Loading...
Municipal Stormwater Permit Consultant ServicesOWN aP MEETING DATE: 06/18/12 ITEM NO: ' u i t �p� L COUNCIL AGENDA REPORT DATE: JUNE 7, 2012 TO: MAYOR AND TOWN COUNCIL ' n FROM: GREG LARSON, TOWN MANAGER SUBJECT: PPW JOB NO. Al2 -006 — MUNICIPAL STORMWATER PERMIT CONSULTANT SERVICES AUTHORIZE THE TOWN MANAGER TO EXECUTE A PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH EOA INC. FOR A TWO - YEAR PERIOD TO PERFORM A MUNICIPAL STORMWATER PERMIT PEER REVIEW FOR PRIVATE DEVELOPMENT PROJECTS AND STORMWATER DESIGN FOR PUBLIC WORKS PROJECTS AS NEEDED. RECOMMENDATION Authorize the Town Manager to execute a professional consultant services agreement with EOA Inc. for a two -year period to perform a municipal stormwater permit peer review for private development projects and stormwater design for public works projects as needed. BACKGROUND Professional consultants have been utilized by the Town of Los Gatos to assist staff with the review of environmental, architectural, geology, traffic, municipal stormwater permits, building plan check, and arborist issues related to private development projects. These consultant contracts are reviewed by the appropriate Town department and staff to ensure the Town is satisfied with the services provided and that the Town receives quality service. All of the municipalities in Santa Clara County operate and manage their storm water system under a regional stormwater permit from San Francisco Regional Water Quality Control Board ( SFRWQCB). This permit is based on the Federal Clean Water Act and is revised regularly by SFRWQCB as environmental and clean water regulations change. The review and implementation of this stormwater permit for private development projects has been performed by consultants in the past primarily since there has not been staff capacity to undertake this assignment. PREPARED BY : TODD CAPURSO Director of Parks and Public Works Reviewed by: Assistant Town Town Attorney Finance N:\PPW\MANAGEM l \COUNCILREPORTS12012 ReportsUune18\P12- 006.Stomrwater. permit. consultant.EOA.peer.review,docx PAGE JUNE 7, 2012 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. Al2 -006 — MUNICIPAL STORMWATER PERMIT CONSULTANT SERVICES DISCUSSION: The Town purchasing policy states that on -going consultant contracts cannot be extended for more than five years. This is to ensure that the Town regularly evaluates such contracts and is receiving the best services possible. The consulting firm of EOA Inc. has been providing municipal stormwater permit peer review to the Town since 2003, and their current contract expires June 30, 2012. Staff prepared a new Request for Proposal for stormwater permit peer review services which was advertised in local newspapers according to Town guidelines. In response to this advertised Request for Proposal, the Town received one proposal, from EOA Inc. The unique geography of Los Gatos creates challenges in implementation of the SFRWQCB. This firm is very familiar with the Town and its stormwater permit. Staff has been very satisfied with the service and expertise demonstrated by EOA Inc. in review of private development projects and implementation of SFRWQCB permit as it relates to such projects. Additionally, situations may arise when supplemental outside resources are required to analyze or review Town projects. This consultant may also be used to provide those services on a project by project basis. CONCLUSION It is recommended that the Town Council authorize the Town Manager to execute a Professional Services Agreement for the period of two years with EOA Inc., to perform Stormwater Permit Peer Review for private development projects and stormwater design for public projects. ENVIRONMENTAL ASSESSMENT The project is Categorically Exempt pursuant to Sections 15301 (c), 15303(e) and 15304(b) of the State CEQA guidelines. FISCAL IMPACT The work by EOA Inc. will be for private development projects and will be fully funded by private developers, for any public works project design work will be performed after appropriate funding is allocated. Attachments 1. Proposal from EOA Inc. dated April 30, 2012. Lao Eisenberg, Olivieri & Associates Environmental and Public Health Engineering April 30, 2012 Mr. Kevin Rohani Engineering Department Town of Los Gatos P.O. Box 949 41 Miles Avenue Los Gatos, CA 95031 Attachment I Subject: Proposal to Assist the Town of Los Gatos with Implementation of Tasks Related to Stormwater Permit Provision C.3. (New Development and Redevelopment Requirements) Dear Mr. Rohani: Per your request, we are pleased to provide this proposal to continue to assist you with implementation of tasks related to compliance with Provision C.3 of the Town's stormwater NDPES permit regulating new development and redevelopment projects. Scope of Work EOA will assist the Town to perform regulatory reviews of development project applicant submittals to determine the requirements for the development project relative to the latest adopted Town of Los Gatos NPDES Municipal Stormwater Permit Provision C.3. and the Town of Los Gatos Storm Water Pollution Prevention Ordinance, and whether the project submittals demonstrate compliance with these requirements as we understand them. The reviews may include determination of Provision C.3. applicability, review of design criteria and sizing calculations, and meetings with the Town and/or project applicants as needed, up to the designated budget. Additional