management approach proposed for this project, addressing all elements in the Proposed Scope of Services (Section III).

4. PROJECT TEAM AND ORGANIZATION CHART
a. Describe project organization, including identification and responsibilities of key personnel, including the Project Manager. The Project Manager will serve as the Consultant’s primary contact.
b. Indicate roles of prime and all sub-consultants.
c. Provide a discussion of the experience of key staff members that would be involved with this project.
d. Provide resumes of the Project Manager and other key staff members who will work on this project. The resume shall include relevant experience, education, licenses, and certifications. The resume for each individual shall not exceed one (1) page in length. Resumes shall be included as an appendix to the main document.
e. Describe proposed line-of-communication between the City, prime team members, and sub-consultants.

5. EXPERIENCE
a. Provide a brief description of Consultant's experience in completing similar projects within the last 5 years.
b. Provide a detailed discussion of specialized experience in completing scope of services listed above.
c. Provide a summary of three (3) similar projects which the Consultant has completed within the last 5 years. Projects currently being performed may be submitted for consideration. Project information should include a brief project description, agency or client name, their telephone number(s), the year of project completion.
d. Identify team members proposed for this project and their roles on the representative similar projects.

6. REFERENCES – The Consultant shall provide a minimum of three (3) references for similar projects for the prime firm. At least one reference shall be from the projects listed in Item 5.c. of EXPERIENCE. At a minimum, each reference shall include the client’s name and location, client contact name, and phone number.

7. STANDARD BILLING RATES – The Consultant’s Standard Hourly Billing Rates for all classifications of staff likely to be involved in the project shall be included along with the mark-up rate for any non-labor expenses and sub-consultants.

Refer to Establishment of Fees (Section IX).

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8. EXCEPTIONS TO RFP – Provide a statement that the Consultant has read, understands, and takes no exception to the RFP or the terms of the City’s Job Order Contract for Professional Services, attached as ATTACHMENT B. If the Consultant does take exception(s) to any portion of the RFP, the specific portion to which exception is taken shall be identified and explained.

9. ADDENDA TO THE RFP – Provide a statement that the Consultant has received all addenda, and include the addendum numbers and dates.

The proposal shall be signed by an individual or, if a corporation, a corporation officer with the power to bind the company or corporation to its proposal. To be considered, all proposals shall be completely responsive to this RFP, and acknowledge that the RFP has been read and understood.

VIII. CRITERIA FOR SELECTION

The City's consultant evaluation and selection process is based on Qualifications Based Selection (QBS) for professional services. An evaluation committee appointed by the City’s Stormwater Program Manager will review the proposals. The criteria and weight for evaluating the proposals submitted will be as follows:

1. 30% - Experience with projects of similar nature.

2. 25% - Understanding of project objectives and scope of work as evidenced in the written narratives.

3. 15% - Experience and credentials of key personnel assigned to the project.

4. 15% - Relevant local experience and reputation of the Consultant, including verification of data and references.

5. 10% - Staffing capabilities demonstrating that the present workload of the firm and the availability of staff for the project will remain sufficient throughout the duration of the contract.

6. 5% - Consultant’s past record of performance in similar projects and the City’s prior experience with the Consultant.

The contract award, if any, will be made to the proposer whose proposal best serves the interests of the City as it determines in its sole discretion. This is not a low bid solicitation. Proposals that do not satisfy the requirements of this RFP will be disqualified.

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IX. ESTABLISHMENT OF FEES

The Consultant’s Standard Hourly Billing Rates (Fee Schedule) for all classifications of staff likely to be involved with an individual project shall be included with the Request for Qualifications along with the mark-up rate for any non-labor expenses and sub- consultants. The City limits mark-up for sub-consultants and direct costs to 10%. The fee schedule shall clearly identify the hourly rates for classifications of staff receiving prevailing wage rates. If the awarded contract is considered for extension past year three, there will be an option for a one-time adjustment to the Fee Schedule at rates acceptable to the City. Proposed rates shall clearly correlate with names and classifications of staff likely to be involved with various elements of the projects. The fee breakdown shall be categorized accordingly.

The Consultant shall be paid based upon hourly rates, unit costs, or fixed fee for services rendered as negotiated. A project-specific scope of work and fee proposal will be required for each service requested through this contract. A work plan and a breakdown of labor hours by employee billing classification together with the cost of non-labor and sub-consultant services shall be included with the fee proposals for individual projects.

There will be no compensation to Consultant for hours expended due to Consultant’s errors and omissions. The City shall not provide reimbursement for mileage.

X. METHOD OF PAYMENT

The Consultant shall submit monthly invoices to the City. Each invoice shall include a detailed breakdown of the services, the tasks, the hours, the personnel and staff type who worked on the project, and hourly rates. A maximum of 10% markup will be allowed for sub-consultants and reimbursables.

XI. PROFESSIONAL SERVICES AGREEMENT

A sample Job Order Contract for Professional Services is enclosed for review, as Attachment “B”. The RFP and the Consultant’s Proposal will be attached and become part of the agreement as exhibits.

Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP.

The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties 06/11/2024 C4 28 of 87

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submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer.

Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker’s compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement. The insurance certificate shall include the City of Vista and the Buena Sanitation District, its officers and employees as insured or additional insured.

XII. ASSIGNED REPRESENTATIVES

The City will assign a responsible representative to administer the contract, and to assist the Consultant in obtaining information. In addition, the Consultant shall assign a responsible representative (Project Manager), who will be identified in the proposal. The Consultant’s representative will remain in responsible charge of the Consultant’s duties from the Notice-to-Proceed through project completion. If the Consultant’s Project Manager should be unable to continue with the project, then the Consultant shall notify the City’s representative in writing. The City’s representative shall first approve any substitution of representatives or sub-consultants identified in the proposal in writing.

The City reserves the right to review and approve/disapprove all key staff and sub- consultant substitution or removal, and may consider such changes not approved to be a breach of contract. This breach of contract will not apply if the Project Manager leaves the Consulting firm.

XIII. RIGHT TO REJECT PROPOSALS

The City reserves the right to delay the project or reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.

The City reserves the right to extend the due date for the proposal, accept or reject any or all proposals received as a result of this request, negotiate with any qualified consultant or cancel this RFP in part or in its entirety. The City may require the selected consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations.

All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the Respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the Respondent. All proposals submitted to the City of Vista become the property of the City. 06/11/2024 C4 29 of 87

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XIV. DISCLOSURE

All proposals become the property of the City unless a return is specifically requested, as specified in the following section. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250 et seq. These requirements include an exemption for “trade secrets”. If any proprietary information is contained in or attached to the written proposal, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a public Records Acts request, you must agree in writing to defend and indemnify the City of Vista if litigation results.

XV. LATE, MODIFIED, OR WITHDRAWN PROPOSAL

Any Proposal received after the exact time specified for submittal will not be considered.

Any modification of a proposal, except a modification resulting from the City's request for "best and final" offer, is subject to the same conditions as the initial submission.

Proposals may be withdrawn by written notice received at any time prior to Notice of Intent to Award. Thereafter, all proposals constitute firm offers, subject to negotiation and execution of definitive documents that will remain open and cannot be revoked, withdrawn, or modified for a period of six (6) months thereafter.

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ATTACHMENT A.

Cityworks Screen Shots

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ATTACHMENT B.

Job Order Contract for Professional Services

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00069720 2 1 of 11 NAMEX

JOB ORDER CONTRACT FOR PROFESSIONAL SERVICES

TYPE OF SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084

Working Contact: WorkingName
Billing Contact: BillingName
The “Contractor”

Namex, statusx
Address1
Address2

Contact: ContactName

2.0 BASIC TERMS

2.1 City is authorized under Chapter 3.08 the Vista Municipal Code to enter into a job order contract with Contractor.

2.2 The “Required License” for the services is licensetype .

2.3 Contractor, a contractor holding the Required License, desires to enter into this “Contract” with the City for the Work (“Contract”).

2.4 The “Services” to be performed by Contractor are set forth in the City’s Request for Proposals (“Exhibit A”).

2.5 Contractor has submitted to City a Proposal to perform the Services dated proposaldate (“Exhibit B”).

2.6 The “Contract Ceiling Price” is $pricex [per year].

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for xx calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional yy months, in increments of City’s choice, for a maximum Term of zz from the Contract Date.

3.3 City may terminate this Contract upon 10-days’ written notice to Contractor.

00069720 2 2 of 11 NAMEX
City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 EXECUTION OF ADDITIONAL DOCUMENTS
As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:

1. Contractor’s Forms

2. Labor Law Compliance Form, Exhibit D (This Contract requires the payment of prevailing wages.)

In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

6.0 COMPENSATION

6.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.

6.3.1 The changes, additions, and deductions to be made.

6.3.2 The increase or decrease in compensation due the Contractor , if any.

6.3.3 Adjustment in the time of completion, if any.

6.4 Contract Ceiling Price

6.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.

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6.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

8.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit A.

10.0 STANDARD OF PERFORMANCE

00069720 2 4 of 11 NAMEX
necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

11.0 STANDARD SPECIFICATIONS AND STANDARD PLANS

11.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:

11.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:

San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.

City: The City of Vista.

Board: The City Council of the City of Vista.

Drawings or Plans: All drawings, plans, maps, profiles, and diagrams delineating the work on the Services.

