HomeMy WebLinkAbout1994/08/16 Item 10
COUNCIL AGENDA STATEMENT
Item \ 0
Meeting Date 8/16/94
SUBMITTED BY:
Resolution 111.1, Approving Agreement Between the City of Chula Vista
and Woodward-Clyde Consultants for National Pollutant Discharge Elimination
System (NPDES) Dry Weather Discharge Field Screening and Illegal Discharge
Detection Services
Director of Public woryrP
/ it~
City Manager 0' '<l. (4/5ths Vote: Yes _NoX)
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ITEM TITLE:
REVIEWED BY:
On July 20, 1990 the Regional Water Quality Control Board (RWQCB) issued an "early" NPDES
permit (RWQCB Order No. 90-42) for the San Diego Region. The permit covers all of the eighteen
incorporated cities, the County of San Diego, and the San Diego Unified Port District. Order No. 90-
42, which is a waste discharge permit regulating discharges from municipal storm water conveyance
systems in San Diego County, specifies a number of tasks that must be undertaken by each agency.
One task requires all agencies to annually conduct dry weather discharge field screening (effluent
sampling, chemical analyses, and observation of physical conditions) at major outfalls at least twice
per dry weather season (May through October of each year) in order to detect illegal discharges to the
storm water conveyance system and to identify, if possible, the sources of said illegal discharges.
Order No. 90-42 further requires permittees to eliminate all identified illicit connections and illegal
discharges by July 16, 1995, which is the expiration date for Order No. 90-42. Upon expiration of
Order No. 90-42, a new five-year permit will be issued with new compliance dates.
Due to the expertise and specialized equipment necessary to perform dry weather discharge field
screening and illegal discharge detection services, staff considered it necessary to retain an outside
consultant and requested proposals from qualified engineering and environmental consulting firms.
Staff received eight (8) proposals and has determined the firm of Woodward-Clyde Consultants to be
the most qualified of the eight firms responding to our request for proposals. Therefore, staff
recommends that Woodward-Clyde Consultants be retained to perform Dry Weather Field Screening
and Illegal Discharge Detection Services on an hourly rate/unit cost basis for a fee not to exceed
$60,000 in Fiscal Year 1994-95. The City has the option to extend the agreement for up to two
additional one-year terms.
RECOMMENDATION: That Council approve the agreement and authorize the Mayor to execute
on behalf of City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
JQ~I
DISCUSSION:
Page 2, Item _10
Meeting Date 8/16/94
L Contract Obi ectives
The scope of work of the contract consists of the following tasks:
Task la:
Task lb:
Task 2:
Task 3:
Perform dry weather field screening at the sampling locations listed in
Attachments 1 and 2 of the proposed agreement. At sampling locations where
flow is observed, at least two samples must be collected within 24 hours of each
other and at least 4 hours apart. Field screen for those parameters listed on the
"Field Screening Data Sheet" shown in Attachment 3 of the proposed agreement.
At locations where flow is observed, perform instrumental determination of
physical conditions and field chemical analysis for the constituents identified in
the "Field Screening Data Sheet". Field screening shall be performed at least
twice per dry season at each location, as determined by the City. The consultant
shall commence field screening within five working days of request to do so (to
be performed in conjunction with Task lb).
Obtain laboratory samples for further testing if information obtained through
field screening procedures indicates elevated levels of pollutants and/or a
possible illegal discharge. Laboratory sample analysis includes testing for those
constituents listed in Attachment "A" and/or other tests that may be necessary
to identify pollutants (to be performed in conjunction with Task la).
Perform upstream storm water conveyance system effiuent sampling and
analyses, as authorized by the City, as may be necessary to identify the upstream
source(s) of pollutants. Task 2 is applicable only when elevated levels of
pollutants are detected or observed during the performance of Task 1 (Task 1 a
and Task lb combined), Dry Weather Field Screening.
Perform additional storm water conveyance system effiuent sampling and
analysis, as authorized by the City, as may be necessary to identify pollutant
sources, on an on-call, as-needed basis during the life of the agreement. The
consultant will commence sampling and analysis within one working day of
request to do so. Task 3 is applicable at all times when the consultant is not
performing dry weather field screening tasks and is called by the City.
II. Discussion of Alternatives
Before advertising the Request for Proposals (RFP) for the proposed contract, staff explored
the following alternatives to hiring a consultant to perform the required tasks.
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Page 3, Item lO
Meeting Date 8/16/94
Alternative 1 - "Work verformed bv Citv staff"
Dry weather field screening and illegal discharge detection work requires specialized training
for:
I. Sampling, testing, handling, and disposal of laboratory specimens and hazardous
materials;
2. Laboratory standards and test procedures;
3. Laboratory equipment maintenance and calibration;
4. Laboratory and field Quality Assurance/Quality Control procedures;
5. Confined space entry procedures; and,
6. Pollutant source identification.
Performing this work in-house would also require an initial capital outlay for:
I. Extensive and sophisticated laboratory equipment;
2. Laboratory chemicals and reagents; and
3. Construction of a humidity-controlled and temperature-controlled laboratory.
The total cost for this equipment and for laboratory construction/set-up is unknown, but would
easily exceed $500,000, based upon the type of equipment and space required. In addition,
recurring operating costs for regular maintenance, replacement and calibration of equipment,
as well as periodic laboratory certification and proficiency evaluation, would be incurred by
the City. More importantly, City staff does not have the expertise necessary to administer this
process at this time. Furthermore, hiring additional staff and purchasing testing equipment is
not recommended when compared to the cost-effectiveness of hiring a consultant.
Alternative 2 - "Perform basic drv weather field screenini! work in-house and hirini! a
consultant to verform laboratory testini! and analvses"
Under this alternative, staff would perform basic dry weather field screening, which involves
non-standardized testing and visually observing/recording physical conditions at each outfall
location. This alternative is not recommended because if an illegal discharge is suspected
during field screening, then additional samples would have to be obtained immediately for
laboratory testing to determine the potential source or sources of said illegal discharges. City
staff does not have the expertise to do this and to determine which laboratory tests should be
conducted for a given sample based upon field sampling, visual observations, and experience.
Further, if the results of laboratory testing should be used to fine or prosecute polluters, an
independent consultant's tests results/testimony would be considered less biased and more
reliable than test results/testimony of the fining or prosecuting agency (i.e. the City of Chula
Vista).
In the future, staff will take it upon themselves to learn field screening methods,
sampling/handling procedures, and illegal discharge detection procedures so that a larger
portion of this work may be performed by in-house personnel.
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Meeting Date
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8/16/94
Alternative 3 - Do a drv weather prollYam under the co-oermittee coooerative allYeement
Staff explored the possibility of a regional approach toward this program in a similar manner
to the San Diego County co-permittee joint wet weather monitoring agreement. Unlike the wet
weather monitoring, the requirements for dry weather monitoring were much more tailored to
the individual cities and their corresponding drainage infrastructures. Therefore, the co-
permittee agencies did not believe that a dry weather program was feasible. The dry weather
program must look at the individual system unlike the wet weather program that looks at the
overall levels of pollution in regional watercourses, the bay and ocean.
III. Consultant selection orocess
Public WorkslEngineering Division staff followed the City Municipal Code Section 2.56,
Ordinance 2517, and Council Policy 102-05 in the consultant selection process. As required,
a Request for Proposal (RFP) was prepared by staff in accordance with the above-mentioned
Municipal Code, Ordinance, and Policy. The RFP was sent to sixteen (16) professional firms
specializing in environmental and/or engineering consultant services, and a notice was
published in The Star News and the San Diego Union-Tribune newspapers. Twenty-five (25)
firms responded to the invitation and requested the RFP documents.
The RFP included a description of the Scope of Services requested and the deliverables to be
provided. Each firm was asked to provide:
1. A statement of general qualifications;
2. Names and qualifications of all key personnel to be used in the project, including any
sub-consultants;
3. The location of the office where the work is to be performed;
4. Experience in performing similar type of work in the San Diego region and/or the State
of California, with a particular emphasis on local experience; and,
5. The ability to coordinate with the City of Chula Vista's representatives and to properly
coordinate all activities, including field and laboratory work.
