HomeMy WebLinkAboutAGENDA REPORT 2016 0120 CCSA REG ITEM 10H ITEM 10.H.
Cid OF MOORPARK,CALIFORNIA
City Councii Meeting
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ACTION:
MOORPARK CITY COUNCIL BY:
AGENDA REPORT
TO: Honorable City Council
FROM: Ron Coons, Interim Public Works Director
Prepared by: Shaun Kroes, Program Manager,"
DATE: January 8, 2016 (CC Meeting of 01/20/16)
SUBJECT: Consider Agreement with RJR Engineering Group, LLC, for
Implementation of a Post Construction Best Management Practices
(BMP) Program
BACKGROUND/DISCUSSION
The City of Moorpark is regulated by the Los Angeles Regional Water Quality Control
Board (RWQCB) Municipal Storm Water National Pollutant Discharge Elimination
System (NPDES) Permit 10-0108 (Permit). The current Permit (as well as previously
approved permits) requires that specific development projects include post-construction
best management practices (BMPs). As the City prepares for the renewal of the Permit
in 2016, continued requirements for post-construction BMPs are expected. Staff
provided a scope of work and received a proposal from RJR Engineering Group, LLC
(the City's current consultant for engineering services) to improve the existing post-
construction BMP monitoring program. Improvements include but are not limited to:
review all historical documents to identify approved BMPs; develop a database of all
post-construction BMPs; inspect BMPs to confirm their effectiveness/existence;
establish a GIS layer of post-construction BMPs; and update the City's forms,
covenants, and recommended fees for future use by the City for all future projects in
the City. In addition, RJR staff has the ability to coordinate and attend pertinent County
meetings related to the Permit, if requested.
RJR's services for the services as described above will take the place of approximately
140 to 200 hours of City staff time (approximately $18,900 to $27,000) and enable staff
to devote time to other projects, such as construction improvements to the Metrolink
North and South Parking Lots, the stormwater renewal process, and the Total Maximum
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S:\Public Works\Everyone\Reports\Staff Reports\2016\1_January\01-20-16(Post Construction BMP Tracking System).doc
Honorable City Council
January 20, 2016
Page 2
Daily Load (TMDL) Implementation Plan, which is being worked on in coordination with
the Calleguas Creek Watershed TMDL Program.
FISCAL IMPACT
RJR's proposal is for $20,201.28. The draft agreement includes a 10% contingency of
$2,020.13, for a total not to exceed amount of $22,221.41. The contingency is primarily
intended to be used in the event that RJR staff is needed at specific meetings involving
the County and/or the RWQCB. The Agreement will be paid for with General Fund
(1000) money included in the NPDES Budget from a combination of $10,000.00 included
in the FY 2015/16 Budget for "Miscellenous Stormwater Projects" and savings in the FY
15/16 Calleguas Creek TMDL monitoring program ($18,963.00 total savings). Future
year costs, if any, will be significantly lower as the majority of this project's costs are
associated with compiling past information. The completed project will establish a more
defined program for the City to follow for future BMP tracking.
STAFF RECOMMENDATION
Award Professional Services Agreement to RJR Engineering Group, LLC, and authorize
the City Manager to execute the Agreement in the amount of $20,201.28 with a
contingency of $2,020.13 for a total not to exceed amount of $22,221.41, subject to final
language approval by the City Manager and City Attorney.
Attachment: Agreement
521
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND RJR ENGINEERING GROUP, LLC
FOR POST CONSTRUCTION BEST MANAGEMENT PRACTICES PROGRAM
THIS AGREEMENT, is made and effective as of this day of
_______ , 2016, between the City of Moorpark, a municipal corporation ("City")
and RJR Engineering Group, LLC, a limited liability company ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for professional services relating to developing a
post construction best management practices (BMP) program; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated November 29,
2015, which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to December 31,
2016, unless this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide post construction BMP program development services,
as set forth in Exhibit C. In the event there is a conflict between the provisions of Exhibit
C and this Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C.
Consultant shall complete the tasks according to the schedule of performance which is
also. set forth in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of twenty thousand two hundred one dollars and twenty-eight cents ($20,201.28),
plus a ten percent (10%) contingency in the amount of two thousand twenty dollars and
thirteen cents ($2,020.13) for a total contract value of twenty-two thousand two hundred
twenty-one dollars and forty-one cents ($22,221.41) without a written Amendment to the
Agreement executed by both parties. Payment by City to Consultant shall be in
accordance with the provisions of this Agreement.
522
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Robert Anderson, and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to .
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit C, based upon
actual time spent on the above tasks. This amount shall not exceed a total contract
value of twenty thousand two hundred one dollars and twenty-eight cents ($20,201.28),
plus a ten percent (10%) contingency in the amount of two thousand twenty dollars and
thirteen cents ($2,020.13) for a total contract value of twenty-two thousand two hundred
twenty-one dollars and forty-one cents ($22,221.41) for the total term of the Agreement
unless additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSUL TANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred twenty-five dollars ($125.00) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Consultant
under the terms of this Agreement. Progress payments made by the City after the
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above specified completion date shall not constitute a waiver of liquidated damages by
the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels' fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability. (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsels' fees
and costs, court costs, interest, defense costs, and expert witness fees), where the
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same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or agency
for which Consultant is legally liable, including but not limited to officers, agents,
employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with prov1s1ons
identical to those set forth here in this Section from each and every subconsultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The perso1:mel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the.Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
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13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
The Consultant shall have responsibility for compliance with this Section [Labor Code
Section 1735].
15. UNDUEINFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
· public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
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17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Robert Anderson
RJR Engineering Group, LLC
3500 Camino Avenue, Unit 200
Oxnard, California 93030
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
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20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including ·attorneys' fees, from the losing party, .and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
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26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any prov1s1on of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf.of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK RJR ENGINEERING GROUP, LLC
By: _____________ _ By: ____________ _
Steven Kueny, City Manager Robert Anderson, Principal Engineer
Attest:
Maureen Benson, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, error or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of' the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
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payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A-or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called ''third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
· entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
RJR Engineering Group, LLC Page 13of16 534
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to ·
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
-
RJR Engineering Group, LLC Page 14 of 16 535
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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Exhibit 8
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code §7550) applies. Government Code §7550 reads:
"(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports."
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
X Yes D No
If yes, then the following information must be provided in compliance with
Government Code§ 7550:
1. Dollar amount of Agreement/Contract: $ 22.221.41
2. Dollar amount of Subcontract: $ ------
3. Does the total contract amount represent compensation for multiple
documents or written reports? X Yes D No
I have read the foregoing Code section and will comply with Government Code §7550.
RJR Engineering Group, LLC
Robert Anderson, Principal Engineer Date
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Exhibit C
Land Development & Planning
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
Attention: Mr. Shaun Kroes
Subject: POST CONSTRUCTION BMP'S
CITY OF MOORPARK NPDES STORMWATER
Dear Mr. Kroes:
Storm Water Management & Engineering
Hydrology/ Flood Control
Soil BioEngineering & Stream Restoration
Airport Engineering Design & Support
Public Agency/ Municipality Consultant
Rev.: November 29, 2015
PPN 15-1685C
· RJR Engineering Group (RJR) has prepared this letter to address the RFP for Post Construction
Program for the City of Moorpark.
1.0. SCOPE OF WORK
RJR proposes the following scope of work:
Task 1.1. -Compile Available Records
RJR will acquire and compile available information, which includes:
a. Existing storm drain GIS files from the City and the County that are within and
immediately adjacent to the City.
b. Existing storm drain plans from the City that were recently scanned
c. Interview staff and research City and RJR files to compile all post construction BMP's and
basins.
d. Research and compile all existing post-construction BMP's and basins that contribute to
water quality. This will include compiling all covenants and O&M manuals.
3500 Camino Avenue, Suite 200 I Oxnard, CA 93030 I p: 805.485.3935 I f: 805.485.6496
Malibu p: 310.456.9085 I San Luis Obispo p: 805.596.0216 I Lake Tahoe/ Sacramento p: 530.888. 7356 I www.rjreng.!'.f3 8
City of Moorpark NPOES Post Construction Services
Report for Professional Consulting Services
Task 1.2. Perform an Outreach Reconnaissance
a) Perform an ORI in accordance with IDDE requirements in conformance with Center for
Watershed Protection.
b) RJR will note and record all industrial and miscellaneous outlets.
c) Inspections will be on the appropriate forms and include photograph documentation.
d) RJR will also verify the storm drain conditions for purposes of the any future Master
Drainage Study and CIP program.
Task 1.3. Field Documentation and Review all Post Construction BMP'S
a) RJR will conduct a field reconnaissance to review all post-construction BMP's. We
estimate there are approximately 12 to 15 sites/projects (tracts, basins, commercial
locations, etc.).
b) RJR will photograph and document the current as-built condition.
Task 1.4. Create Master Database
a) RJR will compile information from Tasks 1.1 through 1.3 into a master database for
future updates and tracking.
b) RJR will coordinate and review the various reference fields with City staff.
Task 1.5. Create and Update GIS Layers and Shape Files
RJR will input all post construction BMP's into the GIS files based on Task 1.4 database. This will
include all O&M records, covenants, photographs, and other related documents.
Task 1.6. Plan Check and Development Protocol
RJR will develop and update the necessary forms, covenants, and recommended fees for future
use by the City, for all future post construction BMP's for future projects in the City. In this
manner, this protocol will be used to be integrated with Tasks 1.1. through 1.5.
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Note: Unless otherwise noted, all BMP designs will be based on Ventura County Technical
Stormwater Guide.