13.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

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City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

14.0 CIVIL RIGHTS

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16.0 ASSIGNMENT AND SUBCONSULTING

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The Contractor shall include any and all costs associated with compliance with these safety requirements in the appropriate bid items of Services to be performed.

19.0 FINANCIAL` RECORDS

19.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor ’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

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pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.

21.0 CONFIDENTIALITY

21.3 Contractor’s obligations under this paragraph shall survive the termination of this Contract.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

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25.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

26.0 SERVICE OF NOTICE

26.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

28.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

29.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
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[Continued on page 11.]
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33.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN CONLEY, CITY MANAGER
JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER

By:

“Contractor”

NAMEX, statusx

By:

Name/Title

By:

Name/Title

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00069720 2 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS

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00069720 2 Exhibit B

EXHIBIT B
CONTRACTOR’S PROPOSAL

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00069720 2 Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 06/11/2024 C4 52 of 87

00069720 2 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 06/11/2024 C4 53 of 87

00069720 2 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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00069720 2 Exhibit D

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:

1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.

3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.

4. Contractor agrees to comply with the provisions of California 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. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.

5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one 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 California Labor Code.

8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature Date
Name/Title Company:
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00069720 2 Exhibit E

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.

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00069720 2 Exhibit B
4856-0555-6923, v. 2

EXHIBIT B
CONTRACTOR’S PROPOSAL

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Proposal for City of Vista
As-Needed Property Inspections: Stormwater
and Fats, Oil & Grease (FOG)
Prepared by:

Mikhail Ogawa Engineering Inc.
731 S Highway 101, Suite 16
Solana Beach, California 92075
Respectfully Submitted on:

April 22nd, 2024
Mikhail Ogawa, P.E.

Principal Engineer
858.987.4169
[email protected]
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731 S. Highway 101, Suite 16 | Solana Beach, California 92075 | 858.987.4169 | Fax 858.225.0531

April 22, 2024
Ms. Allison McLaughlin
City of Vista
201 North Broadway
Vista, CA 92025
SUBJECT: Proposal for As-Needed Property Inspections: Stormwater and Fats, Oil & Grease (FOG) Services Ms. McLaughlin:

Mikhail Ogawa Engineering Inc. (MOE) is pleased to submit our proposal to provide As-Needed Property Inspections:

Stormwater and Fats, Oil & Grease (FOG) Services for the City of Vista. Established in 2004, MOE is a local business that has consistently delivered strategic and cost-effective engineering and environmental solutions in the region.

MOE has some of the region’s most highly qualified professionals and expertise to assure the City of Vista will have access to the appropriate resources to best implement the services listed in the Request for Proposal (RFP). MOE has extensive experience in and can perform all tasks and activities listed in the City’s RFP Scope of Work.

Some key benefits of MOE include the following.
Experienced Staff – Our staff are highly qualified professionals with experience that matches the City’s tasks listed in the RFP. Additionally, our Team values innovation and creativity, and our staff continually pursue ways to improve program development, implementation, or methods, often resulting in efficiencies for clients. Work Quality – MOE’s Quality Assurance/Quality Control and internal training programs ensure we provide our clients with superior work products and expert-level services.
No Learning Curve – MOE has working experience within the City of Vista and programs related to the tasks included in the RFP, allowing us to hit the ground running.

MOE strives to maintain a safety-conscious culture. Our company integrates safety into every aspect of its work and culture.

Our services include field work in a variety of environments. We have developed standard operating procedures and conduct internal staff training to ensure that safety is at the forefront of our field work for our staff and clients.

Combining our comprehensive knowledge of the required tasks and their purpose with our experience allows MOE to begin efforts immediately and produce high-quality work. In the past five years, MOE has successfully completed projects cost- effectively for the City of Vista and other municipal clients in San Diego County.

Our approach to providing Stormwater Pollution Prevention Services to the City of Vista includes several key components:
Effective Communication with City Staff Providing Quality and Cost-Effective Services Leveraging Experience Compliance Focused Implementation and Reporting MOE’s method is to maintain a thorough and clear understanding of the regulatory requirements driving the City’s program(s).

By knowing the applicable requirements, MOE and the City can confirm that appropriate actions are implemented to fulfill regulations and permit requirements and improve water quality.

The role of managing the project will be within Nehemiah Martinez’s purview. As a strong project manager with over nine years of experience, Nehemiah will work closely with the City’s staff to ensure a high level of efficiency, effectiveness, and standard of quality. Frequent and transparent communication with the City will enable the work to progress effortlessly, technically, and contractually. Nehemiah has served as the project manager on other as-needed projects similar to this scope of work. MOE has a dedicated Principal, Mikhail Ogawa, committed to this project and ensuring the Team exceeds the City’s expectations. One responsibility of the Principal-In-Charge is to ensure that all team members have the availability to work and deliver quality 06/11/2024 C4 59 of 87

April 22, 2024
Ms. Allison McLaughlin

Page 2 of 2 ends

products for the project term. MOE’s current staffing allows us to accept this project, integrate the compliance-driven schedules into our workload, and successfully implement the tasks for the City.

The number one focus for the MOE Team is to provide responsive and high-quality service to the City. Meeting schedules and delivering innovative solutions that allow the City to meet its objectives and responsibilities most efficiently are intrinsic to MOE.

All of the key personnel identified in this proposal are guaranteed to be available to support this contract for its duration. This translates into a consistent and available team of staff ready to support the City. Further, no substitutions of key project personnel will occur without the City's written approval.

For the purposes of this proposal, our contact person is Mikhail Ogawa. Mikhail’s contact information follows:

Mikhail Ogawa Engineering Inc.
731 S. Highway 101, Suite 16
Solana Beach, California 92075
858.987.4169
[email protected]
MOE’s current insurance coverage meets the City’s insurance requirements. MOE is prepared to execute the City’s Job Order Contract for Professional Services as written. Further, if a team member voluntarily leaves our firm, we will propose a substitute team member to fulfill the vacant role. Any such proposed substitution is subject to approval by the City.

We look forward to the opportunity to work with the City’s staff and provide exceptional As-Needed Property Inspections:

Stormwater and Fats, Oil & Grease (FOG) Services.

If you have any questions, please call me at 858.987.4169.

Respectfully submitted,

Mikhail Ogawa P.E. QSD
President/Principal Engineer

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1 COMPANY INFORMATION
Mikhail Ogawa Engineering Inc. dba MOE – A California Corporation Proposal Contact Person and Authorized to Enter Contracts for MOE:

Mikhail Ogawa, P.E. | President
Phone: 858.987.4169 | [email protected]

Address and Location of Project
Work:
731 S. Highway 101, Suite 16
Solana Beach, CA 92075
California Secretary of State Entity Number: C3660205
California Department of Industrial Relations (DIR)
Number: 1000031931
Number of Employees in San Diego County: 13
2 PROJECT UNDERSTANDING AND APPROACH

PROJECT UNDERSTANDING
The City has been implementing its stormwater inspection programs pursuant to its existing Jurisdictional Runoff Management Plan (JRMP) and Regional Water Quality Control Board (RWQCB) Order R9-2013- 0001 and amendments (MS4 Permit). Further, the City implements its Fats, Oil and Grease (FOG) inspection program pursuant to its Sanitary Sewer Management Plan and State Water Resources Control Board Order No. 2022-0103-DWQ. The intent of the collective inspection programs is to achieve improved water quality in the City’s outfall discharges (or stormwater discharges), as well as downstream receiving water bodies.

The City must inspect its entire inventory of existing development once every five years using one of three inspection types: driving patrols, onsite, or visual inspections of publicly accessible inventoried facilities or areas by volunteer monitoring or patrol programs that have been trained by the City. At a minimum, the City must annually perform onsite inspections of an equivalent of at least 20 percent of its inventoried existing development areas and facilities. Furthermore, all properties in the inventory must be inspected at least once during the 5-year MS4 Permit cycle.

Based on several considerations, the City must evaluate the structural BMPs (private and City-owned) in its regularly updated inventory to designate high-priority structural BMPs. The City must inspect all designated high-priority structural BMPs at Priority Development Projects annually prior to each rainy season (October 1st).

The City conducts FOG inspections at Food Service Establishments (FSEs) annually. These inspections are intended to reduce the amount of FOG in the sanitary sewer collection system and the resulting overflows that adversely impact the environment. Inspections include reviewing the practices and FOG control devices at FSEs and prioritizing an education and outreach approach rather than enforcement.

The City also seeks support for prioritizing the inspections based on several factors, including facility type, areas of the sanitary sewer collection system that have been impacted by FOG, and other considerations.

MOE shares the City’s overall approach to compliance inspections. The following are a few examples of this shared approach:
 The importance of maintaining good working relationships with regulated communities as exemplified by electing not to perform FSE inspections during peak operating hours of 11 am to 1 pm. Maintaining good working relationships enhances the opportunity for compliance by the regulated communities.
 Performing meaningful inspections and not simply “checking off boxes”: inspecting to protect and improve water quality.
 Seeking programmatic efficiencies while maintaining water quality effectiveness.  Evaluating and documenting program elements to identify source threats to water quality as well as demonstrate program effectiveness.
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MANAGEMENT APPROACH TO PROJECT
The proposed approach described herein to accomplish the work is inclusive of all management tasks identified in the RFP.

Our approach to overall project management and implementation includes several key elements:
 Communication: MOE recognizes the need to be available for meetings with City staff to coordinate efforts and confirm management and implementation approaches. Our staff is available at all times to meet and discuss or respond to all situations regarding project services.