Services EOA is also qualified and willing to perform the following services, or other related services, as needed and directed by the Town: • Review current Town development review procedures and related policies and ordinances, and make recommendations for and assist with updates for C.3. compliance; • Provide training to Town staff on how to implement specific procedures at the Town to comply with the C.3. requirements; • Present information to Town managers or elected officials regarding new stormwater permit requirements and how the Town is complying with the requirements. Compensation For review of development projects, we propose to continue the current process of compensation. Upon receipt of the required deposit from the project applicant, the Town will issue a Letter of Authorization to EOA to perform a regulatory review of a specific project, up to a designated budget amount. EOA will EOA, Inc. • 111 West Evelyn Ave., Suite 110 • Sunnyvale, CA 94086 • Tel: (408) 720 -8811 ® Fax: (408) 720 -8812 Mr. Kevin Rohani April 30, 2012 Page 2 of 4 perform these services on a time and expense reimbursement basis, up to the designated budget amount for each project, according to the attached Fee Schedule, and will not exceed the designated budget without prior authorization by the Town. EOA will invoice services on a time and expense reimbursement basis and submit invoices to the Town monthly. Payment shall be net 30 days. We have attached our 2012 rate schedule. The rate schedule will be updated at the beginning of each calendar year. Qualifications and Experience EOA has assisted the Town since 2009 with development project reviews for compliance with Provision C.3. We previously helped the Town prepare for C.3. implementation, including training and assistance with ordinance development, during the period 2003 -2004. In addition, EOA, Inc. has served as the Program Manager for the Santa Clara Valley Urban Runoff Pollution Prevention Program (of which the Town is a member) since 1998, and I have been and continue to be the lead staff person for the Program's implementation of the new development and redevelopment requirements in the Program's NPDES permit. EOA has also assisted several other agencies in Santa Clara County with development project reviews, training and other C.3 implementation tasks. Project Team I will be the Project Manager and primary contact person for the Town. I will be assisted by EOA staff Kristin Kerr, P.E., QSD and Laura Prickett, AICP, both of whom have experience assisting municipalities with implementation of stormwater requirements for new development and construction. All project reviews will be conducted under my direction and final review. Resumes for EOA staff can be provided upon request. I look forward to continuing to work with you and your staff and assisting the Town with permit compliance needs. Very truly yours, Jill C. Bicknell, P.E. Managing Engineer Enclosures Los Gatos C3 Letter Proposal 4 -30 -12 v2.doc If A69 Eisenberg, Olivieri & Associates Environmental and Public Health Engineering 2012 FEE SCHEDULE The following fee schedule covers personnel rates for EOA, Inc. staff. Our charges are divided into two categories: personnel, and outside direct expenses. A new fee schedule is issued at the beginning of each year. Charges for all work, except where other arrangements have been made, are based on the new schedule of charges. PERSONNEL Personnel charges are for any technical, clerical or administrative work necessary to perform the project. Work tasks include geologic and environmental consulting, engineering and computer services, regulatory liaison, and report preparation. Personnel rates are as follows: Personnel Category Hourly Rate Principal $227 Manager of Operations $220 Managing Engineer /Scientist III $220 Managing Engineer /Scientist II $209 Managing Engineer /Scientist 1 $199 Senior Engineer /Scientist III — Project Leader $183 Senior Engineer /Scientist/Planner II $168 Senior Engineer /Scientist/Planner 1 $153 Associate Engineer /Scientist 11 $138 Associate Engineer /Scientist 1 $117 Technician $ 93 Clerical /Computer Data Entry $ 66 Charges for professional services are in increments of one quarter -hour. Depositions /legal testimony charged portal -to- portal, at 200% of standard rates, with a four -hour minimum charge. In accordance with California Civil Procedure 2037.7, where applicable, the 2012 FEE SCHEDULE (Continued) minimum fee must be paid prior to commencement of testimony. Preparation for court cases is charged on a time - and - materials basis as outlined in this fee schedule. OUTSIDE DIRECT EXPENSES Reimbursement for expenses directly related to services provided will be charged at cost plus 10 %. Examples of such direct expenses include: • Costs of sub - consultants or subcontractors • Costs of special fees (insurance, permits, etc.) • Costs of long- distance telephone, copying, drafting, blueprints, etc. (EOA copies charged at $ 0.10 each) • Costs or rental of special equipment • Costs of authorized travel outside Bay Area • Automobile mileage directly related to services (at allowable IRS rate, currently $0.55 1mile) INVOICES Invoices are prepared and submitted on a monthly basis, as either final or progress billings and are payable upon receipt unless prior arrangements have been made. Interest of 1 -1/2% per month, orthe maximum rate allowed by law, is payable on accounts not paid within 30 days.