The RFP also indicated that the City had developed an objective evaluation criteria to assist
in the evaluation and selection of the consulting firm. The evaluation criteria included, but was
not limited to, the following (no particular order):
1. Ability to fulfill the requirements of the requested Scope of Services;
2. References and experience;
3. Qualifications and expertise of key personnel, including sub-consultants, if utilized;
4. Business reputation;
5. Cost/fee schedule;
6. Completeness of the proposal and responses to the items presented in the RFP;
7. Company/team stability;
8. Facility inspection, if necessary; and,
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Page 5, Item 10
Meeting Date 8/16/94
9. Proximity of the consultant and sub-consultant offices to San Diego County and the
City of Chula Vista.
The RFP also requested that all proposals state the consultant's desire to extend the contract
on an annual basis to cover Fiscal Years 1995-96 and 1996-97.
The RFP requested that consultants provide hourly rates and unit costs for the required
services. Hourly rates and unit costs were requested because the actual field services and
laboratory services cannot be determined due to the transient and unpredictable nature of
discharges to the storm water conveyance system during the dry weather season. Eight firms
formally responded to the RFP. They are as follows (no particular order):
Geocon Consulting Engineers
Woodward-Clyde Consultants
Kinnetic Laboratories/ToxScan, Inc.
Barrett Consulting Group
Dudek and Associates
Bryan A. Stirrat and Associates, Inc.
EnecoTech, Inc.
Ellorin Consulting Engineers
The hourly rates and unit costs are not presented due to the large number of line items
involved.
IV. RFP Evaluation Process
The Selection Committee was appointed by the City Manager in accordance with the City
Municipal Code Section 2.56 consisted of the following three members:
Dennis Davies, Civil Engineer
Kirk Ammerman, Assistant Civil Engineer
Majed Al-Ghafry, Assistant Civil Engineer
The committee members were provided with individual copies of each one of the eight
responses and each member was charged with rating the proposals in accordance with the
evaluation criteria.
On February 7, 1994, the committee interviewed the top three firms, which were also the only
firms with municipal field screening experience. At the conclusion of the interview, the
committee ranked the consultant firms as follows:
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Page 6, Item 10
Meeting Date 8/16/94
Total Points
Ranking Firm (Maximum 300 Points Possible)
I Woodward-Clyde & Associates 275
2 Kinnetic Laboratories, Inc. 248
3 Ellorio Consulting Engineers 241
The selection of Woodward-Clyde & Associates as the most qualified firm for the job was
based upon: I) overall better knowledge of the scope of work and NPDES regulations and
requirements; 2) excellent references; 3) presentation in the interview; 4) extensive experience
in performing illegal discharge detection investigations; and, 5) strongest project team.
Kinnetic Laboratories, Inc. (ranked second) received a lower rating than Woodward-Clyde
Consultants, in part, because their responses did not demonstrate the same level of knowledge
and expertise as Woodward Clyde Consultants' responses. Although the Selection Committee
considered these two consultants to be equally qualified with respect to scientific expertise,
Woodward-Clyde Consultants was selected over Kinnetic Laboratories, Inc. because of their
overall better nonpoint source pollution experience, including pollutant source identification.
Ellorin Consulting Engineers were ranked third because of their I) limited experience in the
NPDES Storm Water Program; 2) limited references; and, 3) limited knowledge of illegal
discharge detection procedures.
Staff recommends hiring Woodward-Clyde Consultants based on their better qualifications to
perform the scope of services requested. The following factors were also important in selecting
and recommending Woodward-Clyde Consultants:
1. Knowledge of the Scope of Work - Dry weather discharge field screening and illegal
discharge detection services require an in-depth understanding and knowledge of the
NPDES Program. The consultant performed the initial studies for the U.S.
Environmental Protection Agency in the 1970' s and early 1980' s that led to the NPDES
Storm Water Regulations. The consultant has also developed a number of professional
and technical guidance documents for the U.S. Environmental Protection Agency,
including dry weather field screening guidances and field manuals used by industries
and municipalities throughout the United States.
2. Consultant References - Woodward-Clyde Consultant references were excellent and
were more diverse than the other two consultants.
3. Proiect Team - Woodward-Clyde Consultants is also proposing a technically stronger
project team (Woodward-Clyde Consultants, Analytical Technologies, Inc.
Environmental Engineering Laboratory, and Pacific Treatment Environmental Services,
Inc.). This will insure the quality and adequacy of the dry weather discharge field
screening and illegal discharge detection work. Woodward-Clyde Consultants will
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Page 7, Item _, 0
Meeting Date 8/16/94
perform all of the field work. Analytical Technologies, Inc. will perform most of the
laboratory testing, except for biological testing, which will be performed by
Environmental Engineering Laboratory. Pacific Treatment Environmental Services, Inc.
will provide proper disposal of hazardous materials including used chemical reagents.
4. Costs - The consultants were requested to estimate the costs to the City for their
completion of Task la. The consultants were further requested to provide a total cost
to perform those tests listed in Attachment "A". Assuming flow conditions at fifty
percent of the outfalls and elevated pollutant levels at ten of those outfalls (worst-case
scenarios), the following estimated costs were calculated for Task I (Tasks la and Ib
combined):
Hourly Rate for Cost for Lab Tests Listed Estimated Total Cost
2-Person Field in Attachment "A" for Task 1
Firm Screening Crew (Task Ib)' (Task la & Task Ib)'
Woodward-Clyde $102/Hour 10 sets x $41,190
Consultants $ 719/set
Kinoetic $109/Hour 10 sets x $1I16/set $42,212
Laboratories, Inc.
Ellorin Consulting $ 125/Hour 10 sets x N/A
Engineers $ 896/set
] Assumes ten sets of samples will be obtained at outfalls for laboratory testing during dry weather
field screening operations.
'Total cost calculated by staff.
After the Selection Committee determined that Woodward-Clyde Consultants were the most
qualified and most cost-effective firm for the job, staff began negotiating a contract. As a
result of these negotiations, Woodward-Clyde Consultants agreed to reduce its hourly rate for
the two-person field crew from $102 per hour to $84 per hour and agreed to other, less
significant, reductions in personnel hourly rates. These rate reductions decreased the overall
estimated cost of completing Task I from approximately $41,000 to $36,000 in Fiscal Year
1994-95. Said cost estimate does not include additional costs associated with performing
illegal discharge detection work upstream of the field screened outfalls (Task 2) nor does it
include an estimate to perform illegal discharge detection work on an on-call, as-needed basis
throughout the term of the agreement (Task 3). The following table shows a range of probable
costs to perform basic field screening and illegal discharge detection work upstream of the
outfalls identified in Attachments I and 2 of the proposed agreement, assuming average and
worst-case scenarios (based upon the Consultant's experience in other municipalities) with
respect to the incidence of suspected or actual illegal discharges:
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Page 8, Item
Meeting Date
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8/16/94
Range of Anticipated Costs for
the Performance of Each Task
Probable Probable
Task Minimum Maximum
la Outfall Field Screening (Includes Laboratory Aoalyses of $25,000 $36,000
& Effluent Obtained at the Outfall Locations Listed in
Ib Attachments I and 2 to the Proposed Agreement)
2 Upstream Investigation and Testing During Field Screening $10,000 $15,000
Operations (Assume 4 to 6 Investigations Per Year)
3 Upstream Investigation and Testing on an On-Call/As-Needed $6,000 $ 9,000
Basis throughout the term of the Agreement (Assume 2 to 3
Investigations Per Year)
Totals $41,000 $60,000
It must be noted that funds will be expended to perform Tasks 2 and 3 on Iv if illegal
discharges are suspected during field screening or if reports of illegal discharges are received.
Based upon the above estimates, staff felt that a contract budget of $60,000 per year would be
appropriate, given the vast number of unknowns (i.e., the number of outfalls with flow, the
number of illegal discharges detected or suspected, the number of reports of illegal discharges
received, etc.) in all of the project tasks. Funds remaining from a completed task will be
available to perform another task if necessary. Further, if additional funding is needed to meet
the requirements of RWQCB Order No. 90-42 with respect to field screening and illegal
discharge detection work in Fiscal Year 1994-95, then staff will return to Council with a
request for additional funds.
V. The Agreement
The proposed agreement (attached) with Woodward-Clyde Consultants uses the City's standard
two-party agreement. Under this contract, they agree to perform the entire Scope of Work as
outlined in Exhibit A (Tasks 1, 2 and 3) on an hourly rate/unit cost basis for an amount that
will not exceed $60,000 in Fiscal Year 1994-95. This method of compensation was preferred
over a fixed-fee arrangement because the degree of work that must be performed at each outfall
location is entirely dependent upon whether or not flow is present and whether or not a
possible illegal discharge is detected. In order to provide the services for a fixed-fee, the
consultant would have to assume a "worst-case scenario", which very well could prove to be
more costly to the City than the method of compensation in the proposed contract. This
section details what is required of the firm and is very precise in order to insure that the
consultant performs the services in a manner that will satisfy NPDES Storm Water
requirements and Order No. 90-42.