Our Project Manager, Nehemiah Martinez, will maintain appropriate contact with City representative(s) to ensure proper coordination during all phases of the project.  Leadership: Our Principal-In-Charge, Mikhail Ogawa, will support the Project Manager, Nehemiah Martinez, by ensuring appropriate resources are continuously available to deliver project services.

Mikhail will be available to communicate with City staff any concerns or successes regarding MOE and the project. Mikhail will support Nehemiah to be successful in his role.  Compliance Focused Implementation: One of the primary foundations of our firm’s approach is providing cost effective and efficient services that are compliant with regulatory requirements. We take the time to understand the requirements of the MS4 Permit, City applicable Water Quality Improvement Plans, JRMP, and other applicable regulatory documents so that the recommendations we offer are sound and maintain compliance.  Experience: We use our experiences within the region to enhance the services provided. MOE is currently involved in many key regional, watershed, and jurisdictional efforts including, but not limited to: WQIP implementation, MS4 permit reissuance, TMDL implementation, reporting and assessment standards, effectiveness assessment, monitoring programs, trash amendment implementation, land development efforts and regional workgroups.

MOE will coordinate and schedule all tasks to maintain a high level of efficiency. Many of the inspection tasks’ activities have the opportunity for synergy – meaning they can be performed in conjunction with each other to best make use of staff’s expertise and time. Prior to implementing any of the major project tasks (i.e. structural BMP inspections), MOE will prepare a schedule to be reviewed and approved by the City that considers synergy between inspection tasks.

Upon receipt of task order requests from the City, Mr. Martinez will meet with City task managers to review project objectives, approaches, schedules, and deliverables. Mr. Martinez will identify a plan to address the task order within the schedule and approaches confirmed by the City. MOE will then prepare a scope proposal, including methodology to complete the work, fee estimate, and schedule for the City to review.

Once the City has issued a Purchase Order and Notice to Proceed, Mr. Martinez will be responsible for directing the team and delivering work products to the City while maintaining continued communication with City staff throughout each task. MOE maintains a proactive style of project management designed to keep project schedules and budgets on track.

MOE recognizes the importance of tracking the progress of inspection programs for compliance with the MS4 Permit. Equally important is the progress of the contract, both for schedule(s) and budget. MOE will inform the City of project progress through meetings or periodic status reports and budget updates to communicate the progress of the tasks and overall project.

QUALITY AND COST CONTROL MEASURES
Quality and cost controls are most effective when clear scopes of work and budgets are established at the start of a project – during the job order development process. MOE will work with the City to select the desired approaches and project deliverables and develop scopes of work that are well defined, realistic and achievable. Along with clear scopes, there is a need for appropriate and well described project budgets. Ensuring each task is appropriately budgeted is essential to the success of each project.

MOE’s methods of Quality Assurance (QA) and Quality Control (QC) implementation are as follows:
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 Prior to beginning any job order for the City, Nehemiah Martinez (Project Manager) and Genel Davis (QA/QC lead) will confirm the QA/QC requirements with the City for project deliverables and activities.
 For each project, Ms. Davis will prepare a project control plan. • The plan will establish the goals, objectives, methods, project staff, and QC requirements necessary for the project's proper development and implementation. It will be updated as necessary as the project proceeds.
• Inspection activities require a specific type of QC Plan that uses checklists and periodic reviews of collected data to ensure appropriate data is collected for City use. MOE has developed and used inspection specific QC plans for Vista and other cities. • When required to develop documents for this project, the QC Plan will accomplish the following:
1) Identify the level of detail to be applied to each review and which milestones will require QC reviews.
2) Identify the QC reviewers responsible for reviewing each task and the Project/Task Manager responsible for QA verification. Mr. Martinez will be reviewing each written memorandum, report or plan document before submission to the City. 3) The QC Plan will include a review log to be used by the task manager for tracking and documenting the QC process. The QA/QC lead will also use the review log to confirm that appropriate QC reviews have occurred.
 As necessary, with confirmation of City staff, QC reviews will be outlined as work tasks and integrated into the project schedule. With the completion of each work product, the product author will assemble a set of documents to be reviewed by the designated QC reviewers and Mr. Martinez.
 In the event that any work product or deliverable is to be released to the City before required QA/QC procedures have been performed, the following will be implemented:
• Mr. Martinez will approve the release of the work product or deliverable, • The documents will be marked “Draft/Review Copy – For Information Only,” and • The City will be notified in the transmittal correspondence that the QC process has not been completed for the specified work products or deliverables.  All QA/QC documentation will be kept in project files to demonstrate that the project QA/QC requirements are met.

TECHNICAL APPROACH TO PROJECT
The proposed approach described herein to accomplish the work is inclusive of all scope of work tasks identified in the RFP.

Our technical approach starts with several key elements:
 Safety: MOE takes safety seriously and adopts a safety culture into all projects. Our field staff are trained and certified to identify and implement necessary practices for confined spaces. We are trained and equipped to address first aid needs in all project settings. We have the proper equipment and tools necessary to access structural BMPs and FOG devices in a safe manner.  Resource Management: MOE proactively plans and schedules resources to deliver diverse project services. We use resource management software to ensure that appropriate staff are available to perform services.
 Training and coordination: MOE conducts continued training for staff and has periodic internal workshops to maintain our understanding of the types and severity of issues identified from compliance inspections. At the workshops, staff share findings, resolutions and discuss the impacts to jurisdictional programs and effectiveness.

Specific to the inspection tasks, the following general approach will be applied. Following the general approach description, supplemental approach elements are identified for each of the inspection types.

For all inspection types, our approach to implementing the services described in the RFP will begin with assisting the City with its inventory management and prioritization for inspections. We will schedule the 06/11/2024 C4 63 of 87

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required inspections to ensure inspections and necessary follow-up with responsible parties are complete by the regulatory timelines. Inspections include data management and QC oversight to ensure that inspection data are adequate for both demonstrating compliance with regulatory requirements and effectiveness of the City’s program.

Similar to services provided to the City of Vista and other regional jurisdictions, if requested, MOE will prepare memorandums, procedures, inspection summary reports, and support materials (e.g., fact sheets) for the four inspection types.

While performing field work in the City, upon identification, MOE will immediately notify City staff of illicit connections or discharges. This notification has typically been completed by emailing [email protected] so that the City can readily record the illicit discharges and illegal connections identified by MOE.

STRUCTURAL BMP INSPECTION PROGRAM
 We will schedule annual inspections to achieve any
follow-up with responsible parties and the completion
of the inspections by October 1st each year.
 As discussed in the RFP, if requested, MOE will use
our experience to perform structural BMP design
reviews and construction verification.
 MOE understands that the City has maintained
detailed files for each Priority Development Project
and can provide those files so that we may use
appropriate documents to evaluate structural BMP
field conditions fully. Further, we will use our work
experience in Vista to identify onsite locations and
conditions of structural BMPs efficiently.
 MOE assumes the City will manage the self-
verification element of the program. However, we
have experience managing several self-verification
programs and can assist in the implementation of the
City’s program if requested.

EXISTING DEVELOPMENT INSPECTIONS – INDUSTRIAL AND

COMMERCIAL FACILITIES
 MOE will work with the City to identify the properties to be inspected using the City’s Property Based
inspection protocols, developed with the support of MOE.  MOE will inspect the assigned properties and use our own cell service-enabled tablets to record findings into the City’s Cityworks system.

EXISTING DEVELOPMENT INSPECTIONS – RESIDENTIAL PROPERTIES  If the City desires support, we will schedule patrols to ensure the minimum number of Residential Management Area inspections are completed on an annual basis.  MOE will conduct driving patrols of RMAs, assess compliance with BMPs, and conduct follow- up stormwater compliance inspections.

FATS, OIL AND GREASE (FOG) INSPECTIONS
 MOE will review the City’s developed FOG BMP Manual and poster and provide comments, if any, for revisions.
 MOE will provide the necessary and proper equipment and tools to perform the FOG inspections.
 Upon review of the FSE’s grease control devices and associated documentation/records, MOE will enter all data into Cityworks.

Figure 1: Deficient Structural BMP in Vista
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City of Vista – As-Needed Property Inspections: Stormwater and Fats, Oil & Grease (FOG) April 22, 2024

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 It is anticipated that MOE will use
City provided materials to prepare
binders for FSEs use.
 MOE will provide education and
outreach to the FSE
owner/manager as-needed.
 MOE will notify the City frequently
of FSEs that require a follow-up
inspection from City staff.

PROGRAM ADAPTATIONS
 As-needed MOE will support the
City through the identification of
program adaptations that can
improve the efficiency or
effectiveness of program elements
while maintaining a focus on water
quality protection and
improvement.
 Recently, MOE used this approach to support the City’s revisions to the TCBMP prioritization process and implementation of a property-based commercial/industrial existing development program.

PROJECT RECOMMENDATIONS
Through years of experience, we have found that it is often difficult to engage with business owners who are untrusting of non-patrons entering their businesses. Unfortunately, solicitors and nefarious individuals have attempted to take advantage of business owners. The resulting suspicion can make it difficult to gain entry to perform required inspection activities. The process of gaining entry can be lengthy and may burden City staff by requiring their valuable time to communicate with the business owners. We have found effective and efficient methods of engaging with the business owners by providing City business cards or City-issued contractor badges to contract inspectors. If City policies do not allow cards or badges to be issued, authorization letters printed on City letterhead are recommended. MOE has identified these letters to proceed as effective tools in gaining access for inspections. 3 PROJECT TEAM AND ORGANIZATION CHART
The organizational chart on the following page identifies MOE staff that will provide services to the City of Vista for this project. All team members are experienced, versatile and critical to our service mission.

