AMEC Foster Wheeler - NPDES Compliance Services - Amendment No. 1FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN
CITY OF GILROY AND AMEC FOSTER WHEELER ENVIRONMENT &
INFRASTRUCTURE, INC. FOR NPDES COMPLIANCE SERVICES
DATED OCTOBER 1, 2014
WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and Amec Foster Wheeler
Environment & Infrastructure, Inc. entered into that certain agreement entitled "Agreement for
Services ", effective on October 1, 2014, hereinafter referred to as "Original Agreement "; and
WHEREAS, City and Amec Foster Wheeler Environment & Infrastructure, Inc. have
determined it is in their mutual interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1. Article 1, "Term of Agreement" of the Original Agreement shall be amended to read as
follows:
"This Agreement will become effective on July 1, 2015 and will continue in effect through
June 30, 2017 unless terminated in accordance with the provisions of Article 7 of this
Agreement."
2. Article 4, Section A "Compensation" of the Original Agreement shall have the second sentence
to remain as follows:
"In no event however shall the total compensation paid to CONSULTANT exceed
$200,000.00.
3. Exhibit `B" (Scope of Services) of the Ori final Agreement shall be amended to include the
Amec Foster Wheeler Environment & Infrastructure, Inc. service proposal for work through June 30,
2017.
4. Exhibit "C" (Milestone Schedule) of the Original Agreement shall be amended to include
schedule of additional tasks to be performed through June 30, 2017.
5. Exhibit "D" (Payment Schedule) of the Original Agreement shall be amended to add updated
rates and charges for Amec Foster Wheeler Environment & Infrastructure, Inc. and their sub -
consultants.
6. This Amendment shall be effective on July 1, 2015.
7. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall control.
8. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
4845 - 8215.5540x1 -1-
MDOLINGER104706083
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
CITY ROY
By:
[si ature]
Thomas J. Haglund
[employee name]
City Administrator
[title/department]
Date: jiD/tto /�s
Approved as to
Attorney
AMEC FOSTER WHEELER ENVIRONMENT &
INFRASTRUCTURE, INC.
By.
[signature]
Kenn Conner, PE, PMP
[name]
Oakland/San Francisco Office Manager
[title]
mate:
4845- 8215 -55400
MDOLINGER \04706083 -2-
EXHIBIT "B"
SCOPE OF SERVICES
October 2, 2015
Project OD14170910
Ms. Maria Angeles
Development Engineer
City of Gilroy
Public Works Department
7351 Rosanna Street
Gilroy, California 95020
Subject: NPDES Compliance Services for Fiscal Year 2015 - 2016
City of Gilroy Public Works Department
Gilroy, California 95020
Dear Ms. Angeles:
I T.
amec 4t
foster
wheeler
Amec Foster Wheeler Environment & Infrastructure, Inc. (Amec Foster Wheeler) has prepared
this proposal for the Public Works Department of the City of Gilroy ( "the City ") to assist the City
with its compliance with the National Pollutant Discharge Elimination System ( NPDES) permit
regulating stormwater discharges from Small Municipal Separate Storm Sewer Systems ( "MS4 ")
issued by the State Water Resources Control Board ( "the Phase II Permit "). The proposal is for
an increase of $200,000 to our existing contract with the City, for a total contract authorization of
$300,000, with an extension of the contract completion date to June 30, 2017.
BACKGROUND
Amec Foster Wheeler submitted a proposal to the City on April 17, 2015, describing the plan to
complete required NPDES stormwater compliance services during the 2014 — 2015 Fiscal Year.
The tasks and budget originally submitted for the 2014 — 2015 Fiscal Year (FY) are shown
below.
