Municipal Stormwater Permit Consultant ServicesOWN aP
MEETING DATE: 06/18/12
ITEM NO: ' u
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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.