Resumes for all proposed team members available to support the City are included at the end of this proposal as Attachment 1. MOE will not substitute staff without prior written approval of the City.

Although all staff in the chart are available to fulfill the required services, key personnel expected to be involved with this project are listed below with brief discussions of their relevant experience.

Nehemiah Martinez, as the Project Manager and Mikhail Ogawa, as the Principal-In-Charge, will maintain a strong presence and role in all tasks. This includes participation in task scoping efforts, kickoff and coordination meetings, and providing review of all project deliverables. This management style allows for high quality work products and minimal administrative burden on City of Vista staff. As services are requested by the City, Mr. Martinez will individualize a task-specific team, including a task-lead, that will support the City’s needs.

Nehemiah and Mikhail will be the primary contacts for this contract. To maintain project efficiencies, MOE proposes to have task leads communicate directly with City staff for day-to-day scheduling and field issues identified that require immediate attention of the City.

Mr. Ogawa is committed to this project and his role as Principal-In-Charge, supporting Nehemiah, the Project Manager, and the entire project team. One of his responsibilities in this role is to ensure that all team members have the resources to work and deliver quality products for the term of the project. MOE’s Figure 2: Grease Control Device at a City of Vista FSE
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City of Vista – As-Needed Property Inspections: Stormwater and Fats, Oil & Grease (FOG) April 22, 2024

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current staffing allows us to accept this project, integrate the compliance driven schedules into our workload and be successful in implementing the tasks for the City.

Figure 3: MOE Organizational Chart
Summary of Qualifications for Key Personnel
Mikhail P. Ogawa P.E., QSD | Principal Engineer
Mr. Ogawa has over 28 years of experience with public agencies, including the Cities of Vista, Coronado, Del Mar, Escondido, San Marcos, Dana Point, Carlsbad, and the Counties of San Diego and Santa Barbara. Mr. Ogawa has undertaken various projects throughout his career, showcasing his expertise in developing and implementing Stormwater/Runoff Management Programs/Watershed Plans. His portfolio includes construction management for successfully restoring a coastal estuary and developing a comprehensive sediment management plan for a sizable reservoir. His diverse experience and focus on water quality give him a big-picture perspective on jurisdictions and the daily operational tasks needed to meet program requirements.

Nehemiah Martinez, QSP | Senior Scientist
Mr. Martinez has over nine years of service to several cities, including Vista, Escondido, Coronado, Del Mar, San Marcos, and Solana Beach. During his career, he has played a vital role in various projects, including implementing entire MS4 programs and SWPPP protocols and conducting water quality monitoring. His expertise includes JRMP implementation and reporting, data analysis, staff training, and managing outfall monitoring activities. Mr. Martinez is a key contributor to stormwater compliance and monitoring efforts, and conducting inspections for construction, TCBMP, existing development, and FOG 06/11/2024 C4 66 of 87

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programs. His commitment to environmental stewardship and compliance has been widely appreciated by the agencies he has served.

Zach Rowlands, QSP | Associate Scientist
With over three years of experience in stormwater and environmental science, Mr. Rowlands has developed a strong background in environmental compliance. His career spans service to federal agencies such as the Environmental Protection Agency and the Bureau of Land Management, and public agencies including the Cities of Vista, Coronado, Solana Beach, and Del Mar. Mr. Rowlands excels in environmental compliance investigations, accurate documentation, efficient data management, and proficient report writing. His expertise includes various responsibilities, from conducting rigorous water quality monitoring for MS4 and Industrial General Permit (IGP) compliance to overseeing SWPPP project inspections and leading municipal Fats, Oil & Grease (FOG) programs. This reflects his unwavering commitment to environmental stewardship and strict regulatory adherence. 4 EXPERIENCE
Recent Relevant Project Experience
MOE has developed and implemented successful inspection programs in the region for the past 20 years.

Some highlights of our recent experience connected with the City’s RFP program elements are presented below:

MOE has provided the As-Needed Property Inspection Services requested in the City’s RFP for municipalities in the local region, including the City of Vista. In some cases, we have evaluated existing programs and enhanced the inspection programs to be more effective. For all of our services, we work closely with staff to ensure that our inspection schedules meet program needs and requirements.

Through programmatic implementation, MOE has experience using Cityworks for several jurisdictions, including the City of Vista, and other proprietary systems for tracking inspection data and information.

We provide our own field equipment (i.e. tablets) and internet connectivity. Our experience in data management and documenting findings allows cities to appropriately follow-up or, in some cases, enforce.

MOE continually looks to enhance and create efficiencies in JRMP program elements that allow for efficient implementation that meets permit compliance and supports the protection and improvement of water quality.

MOE is a pioneer of parcel/property-based patrols in the region. MOE developed the concept and established the first stormwater parcel-based inspection program in the region. We have honed the implementation procedures and documented protocols to be as effective and efficient as possible. Parcel- based inspections implemented in the region highlight our innovation with programmatic implementation.

MOE recently supported the development and implementation of protocols for Property-based Inspections for the City of Vista’s existing development inspection program. Protocol development included enhancements to inventory structure and the creation of inspection procedures. Through this process, MOE has streamlined the workflow for conducting efficient and cost-effective inspections.

MOE has a robust training program that includes technical, safety, ethics, cyber-security, and professionalism elements. MOE does not release staff to perform independent field services for clients until they have been thoroughly trained in all facets of our services. We have had tremendous success through our training program with clients providing feedback that our staff are thorough, demonstrate technical expertise, excellent communication, and are professional when engaging City staff and the public.

Table 1 below identifies the relevance of some of MOE’s recent projects to the scope of work identified in the City’s As-Needed Property Inspections: Stormwater and Fats, Oil & Grease (FOG) RFP.

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Table 1: Recent MOE Projects relevant to the City of Vista’s As-Needed Property Inspections Stormwater and Fats, Oil & Grease (FOG)
Projects
Scope of Work Topic Areas MOE Personnel Associated
with Project
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City of Vista Stormwater Program
City of Escondido Stormwater Program
City of Del Mar Clean Water Program
City of Solana Beach Stormwater Program
City of San Marcos Stormwater Program
City of Vista Stormwater Program
City of Carlsbad Stormwater Program
City of San Diego Stormwater Program
City of Encinitas Stormwater Program
Below are brief descriptions of recent projects MOE has completed or is actively working on that demonstrate our qualifications to perform similar services for the City of Vista.

MOE provides the City of Solana Beach with
stormwater program support services that
include program implementation technical
assistance; inspections/patrols; coordination
with Copermittees and City staff; and
regulatory compliance support.

MOE provides stormwater inspections for
industrial/commercial facilities, residential
management areas, structural BMPs, and
construction sites. Additionally, MOE annually
performs the City’s FOG inspections at Food
Service Establishments. MOE manages all of
the data and findings from the inspections and
assists the City with generating annual reports.

MOE introduced a parcel-based inspection program in the City of Solana Beach that has proven to be cost-efficient and effective from a water quality perspective. MOE identifies deficiencies at properties that would otherwise go unidentified under facility-based inspections.

Our experience with the City of Solana Beach’s Stormwater Program reinforces our technical experience and knowledge, which provides a solid foundation for environmental services/stormwater. MOE has the City of Solana Beach As-Needed Stormwater Program Management: City of Solana Beach Figure 4: Structural BMP in City of Solana Beach
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“boots on the ground” insight to understand data collection opportunities and challenges that may impact program implementation. MOE provides frequent, clear, and concise communication with City staff, including monthly briefings, that assist the City staff with making applicable management decisions or support management briefings.

MOE provides the City of Escondido with
stormwater program support services, including
technical assistance for program implementation,
inspections, and regulatory compliance support.

MOE provides the City with stormwater
inspections for industrial/commercial facilities,
structural BMPs, and construction sites.

Inspections include identifying implemented BMPs
as well as deficiencies that either need correction
or enforcement actions. We conduct appropriate
follow-up inspections and coordinate directly with
the regulated communities as-needed to address
identified issues.

MOE manages all the data and findings from the
inspections, which support the City in generating
annual reports.

Our experience with the City of Escondido’s Stormwater Program provides a broader, diverse base of regulated facilities that further enrich our knowledge and experience. The wide variety of structural BMPs and business types expands MOE's repertoire of services.

MOE serves as the City of Del Mar’s Clean Water
Program, providing services including planning,
implementing, and reporting for the City’s entire
program, as well as fulfilling the City’s watershed
responsibilities. MOE developed the City’s JRMP
and updated the JRMP and BMP Design Manual.

MOE provides watershed planning, TMDL
planning, implementation and monitoring, and
reporting for the City’s two diverse watersheds.

These efforts include developing watershed
strategies, designing special studies, reviewing
implementation data and information, and
gathering the necessary reporting information
while managing budget, resources, and
compliance. MOE has adapted City programs to
promote effectiveness and efficiency including
successfully implementing the region’s first patrol-
based inspection program in Del Mar. MOE conducts City-wide staff trainings, monitoring, presentations to City Council, special study implementation, education and outreach, program budgeting, inspections/patrols and illicit discharge investigations/complaint responses. Other efforts include preparing technical memorandums, standard operating procedures, inspection summary reports, and outreach materials (i.e. residential door hangers, fact sheets, etc.). MOE coordinates and works closely with City Management and other City Departments to ensure Citywide compliant program implementation.