Task
Cost Estimate
Task A
E.6 Program Management
$24,487
Task B
E.10 Construction Site Investigation and Enforcement Support — Smart
Phone and Two Site Visits
$7,000
Task C
E.12 Post - Construction Stormwater Management Program: LGA and
Training on LID Guidance
$20,000
Task D
E.12 Post - Construction Stormwater Management Program: Inspection
Protocols
$10,000
Task E
EA 1 Pollution Prevention — Good Housekeeping for Permittee
Operations
$6,000
Task F
E.14 Program Effectiveness Assessment and Improvement
$27,500
Contingency
$5,000
Total
$99,987
Amec Foster Wheeler Environment & Infrastructure, Inc.
180 Grand Avenue, Suite 1100
Oakland, California 94612 -3066
USA
Tel (510)663 -4100
Fax (510) 663 -4141
amecfw.com
Ms. Maria Angeles
City of Gilroy
October 2, 2015
Page 2
The scope of work for tasks to be completed in FY 2015 — 2016 is presented below. The
detailed scope of work and budget for FY 2016 — 2017 tasks will be determined during the
coming year; however, the annual budget proposed for each fiscal year is $100,000.
SCOPE OF WORK
The details of new tasks to be performed in FY 2015 — 2016 are described below.
Task A — E.6. Program Management
Activities scoped under this task include leadership in Phase II Permittee meetings with Gilroy,
Morgan Hill, and south Santa Clara County, as directed by City staff. To the extent possible,
meeting participation and coordination will take place by phone. Additional tasks include
interaction with subcontractors, City staff, and the Central Coast Regional Water Quality Control
Board (Regional Board) staff, as well as reviewing budgets and invoices and preparing monthly
status reports. This task includes supporting City staff in the submittal of the Annual Report,
assisting City staff with negotiation of submittal deadlines to the Regional Board, and supporting
City Staff in pursuit of grant funding.
Task B — EA0 Construction Site Investigation and Enforcement Support
AMEC Foster Wheeler has already been authorized in FY 2014 -2015 to develop a "doForms"
hand -held application to streamline the City's inspections and increase overall efficiency by
allowing the City to print out inspection reports to mail to entities and query information needed
for reporting and enforcement.
In FY 2015 — 2016, new budget authorized under this proposal will be used to perform
inspections totaling up to two working days. The primary purpose of these additional working
days will be to train the City's inspector on use of the doForms and follow up with support in
response to questions.
Task C — E.12 Post - Construction Stormwater Management Program:'Landscape Code
Gap Analysis and Training on the LID Guidance Manual
No new activities beyond those authorized in the FY 2014 — 2015 budget are proposed for FY
2015 — 2016 for this task.
Task D — Item # 16 E.12 Post- Construction Stormwater Management Program: Inspection
Protocols
No new activities beyond those authorized in the FY 2014 — 2015 budget are proposed for FY
2015 — 2016 for this task.
Task E — E.11 Pollution Prevention /Good Housekeeping for Permittee Operations
No new activities beyond those authorized in the FY 2014 — 2015 budget are proposed for FY
2015 — 2016 for this task.
Amec Foster Wheeler
Ms. Maria Angeles
City of Gilroy
October 2, 2015
Page 3
Task F — E.14 Program Effectiveness Assessment and Improvement
Regional Board staff distributed a summary of their requirements for stormwater monitoring and
effectiveness assessment on April 7, 2015. That summary established the basis for our April 17,
2015 proposal to complete FY 2014 — 2015. City staff met with Regional Board staff, along with
AMEC Foster Wheeler and subconsultant Armand Ruby on May 15, 2015, during a Regional
Board audit of the City's permit implementation. That meeting clarified Regional Board
expectations and priorities.
Based on feedback from the Regional Board and discussions with City Staff, Amec Foster
Wheeler will complete the following activities under this Task F in FY 2014 -2015:
• Prepare an outline of a Program Effectiveness Assessment and Improvement Plan
( PEAIP). The PEAIP is to be submitted to the Regional Board October 15, 2015. A cost
assumption is that the PEAIP will be completed in the 2015 — 2016 Fiscal Year.
• Review webinar materials provided by the Regional Board that describe expectations for
catchment mapping.
• Review existing graphic information systems (GIS) layers that will be provided to Amec
Foster Wheeler by the City to assess suitability for catchment mapping for the PEAIP.