Task A -Ventura County Permit Meetings and Update (Optional)
2.0. FEE ESTIMATES
Task 1.1. -Compile Available Records
Hours:
Rate:
Task Total:
40
$114.78
$ 4,591.20
Task 1.2. Perform an Outreach Reconnaissance
Hours:
Rate:
Task Total:
16
$114.78
$ 1,836.48
Task 1.3. Field Documentation and Review all Post Construction BMP'S
Hours:
Rate:
Task Total:
16
$114.78
$ 1,836.48
Task 1.4. Create Master Database
Hours:
Rate:
Task Total:
40
$114.78
$ 4,591.20
Task 1.5. Create and Update GIS Layers and Shape Files
Hours:
Rate:
Task Total:
40
$114.78.
$ 4,591.20
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Task 1.6. Plan Check and Development Protocol
Hours:
Rate:
Task Total:
24
$114.78
$ 2,754.72
Total: $ 201201.28
Task A -Ventura County Permit Meetings and Update (Optional)
RJR can provide a technical expert to coordinate and attend pertinent County meetings related
to the permit, to exclusively represent the City of Moorpark. Since RJR understands and has 6
years of experience with the City and various inner workings, developments, and the setting,
we are uniquely qualified to represent the City and their interests.
RJR will provide a technical expert at an hourly rate of $114.78. We estimate the meetings and
permit review time will be on the order of 40 to 60 hours over the next year.
3.0. TIME LINES AND SCHEDULING
RJR estimates this scope of work will take approximately 3 to 4 months.
4.0. REQUIRED INFORMATION FROM THE CITY
The City will provide a copy of all plans, reports, and specifications, as well as, GIS records. RJR
will contact and coordinate with the County for storm drain layers.
RJR will need to coordinate with the City GIS expert for the information and standards.
RJR has Lidar information for survey information already from the County.
5.0. DELIVERABLES
RJR will provide all forms, reports, photographs and related information for City reference in
PDF or Word (.docx). In addition, RJR will provide all GIS layers in a format compatible with the
City current GIS.
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6.0. AUTHORIZATION
RJR will initiate work upon execution and receipt of a City ASA.
If you have any questions please do not hesitate to give us a call at (805) 485.3935.
Sincerely,
RJR ENGINEERING GROUP
Robert W. Anderson, N.S.P.E., R.C.E., Juris Doctorate
Industrial & Construction Trainer of Record I QISP I Compliance Group Leader
Arizona: RCE 51923
HawaiiRCE 14230
Nevada PE 22968
Washington PE 47559 South Dakota PEI 1546 Colorado PE 44734
Oregon RCE 84690 North Dakota PE 8252 New York PE 92272
California RCE 58383
Certified CPESC #6840 & Instructor
California Certified QSP/QSD #21902 &
·Trainer of Record (ToR) -CGP and IGP
Certified CISEC #1137
Certified CESSWI #3270 & Trainer
Certified CPSWQ #0920 & Trainer
Certified CMS4S #0223 & Trainer
Certified Stormwater Manager (APWA)
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STATEMENT OF QUALIFICATIONS
General Description of Firm's Capabilities and Experience for Stormwater Projects
The following provides a brief synopsis of RJR's municipal and private experience with
stormwater. More detailed project experience and references can be provided upon request.
City of Calabasas: RJR has been the Civil Engineer, Geology, Geotechnical Engineer,
Stormwater, and Land Survey reviewer, Public Works Inspection, as well as, providing
engineering design for Capital Improvement and Public Works projects for the City of Calabasas
since 2003. RJR performed Local Plans and SWPPP reviews and in-construction observations, as
well as design and construction observations and implementation for Capital Improvement
Projects from 2003 thru the present for residential and commercial developments. Other
related services have included stormdrain and outfall mapping, GIS, wet and dry weather
assessments, BMP designs and observations, IDDE, and LID/post construction design and
implementation. RJR has developed construction standards, notes, details, and construction
standards, education, and outreach programs. RJR has provided City staff (Public Works and
Building and Safety) training for various stormwater programs.
City of Moorpark: RJR has been the Civil and Geotechnical Engineer, field NPDES construction
related stormwater review and inspection, Public Works Inspection, and provide engineering
design for Capital Improvement and Public Works projects for the City of Moorpark since 2009.
RJR has been performing regular reviews of SWPPP and Local Plans, as well as LID and retrofit
designs as the plan check Consulting City Reviewers for Land Development, as well as providing
Capital Improvement designs and construction observations and implementation, as well as
commercial and industrial projects from 2009 thru the present.
City of Santa Paula: RJR has provided consultant, plan check, and construction observations
for SWPPP and local plan implementation on various Capital Improvement projects since 2009
thru the present. RJR was recently provided a three (3) year Master Agreement. RJR has
provided City staff (Public Works and Building and Safety) training for various stormwater
programs.
City of Thousand Oaks: RJR has provided consultant, plan check, and construction
observations for SWPPP and local plan implementation on various Capital Improvement
projects since 2009 thru the present. RJR was recently provided a three (3) year Master
Agreement.
City of Ventura: RJR was recently awarded a a three (3) year Master Agreement which will
include plan check services for civil engineering and stormwater review.