It should be noted that the proposed agreement is generally similar in nature to previously
approved material testing service agreements, which also provide for compensation on an
hourly rate/unit cost basis.
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Page 9, Item 10
Meeting Date 8/16/94
Finally, Engineering staff has worked closely with the City Attorney's office to formulate the
proposed agreement.
The initial contract will be for one year. Provisions were included allowing the contract to be
extended, at the City's sole discretion, for an additional one-year term at the same unit rates
as the initial one year term. Further, the contract may be extended by mutual agreement
between the City and the consultant for a second additional one-year term if new unit rates are
successfully negotiated with the consultant. Contract extensions would have to be approved
by the City Council. The possible extension of the contract for up to two years was included
in the Request for Proposal and in the proposed contract to encourage better hourly rates and
unit costs by providing the possibility of a longer contract term, to avoid the time consuming
selection process each year, and to maintain continuity in the Illegal Discharge Detection
Program.
FISCAL IMPACT: Approximately $60,000 annually. Funds in the amount of $85,000 to cover the
cost of dry weather field screening and illegal discharge detection service costs have been programmed
as part of the approved Fiscal Year 1994-95 NPDES Program budget. The cost of illegal discharge
detection work may be offset somewhat by the imposition and collection of fines for dischargers that
willfully and continually violate discharge limitations and prohibitions. The agreement with
Woodward-Clyde Consultants may be cancelled at any time by the City with thirty days written notice.
Further, failure to comply with any aspect of Order No. 90-42 could result in the imposition of up to
$25,000 per day fines by the Regional Water Quality Control Board and the United States
Environmental Protection Agency (i.e., up to $50,000 per day).
Attachments:
A) Laboratory Tests That May Be Performed on Dry Weather Discharge Samples
B) Cost-Comparison Work Sheets
C) Agreement Between City of Chula Vista and Woodward-Clyde Consultants for
National Pollutant Discharge Elimination System (NPDES) Dry Weather
Discharge Field Screening Services and Illegal Discharge Detection Services
KP Nkpa
cc: File No. KY-181
M:\HOME\ENGINEER\ADVPLAN\NPDES\WCCAGREE.l13}
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RESOLUTION NO. J 7;' I ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND WOODWARD-CLYDE
CONSULTANTS FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) DRY WEATHER
DISCHARGE FIELD SCREENING AND ILLEGAL
DISCHARGE DETECTION SERVICES
WHEREAS, on July 20, 1990 the Regional Water Quality
Control Board (RWQCB) issued an "early" NPDES permit (RWQCB Order
No. 90-42) for the San Diego Region which covers all of the
eighteen incorporated cities, the County of San Diego, and the San
Diego Unified Port District; and
WHEREAS, Order No. 90-42, which is a waste discharge
permit regulating discharges from municipal storm water conveyance
systems in San Diego County, specifies a number of tasks that must
be undertaken by each agency; and
WHEREAS, one task requires all agencies to annually
conduct dry weather discharge field screening (effluent sampling,
chemical analyses, and observation of physical conditions) at major
outfalls at least twice per dry weather season (May through October
of each year) in order to detect illegal discharges to the storm
water conveyance system and to identify, if possible, the sources
of said illegal discharges; and
WHEREAS, Order No. 90-42 further requires permittees to
eliminate all identified illicit connections and illegal discharges
by July 16, 1995, which is the expiration date for Order No. 90-42.
Upon expiration of Order No. 90-42, a new five-year permit will be
issued with new compliance dates; and
WHEREAS, due to the expertise and specialized equipment
necessary to perform dry weather discharge field screening and
illegal discharge detection services, staff considered it necessary
to retain an outside consultant and requested proposals from
qualified engineering and environmental consulting firms; and
WHEREAS, staff received eight (8) proposals and has
determined the firm of Woodward-Clyde Consultants to be the most
qualified of the eight firms responding to our request for
proposals, therefore, staff recommends that Woodward-Clyde
Consultants be retained to perform Dry Weather Field Screening and
Illegal Discharge Detection Services on an hourly rate/unit cost
basis for a fee not to exceed $60,000 in Fiscal Year 1994-95 with
the City having the option to extend the agreement for up to two
additional one-year terms.
/&-//
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve the Agreement between the
city of Chula vista and Woodward-Clyde Consultants for National
Pollutant Discharge Elimination System (NPDES) Dry Weather
Discharge Field Screening and Illegal Discharge Detection Services,
a copy of which is on file in the office of the city Clerk as
Document No. (to be completed by the City Clerk in the final
document) .
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to e ute said
Agreement for and on behalf of the city of ula 'st.
Bruce M.
Attorney
City
Presented by
John P. Lippitt, Director of
Public Works
c:\rs\woodward
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ATTACHMENT "A"
Laboratory Tests That May Be Performed on Dry Weather
Discharge Samples if Elevated Levels of Pollutants are
Detected/Observed or if Illegal Discharges are Suspected
During Dry Weather Discharge Field Screening Operations:
Semi-volatile organics
Metals - copper, lead, zinc, selenium, arsenic,
cadmium, chromium, and iron
Nitrates plus nitrite
Total Kjeldahl nitrogen (TKN)
Biochemical Oxygen Demand (BOD)
Fecal and total coliform
Surfactants (MBAS)
Chlorine residual
Total phosphate
Total suspended solids (TSS)
/P" /.:1
ATTACHMENT IIBII
Cost Comparison Worksheet Page 1 of 6
Cost Comparison Worksheets
Contract Consultants and Services vs. In-House Staff
The following forms are to be used for comparisons of the cost of hiring
consultants or contracting for services to the cost of using in-house
staff. Please answer the following questions and complete the attached
Cost Comparison Worksheet. If you have any questions regarding these
forms, please contact the Revenue Manager.
GENERAL :
1. Describe the task(s) to be performed.
Annual Dry Weather Discharge Field Screening (effluent sampling,
chemical analyses, and observation of physical conditions) of stormwater
conveyance system outfalls throughout the Ci ty at least twice per dry
season (May to October) to comply with San Diego Regional Water Quality
Control Board Order No. 90-42. Additional sampling and analyses will be
performed, as may be necessary, to identify nonpoint pollutant sources.
2. What is the expected duration of the project/service (number of weeks,
months, etc.)?
The initial contract will be for one year. The contract may be
renewed, at the City's sole discretion, for an additional one-year term at
the same unit rates as the initial one-year term. Further, the contract
may be renewed, by mutual agreement between the Ci ty and the Consul tant,
for a second additional one-year term if new unit rates are successfully
negotiated with the Consultant.
3. How frequently does the City need to do this project (times per month
of year, times per development, etc.)?
Field Screening of all outfalls will occur twice per dry season on an
annual basis. Illegal discharge sampling and testing will be performed on
an as-needed basis throughout the year.
4A. Are there any in-house employees who could perform the task?
classification of employee(s)?
What
No. The task is highly specialized and requires thorough knowledge of,
and training in, laboratory methods, sampling procedures, hazardous
materials handling and disposal methods, chain-of-custody procedures, and
pollutant source identification.
4B. If there are such employees, why wouldn't they be utilized in this
situation?
N/A.
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ATTACHMENT IIBII
Cost Comparison Worksheet Page 2 of 6
4C. If such employees would not be used due to workload, what work would be
displaced if the task were to be performed in-house?
N/A.
4D. If workload is a factor, could staff of lower classification be
to handle extra work so that staff of higher classification
concentrate their time on the task? Explain.
hired
could
N/A.
5. Would the project take more or
contractor (e.g. consultant has
software, etc.)?
less time for in-house staff versus a
pre-prepared boilerplate materials,
More time would be required. Consultant's staff is fully trained in
sampling and testing procedures/protocols/calibration, Quality
Assurance/Quality Control procedures, and hazardous materials handling,
sampling, and disposal. Further, Consultant has extensive knowledge and
expertise in nonpoint pollutant source identification. City staff does not
have the above expertise. Staff acquisi tion of said expertise would
require a commitment of staff time and funding resources for continuing
education, training, and equipment that would not be commensurate with the
benefit obtained.