Stormwater Program Technical Support: City of Escondido City of Del Mar As-Needed Clean Water Program Management: City of Del Mar Figure 5: Structural BMP Inspection in City of Escondido Figure 6: Trash Issue in City of Del Mar
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MOE provides the City with stormwater inspections for commercial, residential management areas, structural BMPs and construction sites. Additionally, MOE performs concurrent grease management inspections during stormwater inspections at the City’s Food Service Establishments. MOE manages all of the data and findings from the inspections and develops the City’s annual reports. MOE also prepares all follow-up correspondence and documentation (i.e. education letters and Notices of Violation) for the regulated community.

MOE introduced a property-based patrol inspection program throughout the City of Del Mar that has proven to be cost-efficient and effective from a water quality perspective. MOE identifies deficiencies at properties that would otherwise go unidentified under facility-based inspections.

Our experience with the City of Del Mar’s Clean Water Program reinforces our technical experience and knowledge which provides a solid foundation for stormwater services.

MOE Jurisdictional Stormwater Compliance Support Services Projects: Along with the projects identified above, some additional projects MOE has successfully completed in recent years are:
 City of Vista FOG Inspections  City of La Mesa JRMP Update  City of La Mesa Trash Program  Water Quality Monitoring: Miramar Landfill  SWPPP Support for SDG&E and SoCal Gas  City of San Diego TCBMP Program Evaluation  City of San Diego Ind/Comm Program Support  City of Vista Public Works BMP Manuals  City of Vista TCBMP Program Support  BMP Feasibility Studies (Various Cities)  City of San Diego Ind/Comm Program SOPs  City of San Diego Residential Inspection Program 5 REFERENCES
The following is a listing of client references for projects with similar tasks as listed in the RFP.

Contact Name Client Name Location Email Address and Phone Number Mr. Dan Goldberg City of Solana
Beach* Solana Beach [email protected] | 858.720.2474
Ms. Kimberly Silva City of Escondido* Escondido [email protected] | 760.839.6315 Ms. Karen Brindley City of Del Mar* Del Mar [email protected] | 858.704.3642 Mr. Reed Thornberry City of San
Marcos San Marcos [email protected] | 760.744.1050 ext. 3217
Ms. Shawnetta
Grandberry City of Carlsbad Carlsbad [email protected] | 760.594.4077
*coincides with project descriptions above
6 BILLING RATES
Per the RFP, this rate schedule is not subject to annual and/or periodic revisions for the term of the agreement unless an extension at the end of three years is awarded.

Principal Engineer
Mikhail Ogawa................... $195.00
Associate Engineer
Genel Davis ...................... $170.00
Senior Scientist
Nehemiah Martinez ........... $180.00
Jeff Warner ........................ $180.00
Associate Scientist
Zach Rowlands .................. $170.00
Sara Afshar ....................... $170.00
Jason DuMond .................. $170.00
Assistant Scientist
Shane Daly ....................... $160.00
Dustin Tran ....................... $160.00
Ellie Deer .......................... $160.00
Shiva Chemburkar ............ $160.00
Administrative Professional
Dori Jacobs ....................... $90.00

REIMBURSABLE COSTS
Subcontractors:

Actual expense plus 8%
Other Direct Costs:

Actual expense plus 8%
7 EXCEPTIONS TO THE RFP
By submission of this proposal, MOE certifies we have read, understand and take no exception to the contents of the City’s RFP, including the City of Vista’s Job Order Contract for Professional Services (Attachment B of RFP) as is, without modifications.
8 ADDENDA TO THE RFP
No addenda was issued for the project Request for Proposal (RFP). 06/11/2024 C4 70 of 87

Appendix 1

MOE Team Resumes

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Mikhail P. Ogawa, P.E., QSD/QSP
President | Principal Engineer
Mr. Ogawa has over 28 years of experience with public agencies, including the Cities of Vista, San Diego, Del Mar, Solana Beach, San Marcos, Oceanside, Dana Point, Carlsbad, and the Counties of San Diego and Santa Barbara. He understands the necessity of keeping public agency projects on schedule and within budget. Mr.

Ogawa has worked on complex projects, from developing and implementing several NPDES/Stormwater/Urban Runoff Management Programs to developing a sediment management plan for a large reservoir. He has experience in environmental review, permitting, and engineering design. He also has site development experience, including utility review, development of grading plans, and facility layout. In addition to the experience that Mr. Ogawa has obtained through his diverse project history, he has developed trusted working relationships with Regional Water Quality Control Board staff. These relationships have proven valuable when seeking information and clarification about water quality and permitting issues.

Relevant experience includes:

City of Del Mar Clean Water Program Manager – As the program manager for the City’s Clean Water Program between 1999-2004 and 2009-present, Mr. Ogawa is responsible for the program development, implementation, and compliance reporting. The program is the compliance program for the regional MS4 Municipal Urban Runoff NPDES permit. The program includes education and outreach, construction, monitoring, inspection, and assessment components. This role allows Mr. Ogawa to have insight into what jurisdictional Copermittees face on a day-to-day basis, including coordination with multiple departments, responding to the public, City Council, and executive management inquiries and requests, developing program budgets, and working closely with RWQCB staff on MS4 permit topics.

City of Vista Storm Water Program, Vista, California – Mr. Ogawa provided as-needed practical technical support services to the City of Vista’s stormwater program. These services were provided continuously between 2004 and 2017 and restarted in 2019. In general, services included: 1) Preparation of the City’s jurisdictional stormwater programs (JURMP and JRMP); 2) Channel maintenance support; 3) MS4 and open channel system evaluations and mapping; 4) Developing City department-specific stormwater implementation manuals; 5) Support for enforcement, IDDE and special investigations. Through the implementation of the services, Mr. Ogawa became familiar with the City and City staff's geophysical features. This understanding level provides insights into City functions and allows Mr. Ogawa to provide whatever stormwater-related service is requested.

Carlsbad Watershed – Watershed Coordinator, Carlsbad, California – Mr. Ogawa provided technical support to the Copermittees in the Carlsbad Watershed for their Watershed Urban Runoff Management Program and Water Quality Improvement Plan (WQIP) development. The support includes program development, coordination of the Copermittees, setting and facilitating meeting agendas, developing watershed activities, and annual reporting. Mr. Ogawa has played a role in the Carlsbad Watershed management processes' refinement and re-evaluated the program direction based upon the knowledge of the watershed, sources, and water quality data. Mr. Ogawa led the development of the WQIP in 2013- 2015. The complex project included assessments of existing water quality, developing key strategies, and identifying combinations of strategies that would effectively address water quality conditions in the watershed management areas.

Additional experience is available upon request.

EDUCATION
M.S. Civil &
Environmental
Engineering
San Diego State
University

B.S. Equivalent, Civil &
Environmental
Engineering
San Diego State
University

B.S. Aerospace
Engineering
San Diego State
University

REGISTRATION
Professional Engineer-
Civil Engineering
State of California
C59603

CERTIFICATIONS
CASQA Qualified SWPPP
Developer, QSD #20408
06/11/2024 C4 72 of 87

Nehemiah Martinez
Senior Scientist
Mr. Martinez has over nine years of experience in the stormwater and environmental engineering field. Mr. Martinez has worked with public agencies, including the Cities of Del Mar, Encinitas, Escondido, San Marcos, Solana Beach, and Vista. Mr. Martinez has worked on projects ranging in complexity from SWPPP (Storm Water Pollution Prevention) implementation to conducting water quality monitoring. He has experience in data analysis, staff training, and outfall monitoring activities.

Relevant experience includes:

City of Del Mar Clean Water Program, Del Mar, California – Mr. Martinez provides oversight, monitoring, and inspection support for managing the City of Del Mar's municipal program components through the Clean Water Program. This includes residential, commercial, municipal, and construction inspections.

Duties include bi-weekly, monthly, pre-rain, during-rain, and post-rain inspections. During this time, he has met and communicated with construction site supervisors, city staff, and residents to discuss proper stormwater protection measures. Support includes detailed logging of inspection observations, coordination with individual contractors at active construction sites, follow-up inspections to ensure compliance, and enforcement proceedings when required. Mr. Martinez has assisted in the data management and development of the City’s JRMP Annual Report.

City of Del Mar Fats, Oils, and Grease (FOG) Inspection Program, Del Mar, California – Mr. Martinez provides oversight of inspections of food service establishments as part of the City of Del Mar's Fats, Oil, and Grease Control Program. His experience includes site evaluations of grease control devices and verification of compliance with the City of Del Mar's municipal code regarding FOG regulations. Mr.

Martinez also provides review support for variance and waiver applications submittals for establishments seeking approval for alternative compliance.

City of Vista Parcel/Property-Based Inspections, Vista, California – Mr. Martinez performs city-wide stormwater site and business inspections of commercial properties for stormwater best management practice compliance. This program involves inspecting commercial properties for their contribution to non-stormwater discharge and evaluating sources of stormwater pollution. Inspections are recorded in Cityworks via a mobile device, and photo documentation is provided for each non-compliant inspection.

All deficient or non-compliant cases are flagged in Cityworks for follow-up inspections, investigations, and/or notifications by City staff.