County of Ventura: RJR provided geotechnical, geology and civil engineering plan check and
design services from 1995 to 2005. RJR performed reviews and inspections for the County from
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City of Moorpark NPDES Post Construction Services
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1995 to 2005 reviewing and inspecting "Erosion Control Plans" and HECO plans for land
development projects. Consulting activities included assistance in stormwater technical
standards and development of the General Plan Technical Appendices, and establishment of
GIS hazards maps. Other related services have included stormdrain and outfall mapping, GIS,
wet and dry weather assessments, and BMP designs from 2000 to 2005. RJR has provided
various County staff training for various stormwater programs.
Private Land Development Projects: RJR has provided erosion and sediment control designs,
stormwater quality testing, stormwater modeling, infiltration, filtering, and other related BM P's
for over 2,500 projects over the past 23 years for custom single family, residential tract,
commercial, industrial, and institutional projects. RJR was implementing permeable pavers,
biofiltration systems, and other related LID type designs for over 20 years. This has included
but not limited to over 500 projects for various private residential developments and tracts,
Pepperdine University, UC Santa Barbara, various City and County green streets, and numerous
locations for the Gas Company.
Specific NPDES MS4 Phase I and Phase II Experience
RJR has extensive Phase I and Phase II experience on a wide variety of municipal and private
sector projects. In some cases, project or· project experience was performed by RJR staff
working for municipalities or as sub-consultants on various projects. RJR initial experience in
the NPDES sector was related to private land development and commercial/industrial sectors
and expanded with the municipal work. This experience has expanded as RJR has grown in
various sectors and geographic areas.
PHASE I MS4 PROGRAM EXPERIENCE: RJR has worked on and/or assisted with Phase I MS4
programs (municipal and industrial) in Southern California (Los Angeles, Long Beach, San
Bernardino, Riverside, San Diego, and Ventura), as well as, Arizona (Phoenix, Tucson, and
Scottsdale) and Nevada since 2000. Experience has been both working for municipalities and
the private sector. The work on Phase 1 projects included:
1) Delineated watersheds and developed SWMP reports. This included mapping the
tributary area and delineating all other MS4 drainages. These studies initially consisted of
HEC-1 and later HEC-HMS modeling for watershed development of pre-existing and then
interim and future build-out conditions. The study then performed analysis and delineating
Waters of the US with modeling of HECRAS water surface analysis and sediment transport.
Independent sediment loading was assessed with WMS and TRSS modeling.
2) Extensive stormwater and non-stormwater sampling to assess pollutants of interest.
Assisted with reports that established criteria for administration, implementation, and
enforcement of the Urban Runoff Plans. RJR also developed criteria for which Permittees had
maintenance responsibilities for various facilities.
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3) Studies were performed to define and delineate which Permittees within the program
had authority to regulate and/or discharge particular pollutants.
4) Certain permits required that the Permittees have implemented programs to control
litter, trash, and other anthropogenic-sourced materials from Urban Runoff. Worked on
establishing a program prohibiting littering and continuing to organize and implement
programs to reduce litter and Illegal Discharges (IDs), such as solid waste collection programs,
Household Hazardous Waste (HHW) collections, Hazardous Material spill response, catch
basin cleaning, street sweeping, and recycling programs.
S} Developed programs to mitigate the urban development under the Phase 1 definitions
which included the mitigation of impervious surfaces such as paved highways, streets,
rooftops, and parking lots with flood control measures and detention ponds, but developed
BMP measures for implementation by the Permittees to mitigate vehicle maintenance and
wastes, increased municipal sewage, pesticides, HHW, pet wastes, trash, etc., which may
either be washed into or directly dumped into the MS4 or from the MS4 regulated waters
into waters of the U.S.
6) Performed a series of studies of receiving water conditions to assess concentration of
Pollutants as part of baseline studies. The studies were targeted to prevent attainment of
applicable Receiving Water Quality Objectives (WQO) and ensure the designated Beneficial
Use(s) were obtained.
7) Set up regular program(s} in various MS4 programs to collect wet and dry weather data
to characterize discharges and assess improvement or degradation in water quality.
8) Established programs or undertook existing programs to collect data from MS4 outfalls
and receiving raters during daylight working hours of wet weather events. Data was collected
for the ultimate purpose of characterizing Urban Runoff discharges, effectiveness of
implemented BMPs, and determining the impacts of those discharges on receiving waters,
where applicable and feasible.
PHASE II MS4 PROGRAM EXPERIENCE: RJR have been involved in the establishment and/or
managing of the Phase II MS4 programs for municipal, industrial and small MS4 programs and
setting up Storm Water Management Plans since 2003. Tasks have included initial setup,
working with the permittees and local water boards in California, Arizona, Nevada. This has
included assisting in establishing the permits, working on MCM, program evaluations, grant
writing and funding, annual reports, and audit preparation. Some of the individual tasks and
experience includes but not limited to the following tasks and experience:
Organize and Promote Public Outreach and Education Programs: Organized, assisted, and
conducted outreach and education programs for various City's, stakeholders, associated
agencies, citizen groups, and individuals as part of various Phase II programs. These services
also included assembling various brochures, flyers recreation guides, storm drain stenciling
program, mascot and drawing competitions amongst the local schools, posters for local
businesses and buses, and magnet. I am currently putting together educational kiosks along
bike and hiking trails that includes education signage and posters along rivers and creeks on
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City of Moorpark NPDES Post Construction Services
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various aspects of stormwater pollution and the importance of watershed management
elements.