6A. Are there any qualitative reasons to choose either a contractor or in-
house staff (e.g. special expertise, knowledge of City operations, special
liability issues)? Explain.
Yes. For consultant, please see response to Question No.5, above.
In-house staff has extensive knowledge of the City's stormwater conveyance
system; however, this expertise is a minor part of the services required.
6B. Is the project or service separable into two parts, some of which could
be performed by in-house staff? What would be the benefits/drawbacks of
dividing the task?
No. If an illegal discharge is discovered or suspected during field
screening, then additional samples will have to be obtained immediately for
laboratory testing to determine the potential source(s). Consultant has
the expertise to determine which laboratory tests should be conducted for
a given sample, based upon field sampling and visual observations.
Further, if the results of laboratory testing should be used to fine or
prosecute polluters, an independent consultant's test resul ts/testimony
would be considered less biased and more reliable than test resul ts/
testimony of the fining or prosecuting agency (i.e., City of Chula Vista).
7. Is there any special training that would be required for the service to
be provided by in-house staff? What would be the cost implication of this
training?
Yes. The cost cannot be definitively calculated, but special training
would be required for: sampling, testing, handling, and disposal of
laboratory specimens and hazardous materials; laboratory test procedures;
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ATTACHMENT
IIBII
Cost Comparison Worksheet Page 3 of 6
laboratory equipment maintenance and calibration;
Quality Assurance/Quality Control procedures;
procedures; and, pollutant source identification.
laboratory and field
confined space entry
SA. Are there any
additional expenses
task? Explain.
special capital items or materials required for
that would be incurred for the city to perform this
Yes. Special capital items required would include sampling equipment
and containers, field test kits and refills, safety equipment, gas analyzer
(for confined space entry), extensive laboratory equipment, laboratory
chemicals/reagents, humidity- and temperature-controlled laboratory, etc.
SB. If the city were to perform this task, what impacts would this have on
the life expectancy/capacity of city equipment? Would upgrades, additional
annual maintenance, or new purchases be required? Explain.
Yes. Regular maintenance and calibration of laboratory and field
equipment, replacement of testing and safety equipment (as-needed), and
annual laboratory certification would be required.
9 . How would
offset these
performance.
this task be funded?
expenditures? Answer
What fees or reimbursements might
for both contract and in-house
Both contract performance and in-house performance of this task would
be funded entirely through Storm Drain Fee revenue, which would include
fines levied against chronic polluters.
CONSULTANT/CONTRACTOR AGREEMENT:
10. Base Contract Cost:
Not-to-Exceed $60,000 per fiscal year, on a time and materials basis.
11. Method and terms of payment.
Time and Materials Contract, with submittal of monthly billings by the
Consultant. Normal payment terms shall apply.
12. If the term of the agreement would be for more than one year, what
provisions apply to COLA or CPI increases?
Please see response to Question
unsuccessful, then the Ci ty will begin
consultant by circulating a Request
consultants.
No.
the
for
2. If negotiations are
process of selecting a new
Proposal among qualified
/"~/V
ATTACHMENT IIBII
Cost Comparison Worksheet Page 4 of 6
13. Applicable rates (including travel, word processing, hourly or daily
charges, clerical support, meeting attendance, sales tax, etc.), estimated
units per rate, and resultant costs (e.g. five trips from LA @ $50/trip =
$250. )
TYPE OF CHARGE RATE ESTIMATED UNITS TOTAL COST
Two-Person Field Crew $ 84/Hour 168 Hours $ 14,112
Three-Person Field Crew $184/Hour 80 Hours $ 14,720
Project Manager $100/Hour 120 Hours $ 12,000
Senior Project Engineer $l13/Hour 12 Hours $ 1,356
Management Oversight $130/Hour 4 Hours $ 520
Health & Safety Officer $ 85/Hour 6 Hours $ 510
Vehicle $ 75/Day 20 Days $ 1,500
Field Supplies (Incl. Various Time/Materials $ 2,450
Waste Disposal)
Miscellaneous Various Time/Materials $ 800
Laboratory Analyses Various Time/Materials $ 12.000
TOTAL $ 59,968
14. Performance guarantees (e.g. withholding of payment for unsatisfactory
work, termination of contract, etc.)
10% Retention, which will be released upon acceptance by City of the
required reports (deliverables).
15. Is consultant/contractor:
Licensed to do business in the city? No. However.
Consultant has submitted a license aoolication to Citv.
Subject to FPPC conflict of interest designation? No.
If so, in what disclosure category should the be required to
file? N/A
16. Additional comments:
Field Screening is a requirement of the City's N.P.D.E.S. Storm Water
Discharge Permit (San Diego Regional Water Quality Control Board Order No.
90-42). Failure to comply with the terms of said permit may result in
fines of up to $25,000 per day.
Note: If a draft agreement is available, please attach a copy.
<< COpy OF DRAFT AGREEMENT ATTACHED >>
/0.,.)7
ATTACHMENT IIBII
Cost Comparison Worksheet Page 5 of 6
City of Chula Vista
Consultant Cost Comparison Worksheet
IN-HOUSE COST
CONSULTANT COST
BASE RATES
Base Contract Cost
BASE RATES
$36.000
Full-Time Equivalent
Employee Hourly Wage
$25.00
Consultant Hourly Rate $84 to $184
Estimated Actual Hours
Additional Rates
(Aggregate Cost)
Total Base Cost
FCR BASED COSTS*
Contract Monitoring/
Support Costs
SUBTOTAL
(Base + Support Costs)
OTHER
Supplies, Furniture,
and Equipment
Business License Tax
Other Applicable Tax
400
Estimated Actual Hours 1000
(Includes Laboratory)
$24.000
$60.000
Total Base Cost $25.000
FCR BASED COSTS
$20.008
Division
FCR Factor
2.593
$80.008
SUBTOTAL
(Base x FCR Factor)
$64.825
OTHER
INCLUDED
INCLUDED
Supplies, Furniture,
and Equipment
More Than
$250.000**
INCLUDED
Other Applicable Tax
TOTAL COST
-----------------------------------------------------------------------
-----------------------------------------------------------------------
More Than
$314.825
$80.008
* For monitoring and support costs, see attached worksheet.
materials
/&..)g/ jllJ-)()
** Laboratory equipment and
ATTACHMENT IIBII
Cost Comparison Worksheet Page 6 of 6
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Agreement between
city of Chula vista
and
Woodward-Clyde Consultants
for National Pollutant Discharge Elimination System
(NPDES) Dry Weather Discharge Field screening
Services and Illegal Discharge Detection Services
This agreement ("Agreement"), dated August 9, 1994 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the city-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business address
is set forth on Exhibit A, paragraph 3, and the entity indicated
on the attached Exhibit A, paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, paragraph 5, and whose
place of business and telephone numbers are set forth on Exhibit
A, paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, the City seeks to comply with all aspects of the
1987 Amendments to the Federal Water Pollution Control Act (Clean
Water Act and its implementing regulations, 33 USCA section 1251
et seq.), the Porter-Cologne Water Quality Control Act
(California Water Code 13020 et seq.) and its implementing
regulations, and the San Diego Regional Water Quality Control
Board Order Number 90-42 (NPDES Permit Number CA 0108758) and any
subsequent amendments thereto; and,
Whereas, in order to comply with Federal and state law, it
is necessary for the city to annually conduct Dry Weather
Discharge Field Screening ("Field Screening") at major outfalls
in order to detect illegal discharges to the storm water
conveyance system and to identify, if possible, the sources of
said illegal discharges; and,
Whereas, the city has determined that it is necessary to
retain the services of Consultant in order to satisfy Field
Screening requirements;
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they can prepare
and deliver the services required of Consultant to city within
the time frames herein provided all in accordance with the terms
and conditions of this Agreement; and,
Whereas, in addition to retaining the services of Consultant
in order to satisfy Field Screening requirements, it is necessary
Field Screening Agreement: Woodward-Clyde Consultants
Page 1
IP-:;'}
and desirable to retain Consultant on an on-call, as-needed
retainer basis during the life of the agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence in this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, city and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (Cl, unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
Field Screening Agreement: Woodward-Clyde Consultants
Page 2
IP~~2
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry
("primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public
("Cross-liability Coverage") .
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
coverage, Primary Coverage and CrOSS-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the city
Field Screening Agreement: Woodward-Clyde Consultants
Page 3
111--.).3
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Securitv for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the city a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space adjacent to the term,
"Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the city Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or city Attorney which
amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
city such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the city
and to otherwise comply with Title 5 of the Chula vista Municipal
Code.