City of Vista Fats, Oils, and Grease (FOG) Inspection Program, Vista, California – Mr. Martinez completed inspections of food service establishments as part of the City of Vista’s Fats, Oil, and Grease Control Program. His experience includes site evaluations of grease control devices and verification of compliance with the City of Vista’s municipal code in regard to FOG regulations. Mr. Martinez initiated site inspections through contact with on-site personnel and documented inspection results through the City of Vista’s asset management tool, Cityworks.

City of Vista Treatment Control Best Management Practice (TCBMP) Inspection, Vista, California – Mr.

Martinez completed inspections of more than 200 TCBMPs across the city to determine whether or not the controls were operating sufficiently. TCBMPs that required maintenance were recommended for a follow-up inspection. The field inspections also included populating the City of Vista’s asset management tool, Cityworks, with pertinent inspection data. Throughout the process, Mr. Martinez contacted property owners and residents to gain access to several sites for inspection.

Additional experience is available upon request.

EDUCATION
B.S. Environmental
Resource Management
Pennsylvania State
University

CERTIFICATIONS
QSP: #276669
RWSS: #4567

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Zach Rowlands
Associate Scientist
Mr. Rowlands has over three years of experience in the stormwater and environmental science field. Mr. Rowlands has experience working with federal agencies, including the Environmental Protection Agency and the Bureau of Land Management. Additionally, Mr. Rowlands has experience working with public agencies, including the Cities of San Diego, Vista, Solana Beach, and Del Mar. He is skilled in environmental compliance investigations and documentation, data management, and report writing.

Relevant experience includes:

City of Del Mar Clean Water Program, Del Mar, California - Mr. Rowlands supports the City’s Clean Water Program by performing residential, commercial, municipal, and construction inspections. Duties include conducting bi-weekly, monthly, pre-rain, and post-rain inspections. This work requires communication with construction site supervisors and residents to ensure proper stormwater management. Support includes detailed logging of inspection observations and coordination with individual contractors at active construction sites. Duties include existing development patrol, illicit discharge investigation, and follow- up oversight. During this time, he has met and communicated with construction site supervisors, city staff, and residents to discuss proper stormwater protection measures.

City of Del Mar Fats, Oils, and Grease (FOG) Inspection Program, Del Mar, California – Mr. Rowlands provides inspections of food service establishments as part of the City of Del Mar's Fats, Oil, and Grease Control Program. His experience includes site evaluations of grease control devices and verification of compliance with the City of Del Mar's municipal code regarding FOG regulations. Mr. Rowlands initiates site inspections by contacting on-site personnel and documenting inspection results.

City of Vista Fats, Oils, and Grease (FOG) Inspection Program, Vista, California - Mr. Rowlands coordinates and completes inspections of food service establishments as part of the City of Vista’s Fats, Oil, and Grease (FOG) Control Program. His experience includes site evaluations of grease control devices and verification of compliance with the City of Vista’s municipal code regarding FOG regulations.

Additionally, Mr. Rowlands provided valuable feedback and has been a resource for City staff in developing a robust FOG program. Mr. Rowlands initiates site inspections through contact with on-site personnel and documented inspection results through the City of Vista’s data management tool, Cityworks.

City of Vista Parcel/Property-Based Inspections, Vista, California – Mr. Rowlands performs city-wide stormwater site and business inspections of commercial properties for stormwater best management practice compliance. This program involves inspecting commercial properties for their contribution to non-stormwater discharge and evaluating sources of stormwater pollution. Inspections are recorded in Cityworks via a mobile device, and photo documentation is provided for each non-compliant inspection.

All deficient or non-compliant cases are flagged in Cityworks for follow-up inspections, investigations, and/or notifications by City staff.

City of Vista Treatment Control Best Management Practice (TCBMP) Inspections, Vista, California - Mr. Rowlands completes annual inspections of TCBMPs to ensure structural BMPs and devices are maintained and functioning properly. Inspection results are documented through the City of Vista’s data management tool, Cityworks.

Additional experience is available upon request.

EDUCATION
B.S. Environmental
Science
Loyola Marymount
University -2017

CERTIFICATIONS
QSP: #28545
RWSS: #6250
06/11/2024 C4 74 of 87

Genel Davis, EIT
Associate Engineer
Ms. Davis is an Environmental Engineer with over nine years of experience working with public agencies, including the Cities of San Diego, Del Mar, Solana Beach, Encinitas, Carlsbad, Oceanside, Vista, and San Marcos. Through her involvement in multiple watershed master plans, local capital improvement projects, design and feasibility studies, and municipal maintenance programs, Ms. Davis has extensive experience in watershed-scale management and on-the-ground implementation of stormwater programs. She has experience identifying BMP locations, assessing site feasibility, hydrologic and hydraulic modeling, and prioritizing stormwater projects to satisfy multiple management objectives and reduce overall planning/implementation costs.

Relevant experience includes:

City of Vista Structural BMP Inspection Program Procedures Support, Vista, California – Ms. Davis is assisting in an evaluation of the City of Vista's Structural BMP Inspection Program. Ms. Davis assists in developing standard operating procedures and guidance documents that outline the City's BMP inventory, inspection, prioritization, scheduling, and data management processes necessary to meet regulatory reporting compliance.

City of Vista Fats, Oils, and Grease (FOG) Program, Vista, California – Ms. Davis provided technical support for the City of Vista's FOG program. She conducted a spatial analysis of past food service establishments (FSE) inspection data to prioritize FSE site inspections and update the City's FSE database.

City of Vista Agua Hedionda Hydromodification Characterization, Vista, California – As a subconsultant supporting the City of Vista, Ms. Davis is assisting in the assessment of stormwater runoff conditions within the City of Vista’s jurisdictional drainage area within the Agua Hedionda watershed. The assessment will also investigate potential hydromodification solutions and provide next-step recommendations.

City of Del Mar Clean Water Program, Del Mar, California – Ms. Davis provides technical support for the City of Del Mar's Clean Water Program. These efforts include assistance with trash compliance, special studies, monitoring programs, and jurisdictional and watershed plan development, implementation, and reporting.

City of Garden Grove Water Quality Management Plan (WQMP) Inventory Management Support, Garden Grove, California — Ms. Davis provided technical support for the City of Garden Grove.

Compliance services included reviewing WQMPs and developing an inspection inventory of associated post-construction BMPs.

San Diego Gas and Electric (SDG&E) Spill Prevention, Control, and Countermeasures (SPCC) Plan Review and Updates, San Diego, California – Ms. Davis provides technical support for SDG&E. Compliance services include (1) review of current SPCCs of seven Construction and Operations (C&O) facilities, (2) site evaluation, (3) determining if each facility qualifies for self-certification or if PE certification is required per Title 40 of the Code of Federal Regulations Part 112 Oil Pollution Prevention, and (4) updating each SPCC plan including appendices and site-specific facility map exhibits.

Additional experience is available upon request.

EDUCATION
M.S. Environmental
Engineering
University of
California, Irvine

B.S. Environmental
Engineering
University of
California, Irvine

REGISTRATION
Engineer-In-Training
State of California
#157545

06/11/2024 C4 75 of 87

Shane Daly
Assistant Scientist
Shane Daly has two years of experience with environmental oversight and implementation focused on the Construction General Permit and MS4 compliance.

Mr. Daly has worked on behalf of the City of Del Mar, the City of Solana Beach, the City of San Diego, and local Utility companies. Mr. Daly has experience in stormwater compliance and monitoring under local and state water quality policies and regulations. This experience and a degree in Environmental Science provide a strong foundation for proficiently investigating and monitoring environmental compliance.

Relevant experience includes:

City of Del Mar Clean Water Program, Del Mar, California - Mr. Daly has provided monitoring and inspection support for managing the City of Del Mar's MS4 compliance through the City’s Clean Water Program. This included monitoring and reporting the City's construction program, residential, commercial, and industrial areas, as well as inspections of the City’s dry weather and coastal outfalls. In addition, Mr. Daly’s responsibilities included responding to the City’s illicit connection and illicit discharge hotline notifications and eliminating discharges to the city’s stormwater conveyance system. During this time, he has met and communicated with construction site supervisors, city staff, and residents to discuss proper stormwater protection measures.

City of Del Mar – Dry Weather Monitoring, Del Mar, California – Mr. Daly assisted in the field-sampling efforts to determine discharge rates, conduct field measurements, collect water quality samples, and record environmental observations in compliance with the MS4 Permit. This program characterized dry- weather water quality flows and conditions at persistently flowing outfalls throughout the city.

Monitoring locations are situated throughout the Los Peñasquitos and San Dieguito watersheds. This program evaluates runoff contributions from municipal, commercial, and residential land uses.

City of Del Mar Fats, Oils, and Grease (FOG) Inspection Program, Del Mar, California – Mr. Daly provides inspections of food service establishments as part of the City of Del Mar's Fats, Oil, and Grease Control Program. His experience includes site evaluations of grease control devices and verification of compliance with the City of Del Mar's municipal code regarding FOG regulations. Mr. Daly initiates site inspections by contacting on-site personnel and documenting inspection results.

City of San Diego Task Order 57 Asset Management GIS Support, San Diego, California - Mr. Daly has assisted with updating the City of San Diego’s storm drain infrastructure in the city’s GIS database by compiling and reviewing as-built drawings.