• Begin catchment delineation based on contours, and superimpose those catchments
with GIS layers showing outfalls, land use in catchments, creeks and channels, and the
City's storm drain network. The City's GIS contractor will provide,Amec Foster Wheeler
with GIS layers showing contours, land use boundaries, creeks and channels, and the
storm drain network.
The following activities will be completed under this Task F in FY 2015 — 2016:
• Prepare a draft and final PEAIP based on the outline developed in FY 2014 — 2015.
• Complete catchment delineation and mapping requirements according to Regional
Water Quality Control Board guidance. This may include delineating potential pollutant
sources and best management practices. The degree of detail representing pollutant
sources and BMPs will depend on the amount of budget left after catchment delineation
is completed.
• Based progress and Regional Board review and comment, provide input to the City as to
the scope of additional services the City needs from its GIS contractor to provide GIS
layers and maps that meet Regional Board expectations for the PEAIP.
The scope and budget for developing a Wasteload Allocation Attainment Program, previously
described under this task, are now defined under a separate, new Task G below. The scope
and budget for developing a monitoring plan and quality assurance project plan, previously
described under this task, are now defined under a separate, new Task H below.
Amec Foster Wheeler
Ms. Maria Angeles
City of Gilroy
October 2, 2015
Page 4
Task G — Attachment G Wasteload Allocation Attainment Program
Under the 2015 — 2016 budget authorization, Amec Foster Wheeler will develop a draft and final
WAAP. The budget assumes that the draft WAAP will be reviewed by City Staff, but not by the
Regional Board.
The requirement to develop a Wasteload Allocation Attainment Program is described in
attachment G of the permit. The permit states that Wasteload Allocation Attainment Programs
shall include:
1. A detailed description of the strategy the MS4 will use to guide BMP selection,
assessment, and implementation, to ensure that BMPs implemented will be effective at
abating pollutant sources, reducing pollutant discharges, and achieving wasteload
allocations according to the TMDL schedule.
2. Identification of sources of the impairment within the MS4's jurisdiction, including specific
information on various source locations and their magnitude within the jurisdiction.
3. Prioritization of sources within the MS4's jurisdiction, based on suspected contribution to
the impairment, ability to control the source, and other pertinent factors.
4. Identification of BMPs that will address the sources of impairing pollutants and reduce
the discharge of impairing pollutants.
5. 'Prioritization of BMPs, based on suspected effectiveness at abating sources and
reducing impairing pollutant discharges, as well as other pertinent factors.
6. Identification of BMPs the MS4 will implement, including a detailed implementation
schedule.
7. A detailed description, including a schedule, of a monitoring program the MS4 will
implement to assess discharge and receiving water quality, BMP effectiveness, and
progress towards any interim targets and ultimate attainment of the MS4s' wasteload
allocation.
8. A detailed description of how the MS4 will assess BMP and program effectiveness. The
description shall incorporate the assessment methods described in the CASQA
Municipal Storm water Program Effectiveness Assessment Guide.
9. A detailed description of how the MS4 will modify the program to improve upon BMPs
determined to be ineffective during the effectiveness assessment.
10. A detailed description of information-the MS4 will include in annual reports to
demonstrate adequate progress towards attainment of wasteload allocations according
to the TMDL schedule.
11. A detailed description of how the MS4 will collaborate with other agencies, stakeholders,
and the public to develop and implement the Wasteload Allocation Attainment Program.
12. Any other items identified by Integrated Report fact sheets, TMDL Project Reports,
TMDL Resolutions, or that are currently being implemented by the MS4 to control its
contribution to the impairment.
Task H — E.13 Monitoring
Under the FY 2014 — 2015 budget authorization, AMEC Foster Wheeler will develop a
monitoring plan and quality assurance program plan (QAPP) for submittal to the Regional Board
Amec Foster Wheeler
Ms. Maria Angeles
City of Gilroy
October 2, 2015 .