2. Duties of the city
A. Consultation and Cooperation
city shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
Field screening Agreement: Woodward-Clyde Consultants
/ t7...). J/
Page 4
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the city's
account number indicated on Exhibit A, Paragraph 18 (Cl to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
Field Screening Agreement: Woodward-Clyde Consultants Page 5
/~...25
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate").
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City'S Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
Field Screening Agreement: Woodward-Clyde Consultants
Page 6
IP'~~
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the sUbject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise city of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold
harmless the city, its elected and appointed officers and
employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees)
Field Screening Agreement: Woodward-Clyde Consultants
Page 7
/(/...~ ')
arising out of the conduct of the Consultant, or any agent, or
employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
conduct of the city, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers,
agents, or employees in defending against such claims, whether
the same proceed to judgment or not. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to city
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City
for any additional expenses incurred by the city. Nothing herein
is intended to limit City'S rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
Field Screening Agreement: Woodward-Clyde Consultants
Page 8
/tP...;.r
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City,
which City may not unreasonably deny. City hereby consents to
the assignment of the portions of the Defined Services identified
in Exhibit A, Paragraph 17 to the subconsultants identified
thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the united states or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement. Such use for purposes not
reasonably inferred by the Scope of Services shall be at the sole
risk of City.
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits.
Field Screening Agreement: Woodward-Clyde Consultants
Page 9
/~~~,
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the city and acted upon by
the city in accordance with the procedures set forth in Chapter
1.34 of the Chula vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
good
OVer
Upon request by City, Consultant shall meet and confer in
faith with City for the purpose of resolving any dispute
the terms of this Agreement.
15.
Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to reCOVer all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind city
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
Field Screening Agreement: Woodward-Clyde Consultants
Page 10
/~-:Jtl
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United states mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, state
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the city of Chula vista.
Field Screening Agreement: Woodward-Clyde Consultants
Page 11
/d~'1
Signature Page
to
Agreement between City of Chula Vista and
Woodward-Clyde Consultants
for National
(NPDES) Dry
Services and
Pollutant Discharge Elimination System
Weather Discharge Field Screening
Illegal Discharge Detection Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood same,
and indicate their full and complete consent to its terms:
, 1994
City of Chula Vista
Dated:
by:
Tim Nader, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
Woodward-Clyde Consultants
Dated:
By:
Scott S. Moorho se, Vice President/
Operations Manager
Exhibit List to Agreement
(X) Exhibit A.
() Exhibit B.
Field Screening Agreement: Woodward-Clyde Consultants
Page 12
/P" :J).
Exhibit A
to
Agreement between
City of Chula vista
and
Woodward-Clyde Consultants
I.
Effective Date of Agreement:
August 9, 1994
II. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the state of California
( ) Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) other:
[insert business form]
III.
Place of Business for City:
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
IV. Consultant:
Woodward-Clyde Consultants
Sunroad Plaza 3
1615 Murray Canyon Road, suite 1000
San Diego, California 92108
V. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
VI. Place of Business, Telephone and FAX Number of Consultant:
Sunroad Plaza 3
1615 Murray Canyon Road, suite 1000
San Diego, California 92108
Voice Phone (619) 294-9400
FAX Phone (619) 293-7920
Exhibit A to Field screening Agreement: Woodward-Clyde Consultants
Page 1
It)' ;Jj
VII.
General Duties:
Consultant shall perform Field Screening at various storm
water conveyance system outfalls throughout the City. Consultant
shall perform additional sampling and chemical analyses, as
authorized by City, as may be necessary to identify pollutant
sources.
VIII. scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant shall:
(1) Provide all personnel, equipment, and materials
necessary to perform Field Screening in compliance
with the requirements of federal N.P.D.E.S. Municipal
Stormwater Discharge Regulations (promulgated by the
united States Environmental Protection Agency) and
California Regional Water Quality Control Board Order
Number 90-42, which is on file in the office of the
city Clerk as Document Number C0090-287.
(2) Field Screen for those parameters listed on the
"Field Screening Data Sheet" shown in Attachment 3 of
this exhibit. At locations where flow is observed,
the consultant shall perform instrumental
determination of physical conditions and field
chemical analyses by colorimetric or other approved
method for the constituents identified in the "Field
Screening Data Sheet".
(3) Perform Field Screening at the sampling locations
listed in Attachment 1 and as shown on Attachment 2
(map) of this exhibit. At sampling locations where
flow is observed, at least two grab samples must be
collected within twenty-four hours of each other and
at least four hours apart. Obtain laboratory samples
for further testing if information obtained through
Field Screening procedures indicates elevated levels
of pollutants and/or a possible illegal discharge.
Laboratory sample analysis shall include testing for
semi-volatile organics, metals (copper, lead, zinc,
selenium, arsenic, cadmium, chromium, and iron),
nitrates plus nitrite, total Kjeldahl nitrogen (TKN) ,
biochemical oxygen demand (BOD), fecal and total
coliform, surfactants (MBAS), residual chlorine, total
phosphate, total suspended solids (TSS) , and/or other
tests that may be necessary to identify pollutants.
Field Screening shall be performed at least twice per
dry season at each location, as determined by City.
Consultant shall commence Field Screening within five
working days of request by the City (Deliverable Nos.
1 and 2).
Exhibit A to Field screening Agreement: Woodward-Clyde Consultants
Page 2
)tJ.. J i
(4) Provide a description of the field chemical
analysis methods used, including the name(s) of the
manufacturer(s) of the test methods along with the
range and accuracy of each test.
(5) Perform upstream storm water conveyance system
effluent sampling and analyses, as authorized bv Citv,
as may be necessary to identify the upstream source(s)
of pollutants detected or observed during Field
screening (Deliverable No.3).
(6) Perform additional storm water conveyance system
effluent sampling and analyses, as authorized bv city,
as may be necessary to identify pollutant sources, on
an on-call, as-needed basis during the life of the
agreement. Consultant shall commence sampling and
analysis within one working day of request by city
(Deliverable No.4).
(7) Perform all sampling, handling, and testing of
field samples obtained for laboratory analysis in
accordance with 40 Code of Federal Regulations Part
136. The Consultant's laboratory shall be certified
to perform such analyses by the California Department
of Health Services or shall be approved by the
Executive Officer of the Regional Water Quality
Control Board.
(8) Perform quality assurance analyses on City-
approved chemical standards (quality control specimens
of known chemical concentrations) to check the
accuracy and reliability of the field test equipment
used. Field Screening quality assurance analyses
shall be conducted at the beginning of each week in
which Field Screening is scheduled.
(9) Provide City with original Field Screening Data
Sheets within five working days of when Field
Screening is performed. Provide city with summary
reports of Field Screening activities within twenty
working days of the completion of each round of Field
Screening. Provide City with all other reports within
ten working days of the completion of laboratory
testing.
(10) Provide City with all original data, reports,
records, etc. of Field Screening, illegal discharge
detection services, and laboratory analyses, as well
as certified copies of all calibration, quality
assurance, and maintenance records. Further, the
consultant shall maintain copies of all records
related to dry weather discharge Field Screening and
illegal discharge detection services performed under
the contract for a minimum of five years from the date
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
/p.. Jf
Page 3
of sampling, measurement, report, etc. This period
may be extended due to possible unresolved litigation
regarding a discharge or when requested by City or the
Executive Officer of the Regional Water Quality
Control Board.
(11) Use billing forms and procedures acceptable to
city.
(12) Notify City in writing of any discharge which may
endanger the public health or safety and/or the
environment within 24 hours of the time the consultant
becomes aware of said discharge.
B. Date for Commencement of Consultant services:
(X) Same as Effective Date of Agreement
() Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Provide City with original Field
Screening Data Sheets within five
working days of when said Field
Screening is performed. Provide
city with written reports of
laboratory testing performed in
conjunction with Field Screening
activities within ten working days
of the completion of said
laboratory testing.
Deliverable No.2: Provide city with written summary
report of Field Screening and
related activities within twenty
working days of the completion of
each round of said Field Screening.
Deliverable No.3: Provide city with written reports
of laboratory testing performed in
conjunction with Field screening
activities upstream of outfalls to
identify the upstream source(s) of
pollutants detected or observed
during Field Screening within ten
working days of the completion of
said laboratory testing.