Public Participation/Involvement: Under the direction of Mr. Anderson and Mr. Hajas, RJR has
worked and coordinated with various permittees, as well as, chaired a series of public and
municipal task forces that provided input to the Water Board and Permittees for additional
information, educational materials, and differing points of view for stormwater management
policies and plans. This experience included various presentations/lectures, town hall I round
table presentations, educational seminars and organized pubic task forces. This included
promoting partnerships and meetings to share ideas on public outreach and public participating
amongst the MS4 communities and stakeholders. Worked with the technical groups, various
task forces, and permittees to establish measurable goals for various program facets. This
included cigarette butts, oil disposal, pet clean up, chemical and household waste. A part of
this program consisted of ensuring a heightened educational awareness by presenting
workshops and lectures at various businesses, Cities, schools, news paper ads, and community
gatherings including the local fairgrounds and sporting events. Responsible or assisted in
training of permittee and co-permittee staff and education of developers/engineers submitting
SUSMP plans. Training for co-permittee staff focused on specific topics such as employing
better site design techniques, identifying source controls, and selecting the most effective
treatment controls for the targeted pollutants. Trained or set up programs for field staff to
receive training on source and treatment control BMP installation and maintenance.
Mr. Anderson has served as a chair and leader in educating and training local groups, including
working with a private non-profit group from UCLA and postdoc students. that performed a
series of independent to assess various water quality parameters. This program provided
education and guidance on water sampling procedures, GIS mapping, testing suites, data
analysis, and result presentation.
Illicit Discharge Detection Elimination Programs: RJR under the direction of Mr. Anderson and
Mr. Aguilar have provided management and oversight of establishing, expansion, correction,
and maintaining the IDDE programs for various Phase II permittees. This work has included
master drainage studies that consisted of mapping the watershed and tributary areas (field
mapping, compilation of as-built records, and HEC-HMS modeling), computer modeling for
water surface profiles, (HECRAS) and input into a GIS system(s) for the main system and all
outlets pipes and channels. These studies included as-built, field mapping, photographing, and
measurements of all connections, as well as, classification of each connection. These layers
also included GIS delineation of waters of the US that were not subject to MS4 regulations.
Performed and supervised extensive stormwater and non-stormwater sampling, testing, and
analysis of discharges in the various MS4 watershed. These studies included detailed statistical
analysis and reporting of the results. Prepared quarterly and/or annual reports (depending on
jurisdiction) of the results. Established standardized field assessment and observation forms,
standard public reporting forms, forensic reporting forms, performed detailed investigations of
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the more significant I egregious discharges, and served as an expert witness in conjunction with
County Counsel and the District Attorney's office to prosecute offenders on admin, civil, and/or
criminal cases.
Construction Site Runoff Control: Assisted with preparation of County or local (City) ordinances
for stormwater measures during construction that were covered under the GCP and non-
covered activities. Prepared technical manuals and/or participated on committees and
technical advisory groups, which included acting as the chairman or lead editor, in regards to
requirements for SWMP, SUSMP, SWPPP, and LID requirements. Estabnshed report framework
and guidelines, established requirements, standard specifications, details, and worksheets to
address construction site runoff structural and non-structural BMP's to be implemented during
construction activities. Established plan check checklists, fee schedules, bonding requirements,
and inspection fees and requirements. Assisted various City's with requirements for reducing
and eliminating discharge of pollutants in various applications. This included programs, trash
racks, traps, and other measures to provide measureable goals for various types of pollutants
including trash, debris, floatables, etc. Retrofitting of particular urban areas and roadways to
reduce pollutants, especially targeting nutrients and hydrocarbons. Performed detailed
analysis, design, and report preparation (E&SP, SWPPP, USMP, JUSMP, SWMP, and SUSMP) of
structural and non-structural BMP measures for Capital Improvement Projects (including
numerous linear projects), spreading basins to address bacteria and nutrients with regional
mitigation affects to address the multi-use benefits for flood control and recreation,
commercial and industrial complexes, damns, bridges, and re-development projects. Other
associated projects included landfills, sewer treatment plans, water stations, and transfer
stations. General studies also included computer modeling to assess the appropriate measures
using STEPL, WMS, and Sedcad.