City of Vista Fats, Oils, and Grease (FOG) Inspection Program, Vista, California - Mr. Daly completes inspections of food service establishments as part of the City of Vista’s Fats, Oil, and Grease (FOG) Control Program. His experience includes site evaluations of grease control devices and verification of compliance with the City of Vista’s municipal code regarding FOG regulations. Mr. Daly initiates site inspections through contact with on-site personnel and documented inspection results through the City of Vista’s data management tool, Cityworks.

Additional experience is available upon request.

EDUCATION
B.S. Environmental
Science: Ecology
California State
University, Chico

CERTIFICATIONS
QSP: #28597
CESSWI: #11335

06/11/2024 C4 76 of 87

Jeff Warner
Senior Scientist
Jeffrey Warner has over 20 years of experience with environmental program oversight and implementation that have focused on the Municipal Stormwater Permit. Mr. Warner has worked extensively for the City of Escondido through all components of the Municipal Stormwater Permit and Construction General Permit.

Mr. Warner has extensive experience in stormwater compliance and monitoring with local, state, and federal water quality policies and regulations. Mr. Warner is proficient in the preparation and review of technical reports and CEQA/NEPA analyses. This experience, combined with a degree in Geography - Natural Resource and Environmental Policy, provides a strong foundation for proficiently managing, implementing, investigating, and monitoring environmental compliance.

Relevant experience includes:

City of Del Mar Clean Water Program, Del Mar, California - Mr. Warner provided monitoring and inspection support for managing the City of Del Mar's JRMP components through the City’s Clean Water Program. This included monitoring and reporting of the City's construction program, residential, commercial, and industrial areas as well as inspections of the City’s dry weather and coastal outfalls. In addition, Mr. Warner’s responsibilities included responding to the City’s illicit connection and illicit discharge hotline notifications and eliminating discharges to the city’s stormwater conveyance system.

During this process, Mr. Warner had constant contact with the City of Del Mar staff and was responsible for issuing Notices of Violations (NOVs) to those who were non-compliant. During this time, he has met and communicated with construction site supervisors, city staff, and residents to discuss proper stormwater protection measures. In addition, Mr. Warner has assisted in developing the City’s JRMP Annual Report and data management.

City of Vista Treatment Control Best Management Practice (TCBMP) Inspection, Vista, California – Mr.

Warner provided oversight and coordinated inspections of more than 200 public and private TCBMPs throughout the City. The project involved the inspection of each BMP to determine and evaluate that the BMPs were functioning per their operation and maintenance (O&M) specifications. Inspections were recorded in Cityworks via a mobile device, as well as individual photo representations of each BMP. All deficient TCBMPs that did not meet their O&M specifications (or were inaccessible) were flagged in Cityworks for follow-up inspections, investigations, and/or notifications.

City of Vista Fats, Oils, and Grease (FOG) Inspection Program, Vista, California - Mr. Warner provided oversight for inspections of food service establishments as part of the City of Vista’s Fats, Oil, and Grease (FOG) Control Program. His experience includes site evaluations of grease control devices and verification of compliance with the City of Vista’s municipal code regarding FOG regulations. Additionally, Mr. Warner provided valuable feedback and has been a resource for City staff in developing a robust FOG program.

City of Vista Dry Weather Monitoring, Vista, California - Mr. Warner directed the field team to determine discharge rates and recording of environmental observations in compliance with the City of Vista’s Jurisdictional Runoff Management Plan (JRMP). This extensive environmental measurement program involves characterizing dry-weather water quality flows and conditions at over 40 locations throughout the city. Monitoring locations span the Carlsbad and San Luis Rey watersheds. Mr. Warner assisted in assessing permit compliance and determined follow-up investigations. This program evaluates persistent or transient runoff flows and sources.

Additional experience is available upon request.

EDUCATION
B.A. Geography:

Natural Resources/
Environmental Policy
San Diego State
University

CERTIFICATIONS
QSP: #27670
QISP: #00452
RWSS: #5533

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Jason DuMond
Associate Scientist
Mr. DuMond has over six years of experience with environmental program oversight and implementation focused on protecting and improving water quality. Mr. DuMond has worked extensively for MOE implementing all components of the Construction General Permit, Municipal Stormwater Permit, and Industrial General Permit, as well as environmental project review and coordination through SDGE. He also has experience enforcing the Commercial Agricultural permit with the San Diego Water Board before MOE. Mr. DuMond has extensive experience in stormwater compliance and monitoring with local, state, and federal water quality policies and regulations. This experience, combined with master’s degrees in Business Administration and Marine Conservation and Policy, provides a strong foundation for proficiently managing, implementing, investigating, and monitoring environmental compliance.

Relevant experience includes:

City of Del Mar Clean Water Program, Del Mar, California – Mr. DuMond provides monitoring and inspection support for managing the City of Del Mar's municipal program components through the Clean Water Program. This includes bimonthly patrols of the City's residential, municipal, commercial, and industrial facilities, residential construction inspections, and inspections and dry weather monitoring of the City’s major and minor outfalls. The field screening of the City’s outfalls includes visual field observations, flow estimations, source investigations, trash assessments, and data tracking and management, including preparing the data for CEDEN submittal. He has also supported the preparation of the WQIP annual report for the San Dieguito and Los Peñasquitos WMAs. In addition, Mr.

DuMond’s responsibilities include responding to the City’s illegal connection and illicit discharge (IC/ID) hotline notifications, source investigations, and eliminating discharges to the City’s stormwater conveyance system.

City of Del Mar Treatment Control Best Management Practice (TCBMP) Inspections, Del Mar, California - Mr. DuMond completes inspections and evaluations of TCBMPs throughout the City to determine whether or not the BMPs are operating effectively. TCBMPs that required maintenance were recommended for a follow-up inspection. He also ensures that homeowners with TCBMPs on their property conduct their annual TCBMP inspection through outreach and education.

City of Del Mar Fats, Oils, and Grease (FOG) Inspection Program, Del Mar, California – Mr. DuMond provides inspections of food service establishments as part of the City of Del Mar's Fats, Oil, and Grease Control Program. His experience includes site evaluations of grease control devices and verification of compliance with the City of Del Mar's municipal code regarding FOG regulations. Mr. DuMond initiates site inspections by contacting on-site personnel and documenting inspection results.

City of Solana Beach Clean Water Program Support, Solana Beach, California – Mr. DuMond assists in the monitoring and investigating aspects of Solana Beach's Clean Water Program. These responsibilities include bimonthly patrols through the City's residential, municipal, commercial, and industrial sites. Mr.

DuMond also responds to runoff reports through the City of Solana Beach's Illicit Discharge Detection and Elimination (IDDE) Program. This experience serves to inspect, investigate, and monitor discharge to the City's stormwater conveyance system.

Additional experience is available upon request.

EDUCATION
M.A. Marine
Conservation and Policy
Stony Brook University -
2018

M.B.A.

University of Rhode
Island – 2017

B.S. Environmental
Science
University of Albany –
2014

CERTIFICATIONS
QSP: #28242
CESSWI: #8127
RWSS: #6177
06/11/2024 C4 78 of 87

Dustin Tran
Assistant Scientist
Mr. Tran is an Environmental Scientist with five years of education in environmental science and management. Mr. Tran has recently begun building stormwater experience through his employment with MOE. During his last year and a half of employment, he has gained experience working with public agencies, including the Cities of San Diego, Vista, Solana Beach, and Del Mar, through his involvement with MOE. Mr. Tran has also had additional opportunities at MOE to participate in various stormwater monitoring and sampling activities within the City of Del Mar, Carlsbad, Solana Beach, and Santa Monica. Mr. Tran has also completed fat, oils, and grease (FOG) inspections for the City of Vista and Solana Beach, providing him with experience working with stormwater municipalities and stakeholders. In addition to experience in the field, Mr. Tran has also developed GIS proficiency while assisting the City of San Diego with stormwater asset management.

Relevant experience includes:

City of Del Mar Clean Water Program, Del Mar, California - Mr. Tran has provided monitoring and inspection support for managing the City of Del Mar's MS4 compliance through the City’s Clean Water Program. This included monitoring and reporting the City's construction program, residential, commercial, and industrial areas, as well as inspections of the City’s dry weather and coastal outfalls. In addition, Mr.

Trans’s responsibilities included responding to the City’s illicit connection and illicit discharge hotline notifications and eliminating discharges to the city’s stormwater conveyance system. During this time, he has met and communicated with construction site supervisors, city staff, and residents to discuss proper stormwater protection measures.

City of Del Mar Fats, Oils, and Grease (FOG) Inspection Program, Del Mar, California – Mr. Tran provides inspections of food service establishments as part of the City of Del Mar's Fats, Oil, and Grease Control Program. His experience includes site evaluations of grease control devices and verification of compliance with the City of Del Mar's municipal code regarding FOG regulations. Mr. Tran initiates site inspections by contacting on-site personnel and documenting inspection results.

City of Solana Beach Fats, Oils, and Grease (FOG) Inspection Program, Solana Beach, California - Mr.

Tran completed inspections of food service establishments as part of the City of Solana Beach’s Fats, Oil, and Grease program. His experience includes site evaluations of grease control devices and verification of compliance with the City of Solana Beach’s municipal code regarding grease and waste discharge regulations. Mr. Tran initiated site inspections by contacting on-site personnel and documenting inspection results.

City of Vista Parcel/Property-Based Inspections, Vista, California – Mr. Tran performs city-wide stormwater site and business inspections of commercial properties for stormwater best management practice compliance. This program involves inspecting commercial properties for their contribution to non-stormwater discharge and evaluating sources of stormwater pollution. Inspections are recorded in Cityworks via a mobile device, and photo documentation is provided for each non-compliant inspection.