Deliverable No.4: Provide City with written reports
of sampling and analyses performed
on an on-call, as-needed retainer
basis to identify pollutant sources
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
/IJ~J I,
Page 4
within ten working days of the
completion of said analyses.
D. Date for completion of all Consultant services:
Same as effective date of agreement or August 9, 1994,
whichever is later, to June 30, 1995. City has the
option to extend this agreement for up to two
additional years in one year increments. The first
year's extension shall be at the sole discretion of
City and the second year's extension shall be by
mutual agreement between City and Consultant. The
City Contract Administrator shall give notice of
election to extend this agreement by sending notice by
letter to Consultant not later than three months prior
to expiration of the term.
IX. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
(X) Errors and Omissions Insurance: $500,000 (not
included in Commercial General Liability coverage).
X. Materials Required to be Supplied by City to Consultant:
None.
XI. Compensation:
A.
( )
Single Fixed Fee Arrangement.
For performance of all of the Defined Services by
Consultant as herein required, City shall pay a single fixed fee
in the amounts and at the times or milestones or for the
deliverables set forth below:
Single Fixed Fee Amount: , payable as
follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the
Defined Services by Consultant as are separately identified
below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or
Deliverables set forth . Consultant shall not commence Services
under any Phase, and shall not be entitled to the compensation
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
Page 5
1&,37
for a Phase, unless city shall have issued a notice to proceed to
Consultant as to said Phase.
Phase
Fee for Said Phase
1.
$
2 .
$
C.
(X)
Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule
herein below according to the following terms and conditions:
1. (X) Not-to-Exceed Limitation on Time and
Materials Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum
Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein
required of Consultant for an amount not-to-exceed
$60,000 annually, including all Materials, and other
"reimbursables" ("Maximum Compensation") in accordance
with the following schedule:
I I Estimated I
Budget for
Task Each Task.
1. Outfall Field Screening (Deliverables 1 & 2) $36,000
2. Upstream Investigation and Testing During
Field Screening Operation (Deliverable 3) $15,000
3. Upstream Investigation and Testing on an On-
Call/As-Needed Basis throughout the Term of $ 9,000
the Aoreement (Deliverable 4)
Maximum Total Compensation - Tasks 1, 2, & 3 $60,000
* Funds rema~n~ng from a completed task may be utilized for
another task if necessary.
2. () Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred
time and materials equal to $ ("Authorization
Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization
issued in writing and approved by city. Nothing
herein shall preclude Consultant from providing
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
/~-:Jr
Page 6
additional services at Consultant's own cost and
expense.
Rate Schedule
Cateqorv of Employees of Consultant
Hourly
Rate
$ 37
57
42
60
62
65
80
85
100
113
120
130
84
184
Clerk*
Technical Assistant/Word Processor*
Technician Assistant*
Technician*
Drafter/Illustrator*
Staff Professional
Senior Staff Professional
Assistant Project Professional
Project Professional
Senior Project Professional
Consulting Professional
Principal/senior Principal
Two-person field crew (2 Technician
Assistants [TA])
Three-person field crew (2 TAs and
1 Project Professional)
overtime (hours worked in excess of eight [8] hours
per day) by exempt personnel will be charged at the
above straight time hourly rate. Overtime by non-
exempt personnel (classifications identified with an
asterisk "*") will be charged at 1.3 times the above
hourly rates.
() Hourly rates may increase by 6% for services
rendered after [month], 19 ,if delay in
providing services is caused by City.
(X) In the event this agreement is extended pursuant
to Paragraph VIII.D, then the above hourly rates
will apply to the first extension only. Hourly
rates for the second extension shall be as
mutually agreed upon by City and Consultant.
XII.
Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
( None, the compensation includes all costs.
Cost or Rate
( Reports, not to exceed $
( copies, not to exceed $
( Travel, not to exceed $
( Printing, not to exceed $
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
/~~3'
Page 7
( Postage, not to exceed $
( Delivery, not to exceed $
( Long Distance Telephone charges,
not to exceed $
(X) Other Actual Identifiable Direct Costs:
Item
Vehicle
Tripod (Confined Space
Entry)
Rescue System, 50 ft.
(Confined Space Entry)
Chlorine reagent
Copper reagent
Phenol reagent
Detergents reagent
Ammonia reagent
Glycol reagent
Zinc reagent
Filters
Other (As approved by City)
Cost
$ 75.00 per day
$ 39.00 per day/
$ 50.00 per week
$123.00 per day/
$246.00 per week
$ 0.74 each
$ 0.74 each
$ 0.74 each
$ 2.66 each
$ 0.29 each
$ 1. 99 each
$ 0.34 each
$ 1. 12 each
Cost Plus 12%
(X) Laboratory Services as set forth below:
Method Nu.berts\
Drinking GrOUndwatera
Para.eter/Analvte Water J Wat~l';- J Soils J ~9ti Uni}~?"st
Wastewater I Waste
8 Met~ls bcopper, Lead, ,ZinCf S~tenium, 200.7/200 6010 98
ArsenIC admlum ChromIum ron Series
Aluminum, Antimonyc ArsenicC Barium, 200.7/200 6010/7000 15 r,er
Beryllium, Boron, admium, alcium Series Series ana yte
Chromium, Cobalt, Copper Iron, Lithium
Ma~nes~um, Manga~eseJ ~otYbdenu~i Nickei,
Po asslumi selenlumt SIlIcon, 51 ver,
Sodium, S ronti~~, h~}rium, Tin,
Vanadium Zinc b leAP Flame AA
Antimony, Arsenic, Beryllium, Cadmium, 200 Series 7000 Series 20 r,er
chrom~um'b~ogp~~~.Lead, Selenium, Silver, ana yte
ThallIum b ra Ite Furnace
Mercurv bv Cold Vanor 245 7470 7471 30
ItJ,A{~
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
Page 8
INORGANIC ANALYSES - GENERAL CHEMISTRY
Method Nu.ber's\
Paraoeter/Analvte Drinking Water Jill Groundwater, S~lsJ Uni}SI
Water Wastewater Solid Waste Cost
Alkalinitv 310.1 ,,, 20
Ammonia 350.3 '" 20
Biochemical Oxvaen Demand IBOD} 405.1 45
Bromide 30D.0 320.1 ,,, 20
Cation Exchanne Canacitv - 9081 50
Chloride 300.0 325.2 '" 20
Chromium Hexavalent 7196 7196 65
Chemical Oxvnen Demand (COOl 410 Modif ied 410.2 - 45
Conductance Snecific 120.1 9050 2D
Cyanide Total 335.3 9012 6D
C anide Amenable 335 9012 85
Flashooint lDl0 1010 45
Fluoride 340.2 ,,, 20
MBAS 425.1 45
Nitrate 300.0 353.2 45
Nitrate/Nitrite 353 '" 2D
Nitrite 300.D 353.2 354.1 ,,,
20
Nitronen Total Kieldahl 351.2 351.2 Modified 45
Oil-Grease (Gravimetric lR' 413.1 413.2 Modified 45
Paint Filter 9095 20
Petroleum Hvdrocarbons IlR) 418.1 418.1 Modified 45
oH 150.1 9040 9D45 15
Phenolics Total 420.1 420.2 9065 9066 6D
Phosphate Ortho 365.1 365.3 30
Phosohorus Total 365.3 365.3 Modified 30
Residual Chlorine 330.5 - 30
Solids Settleable 160.5 20
Solids Total 160.3 20
Solids Total Dissolved 160.1 20
Solids Total Susnended 160.2 - 20
Sulfate 375.2 375.4 ,,,
300.0 20
Sulf ide 376.1 376.2 9030 30
Total Oraanic Carbon ITOC' 415.2 9060 ASA 90-3.214) 65
Total Oroanic Halides ITOX} 9020 9020 85
Total and Fecal Coliform SM 9221 28
Turbiditv 180.1 20
'"
Methods referenced (unless noted as "Modified") are from U.S. E.P.A. Methods for
Chemical Analysis of Water and Wastewater, EPA-600/4-79-020, 1979.
Methods referenced (unless noted as "Modified") are from U.S. E.P.A. Test Methods for
Evaluating Solid Wastes, SW-846, 3rd Edition, 1986 & Updates.
'"
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
Page 9
/t?~~/
'31
Analytes can be analyzed on a 1 :10 soil to water leachate.
preparation charge will be assessed per sample.
Methods referenced are from Methods of Soil Analysis, American Society of Agronomy
(ASA), 1965.
An additional $25 leachate
,..