Performed detailed water quality studies to assess impacts of landfills, septic systems, and
watershed management studies. Performed water quality studies and designed control
measures for golf courses, recreation areas, stream restoration, and residential developments
in ESHA areas, with detailed statistical analyses to measure annual results. Performed and
assisted with TMDL studies for numerous watersheds to assess impairments. Detailed data
collection and analysis were performed to assess various components, including adjacent land
use, soil type, geology, stressor identification, and other parameters in accordance with EPA
guidelines for TMDLs using SWMMM modeling. Studies included Nutrients (Nitrogen and
Phosphorous), Bacteria (E. Coli and Fecal Coliform), Sediment (TSS and turbidity), Temperature,
and Dissolved Oxygen. Performed detailed modeling for mitigation of creeks and watershed
management plans to correct impairments. This has included use of WMS, which provides
interface use of HEC-HMS, TR-55, TR-20, Rational, NFF, HMS, MODRAT, as well as, SWMMM
interface and spatially distributed model, GSSHA (formerly CASC2D) and also interface with
HEC-RAS 4.0. These studies then provided the use of non-structural and structural control
measurements to remediate impairments to the maximum extent practicable.
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Post-Construction Runoff Control: RJR staff has extensive experience revising or participating
with several City (permittees) local permits to incorporate post-construction and LID
requirements, as well as, training staff based on our extensive design experience for the past 20
years in these BMP/LID measures. Prepared technical manuals and/or participated on
committees and technical advisory groups, which included acting as the chairman or lead
editor, in regards to design, analysis, implementation and construction specifications of post-
construction BMP's and/or LID requirements to target pollutants of concern for specific land
use(s) to the MEP. Established report framework and guidelines, design procedures,
established requirements, standard specifications, details, and worksheets for post-
construction BM P's. Established plancheck checklists, fee schedules, bonding requirements, and
inspection fees and requirements. Prepared guidelines or frameworks for covenants,
easements, landscape maintenance districts (LMD's) or back up LMD's, and guidelines for
Operation and Maintenance manuals for post-construction BMP's. Performed detailed
analysis, design, calculations, plans, exhibits, operation and maintenance manuals, LMD's for
the HOA or City oversight, and report preparation for post-construction BMP measures for
various single-family residences, multi-family residences, small to large tracts, as well as,
commercial, retail and residential developments, retro-fits, re-developments. These measures
included non-structural and structural BMP's, typically consisting of a series of measures to
target pollutants of concerns. These measures have been limited to measures that are typically
associated with arid and semi-arid regions given the work experience. The various types of
BMPs' including pervious pavers and other infiltration methods, bioswales/bioretention, grass
swales, filter strips, dry wells, various wetland designs, etc., are methods and controls that I
have been designing and implementing in Malibu, Santa Barbara, Monterey, and San Luis
Obispo Counties for nearly 20 years.
Pollution Prevention/Good Housekeeping: Develop and implement an operation and
maintenance program with the ultimate goal of preventing or reducing pollutant runoff from
municipal operations into the storm sewer system. Conducted several training seminars for
industrial and municipal permitees, and several developers field staff on how to incorporate
pollution prevention/good housekeeping techniques into municipal operations, fleet and
building maintenance, non-structural controls to reduce trash, sediment, and debris, as well as,
operations and procedures for new construction and land disturbances, and stormwater system
maintenance.
Program Evaluation and Audits: I have worked with numerous permittees to perform
evaluations for use to evaluate the quality of Phase I and Phase II MS4 programs, for permit
compliance, and technical assistance. RJR has also participated in several site audit simulations
and evaluations for various municipal and industrial facilities.
Typical Stormwater Design Proiects
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RJR has performed over 500 projects involving hydrology, wetland mitigation, stream bank
restoration, flood control, stormwater quality or management, and other related issues for
residential, tract and commercial developments throughout California for private development
projects and various City and County agencies.
Malibu Country Club Re-Development, Malibu, County of Los Angeles, California; RJR
performed civil and geotechnical studies for the re-development of the Malibu Country club
including detailed improvement plans for the golf course re-design, over 200 homes, golf
course facilities, and hotel. This work included addressing multiple stormwater pollutants from
the golf course and associated improvements. Work involved extensive water sampling of the
existing on-site ponds, and stream flow in the upper Trancas Creek. RJR's work involved
hydraulic modeling of the watershed; sample collection; data assessment; assessment of
feasibility of implementing BM P's in sites identified; surveys to assess retrofit opportunity, and
economic screening of the various options. Based on
the initial screening, RJR performed detailed WMS
modeling in an effort to assess the effectiveness of
the BMPs. Site were then investigated and BMPs
were designed; a cost analysis; operation and
maintenance assessment; pollutant load reduction
analysis, and a prioritization of the locations. RJR
then eval~ated the downstream I offsite locations in
conjunction with studies being performed by
Pepperdine to evaluate retrofit opportunities. The
on-site and off-site locations were required to treat
high nutrient and pathogen levels. In addition, stream
bank restoration designs and considerations were required due to slope . instability. RJR
developed and a treatment train, consisting of a hybrid of various BMPs, in most locations due
to a number of limitations.