All deficient or non-compliant cases are flagged in Cityworks for follow-up inspections, investigations, and/or notifications by City staff.

Additional experience is available upon request.

EDUCATION
M.S. Environmental
Sciences and
Management
California Polytechnic
University, San Luis
Obispo

B.S. Environmental,
Earth and Soil Science
California Polytechnic
University, San Luis
Obispo

CERTIFICATIONS
QSP: #28730
CESSWI: #00012515

06/11/2024 C4 79 of 87

Ellie Deer
Assistant Scientist
Ellie Deer has experience with environmental program implementation of local and state water quality policies related to the Construction General Permit and MS4 Permit. Ms. Deer has worked on behalf of the City of Del Mar, the City of Solana Beach, and the City of San Diego. Additionally, Ms. Deer has experience in conducting and interpreting biological surveys.

Relevant experience includes:

City of Del Mar Clean Water Program, Del Mar, California - Ms. Deer has provided monitoring and inspection support for managing the City of Del Mar's MS4 compliance through the City’s Clean Water Program. This includes monitoring and reporting the City's construction program, residential, commercial, and industrial areas, as well as inspections of the City’s dry weather and coastal outfalls. Additionally, Ms.

Deer assists with the development of GIS applications intended to support data recorded during routine inspections related to this program.

City of Del Mar – Bacteria TMDL Sampling, Del Mar, California – Ms. Deer supports staff in collecting water quality samples for bacteria TMDL, recording field conditions, and conducting field measurements in compliance with the Municipal Permit. This program involves selecting a representative location at the San Dieguito River Mouth for collecting seawater, characterizing the visual properties of the sample, and using and recording certain physical and chemical properties of the samples at the time of sample collection.

City of Del Mar – Dry Weather Monitoring, Del Mar, California – Ms. Deer assists with the field sampling efforts to determine discharge rates, conduct field measurements, collect water quality samples, and record environmental observations in compliance with the MS4 Permit. This program characterized dry- weather water quality flows and conditions at persistently flowing outfalls throughout the city.

Monitoring locations are situated throughout the Los Peñasquitos and San Dieguito watersheds. This program evaluates runoff contributions from municipal, commercial, and residential land uses.

San Diego Gas and Electric (SDG&E) SWPPP and WPCP Implementation, San Diego, California – Ms. Deer is responsible for weekly inspections for stormwater compliance in San Diego County for SDG&E SWPPP and WPCP projects. Duties include CGP inspections, SWPPP updates and reporting, BMP recommendations, and communication with point of contacts to ensure compliance. Assigned projects principally include residential gas-line replacement.

City of San Diego Task Order 57 Asset Management GIS Support, San Diego, California – Ms. Deer has assisted with updating the City of San Diego’s storm drain infrastructure in the city’s GIS database by compiling as-built drawings.

Non-MOE Projects
San Diego Natural History Museum, BioServices, San Diego, California – Ms. Deer provided environmental services through field surveys to determine biological presence and abundance. This included setting up a variety of monitoring equipment related to entomological, mammalian, reptilian, and botanical assessments and subsequent processing of samples for inventory.

Additional experience is available upon request.

EDUCATION
B.S. Environmental
Science
Point Loma Nazarene
University

06/11/2024 C4 80 of 87

Sara Afshar
Associate Scientist
Sara Afshar has over seven years of conducting fieldwork in Earth and Environmental Sciences. She has collected samples for monitoring, research, education, restoration projects, and most recently, at MOE, for municipal and industrial stormwater quality purposes. Ms. Afshar has worked as a staff research associate at Scripps Institution of Oceanography, University of California, San Diego, where she supported laboratory and field operations, sample collection and analysis, and data quality control. In her role at MOE, she supports a variety of stormwater pollution prevention projects in municipal, industrial, and construction permit capacities as well as providing inspection support for San Diego Gas and Electric SWPPP projects.

Relevant experiences include:

City of Del Mar – Visual Outfall Monitoring, Del Mar, California – Ms. Afshar supports staff in conducting and recording field observations and measurements in compliance with the Municipal Permit. This program involves characterizing water flows and conditions at over 60 MS4 structures and conveyances in the City of Del Mar. Ms. Afshar monitors locations situated throughout the Los Peñasquitos and San Dieguito watersheds. This program evaluates runoff contributions from municipal, commercial, and residential land uses.

City of Del Mar – Bacteria TMDL Sampling, Del Mar, California – Ms. Afshar supports staff in collecting water quality samples for bacteria TMDL, recording field conditions, and conducting field measurements in compliance with the Municipal Permit. This program involves selecting a representative location at the San Dieguito River Mouth for collecting seawater, characterizing the visual properties of the sample, and using and recording certain physical and chemical properties of the samples at the time of sample collection. Ms. Afshar also maintains, calibrates and ensures the reliable performance of a multi- parameter probe and a turbidity meter that are utilized in this effort.

City of Vista Parcel/Property-Based Inspections, Vista, California – Ms. Afshar performs city-wide stormwater site and business inspections of commercial properties for stormwater best management practice compliance. This program involves inspecting commercial properties for their contribution to non-stormwater discharge and evaluating sources of stormwater pollution. Inspections are recorded in Cityworks via a mobile device, and photo documentation is provided for each non-compliant inspection.

All deficient or non-compliant cases are flagged in Cityworks for follow-up inspections, investigations, and/or notifications by City staff.

City of Solana Beach Storm Water Program Support, Solana Beach, California – Ms. Afshar performs city- wide inspections for stormwater pollutants. This program involves inspecting residential and commercial properties for their contribution to non-stormwater discharge and investigating and evaluating sources of discharge and pollution to the MS4. Duties include existing development patrol, illicit discharge investigation, and follow-up coordination. Inspections are recorded in an online observation form and include photo documentation of inspections. This program also involves educating property owners, managers, and residents on preventing stormwater pollution and eliminating their contribution to the municipal stormwater system.

Additional experience is available upon request.

EDUCATION
M.S. Geology
California State
University, Long
Beach

CERTIFICATION
QSP: #28738

06/11/2024 C4 81 of 87

Shiva Chemburkar
Assistant Scientist
Shiva Chemburkar has over three years of professional experience with environmental oversight and implementation, environmental remediation, construction safety oversight, environmental policy, and environmental monitoring.

His experience at ERM involved assisting various stakeholders with achieving compliance with ESLs/RSLs, safety standards, remediation planning, and environmental monitoring. Stakeholders involved were typically landowners, injection and drilling subcontractors, waterboard members, and city inspectors. With his current experience at MOE, Mr. Chemburkar has worked on behalf of various San Diego county municipalities, including the cities of Del Mar, Solana Beach, and San Diego. He also has experience in stormwater compliance and monitoring under local and state water quality policies and regulations. These experiences and an Environmental Earth and Soil Science degree provide a strong foundation for proficiently investigating and monitoring environmental compliance.

Relevant experience includes:

City of Del Mar Clean Water Program, Del Mar, California - Mr. Chemburkar helps the City of Del Mar maintain MS4 compliance through Del Mar’s Clean Water Program by providing monitoring and inspection services for active residential construction sites. This entails conducting weather-triggered inspections prior to and following rainfall events for qualifying storm events, as well as monthly and bi- monthly inspections of the same sites during dry weather conditions. Following inspections, he coordinates with the construction lead of each site on necessary improvements and keeps a record of his findings. Mr. Chemburkar also inspects the city’s dry weather and coastal outfalls. Moreover, he is tasked with promptly addressing notifications from the City's illicit connection and illicit discharge hotline, ensuring the elimination of discharges into the city's stormwater conveyance system. Throughout this process, he actively engages with construction site supervisors, city personnel, and residents to facilitate discussions on implementing effective stormwater protection measures.

TMDL Compliance Monitoring, Del Mar, California - Mr. Chemburkar provides support in gathering dry and wet weather grab samples. The analytes being tested include total coliform, fecal coliform, and enterococcus, along with field measurements for conductivity, pH, temperature, DO, and turbidity.

Samples are collected and transported to a neutral area for hand-off.

City of Solana Beach Construction Inspections, Solana Beach, California - Mr. Chemburkar provides inspections of residential construction sites as part of the City of Solana Beach’s JRMP (Jurisdictional Runoff Management Program) requirements. He is responsible for recording inspection observations, coordinating with contractors at active construction sites, performing follow-up inspections to ensure compliance, and enforcing violations when required.

San Diego Gas and Electric (SDG&E), Environmental Review, San Diego, California - Mr. Chemburkar assists SDG&E with stormwater-related environmental reviews and project coordination. In the environmental review process, MOE advises SDG&E on the type of stormwater permit required for their proposed projects and the associated coverage needed via inspectors. This helps them select a stormwater consultant through the creation of cost estimate requests. Mr. Chemburkar assists in finding any missing information needed for this selection by contacting the submitters of the proposed project or within SDGE’s database.

Additional experience is available upon request.

EDUCATION
B.S. Environmental
Earth and Soil
Science
California Polytechnic
State University – San
Luis Obispo

06/11/2024 C4 82 of 87

00069720 2 Exhibit C, Page 1 of 3
4856-0555-6923, v. 2

EXHIBIT C

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 06/11/2024 C4 83 of 87

00069720 2 Exhibit C, Page 2 of 3
4856-0555-6923, v. 2
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.