ORGANIC ANALYSES
Method NUllberlsl
GrOUndwatercl
Drink~'IIl Water, Soils. 5,q,li unitSl
Para.eter Water Wastewater(21 Waste Cost $
Gas Chro.atonranhv 'Gel
Volatiles:
. Aromatic 503.1 602 8020 140
. HalORenated 502.1 601 8010 140
. Non- alo~enated - - 8015 By ~uote
. Halogena ed and 502. 1 ~ 503. 1 601/69'f 8010/8020 1 5
Aromatic Volatile 50 .2 80211 8021 200
or~anics
. Ha ogenated and
Aromatic Volatile
Organics
Semi-Volatiles:
. HerolClaes
Chlorinated 515 815 8150 225
Triazine - 619 619 Modified 250
. Organochlorine 508 608 8080 175
Pesticides and PCBs
. Pesticides 504 - 504 Modified 75
DBCP 504 - 504 Modified 75
EDB 504 - 504 Modified 135
DBCP and EDB 514 614 8140 250
Organophosphorus - 604 8040 250
. Phenols - 606 8060 250
. Phthalates
. pol~ChlO rinated 508 608 8080 120
Bip enyls ~PCBSI onl1 - - 8080 80
Wl~e, ater, SOl
Oi
Gas Chrooatooraohv IMass Soectro.eter IGC/MS
Volatiles:
. vO.latile Organics - 624 8240 250
~VOAi 524.2 - 8260 250
. (fl~lile Organics
VOA
Semi-Volatiles:
. ~~~~.YO.la~fl~\ 525 625 8270 358
Or anlCS BNA
Hinh Perfor.ance linuid Chrooatonraohv IHPLCl
Formaldehyde and - 8315 8315 200
Acetaldehyde Modif ied
Carbamate Pesticides - 632 632 Modified 225
Nitroaromatics and - - 8330 225
Nitroamines
Polynuclear A~pma~fc - 610 8310 200
Hvdrocarbons PNAs
'"
Methods referenced are from Methods for the Determination of Organic Compounds in
Drinking Water, EPA-600/4-88-039, December 1988 Supplement, EPA-600/4-90-020, July
1990.
'"
Methods referenced (unless noted as "Modified") are from u.s. E.P.A. Methods for
Chemical Analysis of Water and Wastewater, EPA-600/4-79-020, 1979.
Methods referenced (unless noted as "Modified") are from u.s. E.P.A. Test Methods for
Evaluating Solid Wastes, SW-846, 3rd Edition, 1986 & Updates.
'"
,<I
Methods referenced are from Methods of Soil Analysis, American Society of Agronomy
(ASA) , 1965.
RADIOCHEMISTRY ANALYSES(1)
Exhibit A to Field Screening Agreement: WOOdward-Clyde Consultants
Page 10
)(J;JlJ..
Method Nu.berls'
Unit
Analvsis Tvpe Water(21 Vegeta- '1'$slt
Soil tion
Alpha Spectro.etrv IASl
Isotopic Uranium ~U-238 U-234 U-235~ 907.0 AT! SOP AT! SOP 145
Isotopic Thorium Th.2283 Th-2303 Th- 32) 907.0 AT! SOP AT! SOP 145
IsotO~iC Plutonium (Pu-2 8, Pu-2 9, 907.0 AT! SOP AT! SOP 145
Pu- 40) 907.0 - - 145
Am-241 AT! SOP AT! SOP AT! SOP 145
Po-210
Ga..a Soectro.etrv (GS\
Am-241 - 901.1 AT! SOP 75
Gamma Isotopic 901. ) AT! SOP AT! SOP 75
Ra-226 901.1 31 - - 145
Ra-226 901.1 (31 901.1 AT! SOP 75
Ra-228 - - 145
Ra-228 901.1 AT! SOP 75
Ra-226 Ra-228 901.1 (31 - - 145
Gas Flow ProDortional Countino IGFPl
Gross Alpha 900.0 AT! SOP AT! SOP 45
Gross Beta 900.0 AT! SOP AT! SOP 50
Gross Alpha/Beta 900.0 AT! SOP AT! SOP 55
Pb-210 AT! SOP AT! SOP AT! SOP 145
Sr-89, Sr-90 905.0 AT! SOP AT! SOP 135
Total Radium 903.0 - - 75
Total Radium - 903.0 - 100
Total Uranium 908.0 - - 75
Total Uranium - 908.0 - 100
liauid Scintillation (LSl
C-14 AT! SOP - - 60
C-14 - AT! SOP - 100
Rn-222 AT! SOP - - 50
Tritium 906.0 - - 50
Tritium - 906.0 - 75
Other Beta Emitters by Li~Uid Tc-99l - Various Various 145
Scintillation'"iI-129 Ni- 3 Fe-55
'"
All radiochemistry analyses are performed at Analytical Technologies, Incorporated's
Fort Collins, Colorado facility.
Methods referenced are from U.S. E.P.A. Methods for Prescribed Procedures for
Measurement of Radioactivity in Drinking Water, EPA-600/4-80-032, 1980.
Sulfate Precipitation Procedure, B. Kahn et aI, Health Physics 59, No.1, July 1990,
pp. 125-131.
'"
'"
Additional radioanalyses available upon request.
A sample screening charge of $20.00 per sample will be assessed for each sample known or
suspected to contain radioactivity.
All samples contaInIng mIxed waste WIll be returned to the client. Samples containing
radIoactIvIty WIll be dIsposed of by AnalytIcal TechnologIes, Inc. (subconsultant) at a
cost of $15.00 per sample container (up to one kilogram), or returned to the client at the
cost of shipping plus ten percent.
All analysis prices include sample preparation.
(X) In the event this agreement is extended pursuant to
Paragraph VIII.D, then the above unit costs will apply to
the first extension only. unit costs for the second
extension shall be as mutually agreed upon by City and
Consultant.
Exhibit A to Field screening Agreement: Woodward-Clyde Consultants
/d- tf:J
Page 11
XIII.
Contract Administrators:
city:
John P. Lippitt, Director of Public Works
Department of Public Works
276 Fourth Avenue
Chula vista, California 91910
(619) 691-5021.
Consultant:
Marc Anderson, P.E.
Woodward-Clyde Consultants
Sunroad Plaza 3
1615 Murray Canyon Road, suite 1000
San Diego, California 92108
(619) 294-9400
XIV. Liquidated Damages Rate:
( )
(X)
$
Other:
per day.
None.
XV. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
FPPC Filer
(
(
Category No.1.
Investments and sources of income.
Category No.2.
Interests in real property.
( Category No.3. Investments, interest in real property
and sources of income subject to the regulatory,
permit or licensing authority of the department.
() Category No.4. Investments in business entities and
sources of income which engage in land development,
construction or the acquisition or sale of real
property.
() Category No.5. Investments in business entities and
sources of income of the type which, within the past
two years, have contracted with the City of Chula vista
(Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
() Category No.6. Investments in business entities and
sources of income of the type which, within the past
two years, have contracted with the designated
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
/&'o/~
Page 12
employee's department to provide services, supplies,
materials, machinery or equipment.
( Category No.7. Business positions.
() List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
XVI. ( Consultant is Real Estate Broker and/or Salesman
XVII. Permitted Subconsultants:
Analytical Technologies, Inc.
5550 Morehouse Drive
San Diego, California 92121
Voice Phone (619) 458-9141
FAX Phone (619) 558-2389
Environmental Engineering Laboratory
3538 Hancock Street
San Diego, California 92110
Voice Phone (619) 298-6131
FAX Phone (619) 298-6141
Pacific Treatment Environmental Services, Inc.
1452 North Johnson Avenue
El Cajon, California 92020
Voice Phone (619) 441-1818
FAX Phone (619) 441-2691
XVIII. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(X) Monthly
() Quarterly
() Other:
B. Day of the Period for submission of Consultant's Billing:
() First of the Month
() 15th Day of each Month
(X) End of the Month
() Other:
C. City's Account Number: 227-2271-5201
Exhibit A to Field Screening Agreement; Woodward-Clyde Consultants
JP~~>
Page 13
XIX. Security for Performance
() Performance Bond, $
() Letter of Credit, $
() Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then
notwithstanding other provisions to the contrary requiring the
payment of compensation to the Consultant sooner, the city shall
be entitled to retain, at their option, either the following
"Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has
occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other: Delivery and Acceptance of Reports
Exhibit A to Field Screening Agreement: Woodward-Clyde Consultants
I~...~t
Page 14
EXHIBIT A
ATTACHMENT 1
DRY WEATHER DISCHARGE
FIELD SCREENING LOCATIONS
outfall I.D. Outfall Location
SUN-01
SUN-02
BLC-01
OLR-01
OLR-02
OLR-03
WIL-01
WIL-02
GLA-01
GLA-02
RCC-01
Chula vista Municipal Golf Course
Southwest Corner of Intersection
of Bonita Road and Central Avenue
East "H" Street and SR-125 R.O.W.