Whitewater River Riverine Infiltration Basins -Feasibility Study, County of Riverside and City
of Cathedral City, California; RJR has designed a series of
regional infiltration/spreading basins Jn the future annexed
area of the City of Cathedral City, as well as, implemented
other treatment sites for the project. These improvements
have been incorporated into the design of the 586 acres
master plan development, and will consist of construction of a
series of forebays and then infiltration basins that will
intercept the alluvial and riverine flows. The comprehensive
strategy provides several regional multi-beneficial uses. The
proposed development will consist of over 1,500 residential
units; 2 million square feet of commercial and industrial;
restaurants, and a hotel. RJR has performed extensive desktop
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and field surveys; reviewed aerial photographs; HEC-HMS and HECRAS modeling; as well as,
assisted in the environmental assessments. RJR then prioritized sites; performed detailed data
analysis; evaluated available BMPs and LID elements; performed a detailed water quality
benefit analysis for various sites based on the intended land use; feasibility analysis of each
BMP; pollutant load reduction; and life cycle cost analysis. All modeling was performed in
WMS. RJR created a priority list of BMP and LID measures. Based on a detailed analysis,
project demands, and existing flow paths, various measures were implemented into the project
master plan.
Pepperdine University, Malibu, California: At the current time, RJR is providing QSD and QSD
services, as well as, evaluating campus wide policies.
RJR provides civil engineering services on various
aspects for the campus and associated projects
including the current Campus Life Project (Campus
Re-design), Firestone Field House, Pool, and Seaver
Turn around which RJR was appointed to take the
lead on various engineering and processing thru the
\,
County of Los Angeles including some innovative LID
designs because of unique and challenging geologic
and groundwater conditions. RJR has provided
SUSMP analysis, calculations, and plans for the
Campus Master Program. RJR is currently providing
SWPPP reports as the QSP/QSD for several Campus
projects. RJR has also responded to several waste
spills, EPA and Regional Board inspections and audits,
and provided stormwater quality testing and monitoring
for the surrounding drainages.
Additional Representative Projects:
o Canyon Oaks Mitigation Restoration and
Bioengineering Enhancement
o Avila Bay Watershed Enhanced Watershed
Management Project
o Runkel Dam BMP Retrofit and Bypass Project
o Sycamore Canyon Slope Restoration
o Trancas Creek Streambank and BMP Retrofit
o San Simeon Creek Stream Stabilization and Wetland
Enhancement
o Medea Creek Bioengineering Streambank Stabilization
o Lower Malibu Creek Water Quality Testing and Analysis
o Lower Las Virgenes Creek Streambank Enhancement and Water Quality Assessments (Shea
Homes)
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o City of Calabasas General Plan Technical Section Water Quality
o County of Ventura General Plan Hazard
o City of Calabasas Storm Drain System and GIS
Input
o City of Calabasas Outlet Mapping and GIS
Management
o Over 75 projects with FEMA coordination for the
revised DFIRMS
o Las Virgenes Creek Floodplain Modeling
o Las Virgenes Creek WMS Modeling
o City of Calabasas and Moorpark Stormwater
Management and SWPPP Review
o City of Calabasas General Plan Technical section
preparation for Grading, Drainage, and
Stormwater sections
o Construction (and Industrial) training for the County of Ventura, City of Santa Paula, City of
Oxnard, and City of Calabasas, City of Simi Valley, County of Santa Barbara, City of Lompoc,
City of Buellton, UCSB, City of Santa Maria for the California General Permit.
o Gas Company Post Construction Designs for Administration and Substation sites, Redlands,
Beaumont, and San Bernardino locations
RJR Stormwater Qualifications
RJR has provides a unique blend of civil and geotechnical engineering with extensive hydrology
experience integrated with the environmental fields of stormwater quality and management.
Mr. Robert Anderson, who will oversee and manage all projects with the City is a registered civil
engineer in ten (10) states (CA, NV, NV, AZ, OR, WA, ND, CD, CO, and HA), and oversees all
engineering and stormwater projects. He holds a Juris Doctorate degree in Law, and has 28
years of experience. In addition, has earned the following certifications:
• Certified Professional in Stormwater Quality (CPSWQ) and Instructor;
• Certified Professional in Erosion and Sediment Control (CPESC) and Instructor;
• Certified Municipal Separate Storm Sewer System Specialist (CMS4S) and Instructor;
• Certified Qualified SWPPP Practitioner and Developer (QSP/QSD) and Trainer of Record;
• Certified Stormwater Management Professional (CSMP);
• Certified Erosion, Sediment, and Storm Water Inspector (CESSWI) and Instructor;
• Certified Inspector of Sediment and Erosion Control (CISEC);
• Certified Stormwater Manager (APWA);
Mr. Robert Anderson possesses all of the above certifications, which is a distinction held by only
three people in the United States. Mr. Anderson was recently a presidential appointee to the
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American Public Works Association Executive Committee for the Certified Stormwater
Management Program. He now also serves in the prestigious position of the Chairman of the
Board and Interim Executive President of EnviroCert, an International non-profit organization
that is the international leading stormwater certification body for stormwater. He is not only
oversees the direction of the organization, but negotiates agreements with several countries
stormwater program, and is leading the technical updates for the national and international
programs.
1.0. KEY PERSONNEL
Mr. Robert W. Anderson, PE, Juris Doctorate, CMS4S, CPSWQ, CPESC, QSD/QSP, CESSWI, CISEC,
CMS: This project will be managed and day to day coordination by Mr. Anderson. Mr.