Chula vista Municipal Golf Course
North of Intersection of Bonita
Road and Acacia Avenue
Chula vista Municipal Golf Course
North of Intersection of Bonita
Road and Villas Drive
Chula vista Municipal Golf Course
North of Intersection of Bonita
Road and Otay Lakes Road
Chula vista Municipal Golf Course
North of Intersection of Bonita
Road and Otay Lakes Road
Chula Vista Municipal Golf Course
Along Sweetwater Road, Approx.
750 Feet Northeast of Intersection
with willow Street
Chula vista Municipal Golf Course
75' West of willow Street Bridge
at Sweetwater River
North Side of Bonita Road at
Intersection of Bonita Road and
Randy Lane
North Side of Bonita Road Across
from 3252 Bonita Road (State Farm
Insurance Building)
500 Feet South of Bonita Road,
East of Interstate 805 and West
of Lynwood Drive
-1-
/tJ-J/ 7
Comments
At Base of Slope
Box Culvert
36" RCP Outfalling
to Box Culvert at
OLR-02
58" CMP Outfall
Four 30" CMPs
Four 54" RCPs
EXHIBIT A
ATTACHMENT 1
DRY WEATHER DISCHARGE
FIELD SCREENING LOCATIONS
Outfall 1.0. Outfall Location
RCC-02 North of Intersection of East "H"
street and Kernel Court
SVS-01 Rear of Ramada Inn Parking Lot
North of Bonita Road and West of
Interstate 805 in CalTrans R.O.W.
SWR-01 First Avenue and "0" street
SWR-02
SWR-03
CEN-01
CEN-02
CEN-03
TCC-01
TCC-02
TCC-03
SCR-01
POG-01
End of Las Flores Drive (at cul-
de-sac)
Along Fourth Avenue, South of "C"
Street at Southern Boundary of
Park
South of "H" Street and East of
Interstate 5 and Railroad Tracks
36" RCP Which Discharges to the
Concrete Channel at Outfall CEN-01
South of "J" Street and East of
Interstate 5 and Railroad Tracks
Telegraph Canyon Channel - West of
Bay Boulevard
Telegraph Canyon Channel - West of
Intersection of Hilltop Drive and
Telegraph Canyon Road
Telegraph Canyon Channel - West of
Eastlake Parkway and North of
Telegraph Canyon Road
North of Telegraph Canyon Road
and East of Hunte Parkway
South of otay Valley Road and
West of Melrose Avenue
-2-
ItJ,~y
Comments
90" Outfall Upstream
of Desilting Basin
Fence
A.C. Ditch
Eucalyptus Park
(General Roca Park)
Concrete Channel
Access from "K" st.
and Colorado Avenue
Drainage Easement on
SDG&E Property
Hilltop Park
108" Outfall to
Detention Basin
Access via otay
Ranch Private Road
Sample at Box Cul-
vert from Park Side
EXHIBIT A
ATTACHMENT 1
DRY WEATHER DISCHARGE
FIELD SCREENING LOCATIONS
Outfall 1.0. Outfall Location
POG-02 End of Eastlake Parkway on West
Side of Street at 60" Outfall
JUD-Ol South of Intersection of Fresno
Avenue and Main Street
JUD-02
PRD-Ol
PRD-02
BAY-Ol
BAY-02
BAY-03
SWB-Ol
SWB-02
OVR-Ol
OVR-02
OVR-03
OVR-04
Southwest Corner of Intersection
of Reed Court and Main Street
South of Main StreetjOtay Valley
Road and West of Walnut Avenue
West of Aries Court and 500' South
of East Rienstra Street within
SDG&E Easement
Across from 1075 Bay Boulevard
West of Intersection of Palomar
Street and Bay Boulevard
West of Intersection of Ada Street
and Bay Boulevard
Frontage Road, South of Ada Street
East of Beyer Boulevard and North
of Bridge at Southern city Limits
South Side of Otay Valley Road and
700' East of Brandywine Avenue
South Side of Otay Valley Road and
700' East of Brandywine Avenue
South Side of Otay Valley Road and
700' East of Brandywine Avenue
South Side of Otay Valley Road and
200' East of Nirvana Avenue
-3-
/~.. J./f:!
Comments
Eastlake Greens
Box Culvert
At Culvert
96" RCP Outfall
Double 48" RCP
Double 18" CMP
Wooden Box Culvert
Pipe Outfall within
Public RoOoWo
Outfall to Otay
River
Westernmost Pipe at
Headwall
center Pipe at
Headwall
Easternmost Pipe at
Headwall
48" RCP
EXHIBIT A
ATTACHMENT 1
DRY WEATHER DISCHARGE
FIELD SCREENING LOCATIONS
outfall 1.0. Outfall Location
OVR-05 South Side of Otay Valley Road and
200' East of Nirvana Avenue
OVR-06 South Side of Otay Valley Road and
200' East of Nirvana Avenue
OVR-07 South Portion of Property at 1875
Nirvana Avenue
OVR-08 South Portion of Property at 1875
Nirvana Avenue
OVR-09 South Portion of Property at 850
Energy Way
-4-
/
/P-ft)/IO-51
Comments
Double 42" CSP
24" CSP
Westernmost Pipe
city Easement - Pipe
at Base of 30' Slope
Easternmost Pipe
City Easement - Pipe
at Base of 30' Slope
city Easement - Pipe
at Base of 35' Slope
EXHIBIT A
Attachment 2
(On file in the office of the City Clerk)
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EXHIBIT A
ATTACHMENT 3
FIELD SCREENING DATA SHEET
Sheet No.:
Outfall 1.0. No.:
Date:
Time:
Sample No.:
General Information
Inspection
Weather:
Time Since
Team
Sunny
Last Rain:
Cloudy
> 72 Hours
WIndy Hot
< 72 Hours
Cold Raln FOQ Other
Quantity of Last RaInfall > 0.1 Inch
< 0.1 Inch
onveyance ype:
Observed Land Use in
Open Channel
Concrete
Vicinity:
Manhole Outfall
Steel Grassed Rock
Industrial Commercial
Other
Other
Residential
Unknown
Other
...l.OW I:Sl.Lln8l.lUI1
I"'l.UW uuservea.
Bucket Method
Gallons Collected
yes
NO
Approx.
I",nanrl8J. YV.lOUI or' t".lpe U.Laml:nel
Area/Velocitv Method
Average Depth (ft)
Average Width (ft)
Distance (ft)
Time (seconds)
Flow Rate (gpm)
Time (seconds)
Flow Rate (cfs)
Color:
Clarity:
Floatables:
Deposits/Stains:
Vegetation Condition:
Structural Condition:
Biological:
Are any unusual pipes
t'noLU laKen. res
None Musty
Earthy
Clear
Clear
None
None
None
I~O
Sewage
t'no LO I~UI1lDer
Rotten Eggs
Sour MIlk
tiOll Numoer'
Gasoline
Putrescence
VIsual UDservaLIon
Odor:
Chemical Chlorine Soap Other
White Red Yellow Brown Green
Cloudy Opaque Suspended Solids
Oily Sheen Garbage/Sewage Suds
Sediments Oil Other
Normal Excessive Growth
Gray
Other
Scum
Other
Other
InhIbIted Growth
Normal Concrete Cracking/spalling Metal Corrosion Other
Mosquito Larvae Bacteria/Algae Dead Animals Other
or ditches visible from the sample location? Yes No
Is there any overland flow visible from the sample location?
Yes
No
LaDoraLor y ~ample ~011eCLeu.
res
NO
{11 yes, allacn copy 01 Cllalll-Ol -CUSLOUY feCUIU}
r-le10 Analvses
Initials
Initials
Water Temp (e)
pH
Total Phenol (mg/l)
Detergents (mg/l)
Other
Total Chlorine
Total Copper (mg/l)
Ammonia (mg/l)
Glycol (mg/l)
Comments
Data Sheet FIlled Out By (Signature)
I~" >,.:J..