Anderson is a registered civil engineer in ten (10) states and holds a Juris Doctorate degree in
Law (Cum Laude), and has 27 years of experience. Mr. Anderson's emphasis and day-to-day
activities involve land development in geotechnical and civil engineering. He regularly works
with developers, architects, individuals, and municipalities working with entitlements. As the
owner of RJR, he not only provides management and oversight, he actively designs, prepares
reports, and performs plan check, as well as, conduct public outreach and coordination with
other consultants. He is one of only three (3) people in the U.S. that have the credentials and
corresponding demonstrated experience in stormwater, stormwater management and quality.
He is a presidential appointment for the American Public Works Stormwater Management
programs' executive board for the Certified Stormwater Management program. Recently he
was appointed Chairman of the Board and Interim Executive Director of EnviroCert based on his
prestigious technical knowledge and business leadership. Mr. Anderson' experience in the
engineering and stormwater fields is extensive ranging from residential tract development,
custom single family, watershed management, large flood control and basin designs to CEQA
studies. He works as a consultant for private clients, as well as, municipalities and institutional
clients. He has worked on MS4 Phase 1 and Phase II projects and administration throughout
California, Arizona, and Nevada. This has included working on watershed managements;
stream restoration; TMDL studies; and regional and local flood control and multi-benefit
facilities. He has been regularly brought in on Public Outreach and education meetings,
lectures, and training. Mr. Anderson's legal background provides for an understanding of
regulatory affairs, and regularly serves as an expert witness or legal assistant in the hydrology,
drainage, CEQA, and stormwater cases. Finally, Mr. Anderson serves as a State of California
Board of Engineers technical expert for the past 3 years and has reviewed 34 infraction cases
assessing civil and criminal actions by engineering licensees and non-licensed practice, which
has included coordination with the California Coastal Commission, US Army Corp of Engineers,
State Water Board, and coordination and serving as a legal expert with the State Attorney
General office.
Richard Hajas, BA, JD, CPESC, CPSWQ, QSP/QSD: Mr. Hajas has 14 years of professional civil
engineering design experience in analysis and design of improvements plans. He has extensive
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. project experience in hydrology, drainage, flood control, and stormwater management. Mr.
Hajas has recently graduated from law school with a Juris Doctorate and serves as a project
manager for civil engineering design projects for residential tract and commercial
developments. Mr. Hajas also serves to manage projects that involve extensive planning and
regulatory issues. With the breadth of experience Mr. Hajas typically prepares and oversees
project improvement plans and coordination with jurisdictional agencies and stormwater
management designs, including extensive experience with LID, and most erosion and sediment
control BMP's.
Tony Aguilar, B.S.C.E., EIT, CPESC, CPSWQ, CESSWI, QSP/QSD: Mr. Aguilar has 13 years of
design experience and 6 years of professional experience in the civil engineering with a
specialization in hydrology, hydraulics, engineering modeling, and stormwater management.
Mr. Aguilar has extensive academic and project experience in hydrology, river, stream bank
stabilization and hydraulic structures. Therefore, he is involved in all hydrology, drainage and
flood control projects for RJR. This includes all hydrology and hydraulic modeling for
. watersheds, tracts, watershed management projects, and storm drains. As well he has a wide
variety of experience designing streets (Tract 53534, las Virgenes Road Widening, and
Mulholland Highway); sewer capacity analysis (Biola University Sewer Master Study; Tract 5133,
5425, 5133, and West Hollywood Mixed use EIR); and numerous rivers and watersheds (Simi
Arroyo, Santa Ynez, Calleguas Creek, Trancas Creek, las Virgenes, and Malibu Creek) for flood
hazard and pollutant loading assessments;. He also serves as the City of Moorpark SWPPP
reviewer and field inspections of MS4 and local ordinance implementation. Mr. Aguilar also
provides regular Public Works and private sector observations and testing, including structural
observations of retaining walls, foundations, and other structural elements (eg Pepperdine
Firestone Field House retaining walls and trellis for the pool equipment).
Steven M. And@rson, CPll, CPESC, CESSWI, CPSWQ, CMS4S, QSP/QSD: Mr. Steve Anderson has
over 15 years of experience in the private and municipal sectors of performing construction
management, project management, observations, public works inspection, and materials
testing. He is one of an elite group who has earned a Certification in Public Works Inspection.
As well, he holds numerous other certifications and accomplishments that demonstrate this
vast experience and knowledge. Mr. Anderson has an extensive background in highly technical
hillside developments for private custom residential and tract developments, and therefore is
very knowledgeable about grading construction control and pipeline installation. He has also
served as a Project Manager/Construction Manager for Capital Improvement projects and
served as a Public Works Inspector for the past 10 years. His experience is vast and technical
ranging from issuing permits, Condition Compliance, Project Invoicing and Financing, as well as
early planning reviews for constructability. Finally, as a CPESC, CESSWI, CPSWQ, and QSP/QSD,
Mr. Anderson provides in depth knowledge for stormwater and NPDES issues.
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