Page 5
by the negotiated date. The monitoring plan and QAPP will address bacteria and sediments,
which are the two pollutants with established TMDL plans identified in Attachment G of the
permit.
Under the FY 2015 - 2016 budget authorization, Amec Foster Wheeler will implement the
monitoring plan.
Task I - E.9 Dry Weather Flow Investigations
Provision E.9 includes the requirement to eliminate all unauthorized dry weather discharges to
the MS4 system. Under the FY 2014 - 2015 budget authorization, AMEC Foster Wheeler's
subcontractor ADH Environmental will assist City staff as directed, up to available budget, with
investigation of dry weather flows. The scope of investigations includes sampling for
constituents specified in Provision E.9.c, Table 1. If the City chooses to use City resources for
sampling and analysis, Amec Foster Wheeler will, as directed by the City, assist by developing
monitoring plans, providing review and comment on monitoring results, and developing
submittal reports to the Regional Board. Additional resources are provided for follow up
investigations in FY 2015 - 2016.
Task J - Assist with Responses to Regional Board Audit
The Regional Board conducted an audit of the City's permit implementation on May 15, 2015.
Amec Foster Wheeler and subconsultant Armand Ruby were present with City staff during the
audit. Amec Foster Wheeler will, up to available budget and at the direction of City staff, assist
with the following items:
• Assist City staff in responding to requirements that are identified by the Regional Board
through notices of violation (NOVs)
• Assist City staff in responding to requirements identified by the Regional Board to avoid
further NOVs
COST ESTIMATE
This proposal requests an increase to our contract limit of.$200,000, for a not to exceed amount
of $300,000 through June 30, 2017. Amec Foster Wheeler will perform the above scope on a
time and materials basis at direction of City staff for the amounts listed below, by task.
Task
_Cost Estimate FY
2014 -2015
2015 -2016_
2016 -2017
A
E.6_Program management
33,100
19,650
TBD
B
E.10 Construction Site Investigation and
5,000
5,000
TBD
Enforcement Support - Smart Phone app and site
visits
C
E.12 Post - Construction Stormwater Management
14,492
-
TBD
Program: LGA and Training on LID Guidance
Amec Foster Wheeler
Ms. Maria Angeles
City of Gilroy
October 2, 2015
Page 6
Task
Cost Estimate FY
2014-2015
2015-2016
2016-2017
D
E.12 Post - Construction Stormwater Management
Program: Inspection Protocols
15,963
-
TBD
E
E.11 Pollution Prevention —Good Housekeeping
for Permittee Operations
4,250
-
TBD
F
E.14 Program Effectiveness Assessment and
Improvement Plan
9,350
12,700
TBD
G
Attachment G Wasteload Allocation Attainment
Plan
-
23,900
TBD
H
E. 13 Monitoring
12,485
17,550
TBD
I
E.9 Dry Weather Flow Investigations
5,350
9,200
TBD
J
E.6 Respond to RWQCB Audit
-
7,000
TBD
Contingency
-
5,000
TBD
Total
99,990
100,000
100,000
Amec Foster Wheeler appreciates the opportunity to work with the City on this project. Please
call either of the undersigned at (510) 663 -4100 if you have questions.
Sincerely yours,
Amec Foster Wheeler Environment & Infrastructure, Inc.
mimes H. Honniball, CPESC, TofR, QSD /QSP Kenneth Conner, PE, PMP, SD /QSP
Project Manager San Francisco / Oakland Office Manager
jh/ka/kdsmm
iAproject \17000 \170910_city of gilroy\0000_admin \proposals \third proposal\gilroy prop_100215.docx
Attachments: 2015 City of Gilroy Rates
Amec Foster Wheeler
EXHIBIT "C"
MILESTONE SCHEDULE
Milestone Schedule
Task A — E.6 Program Management
• Assist with Annual Report (October 15 of each year)
• Inventory of Low Impact Development (LID) Projects Completed by
Developers (October 12, 2104)
• Summary of Public Outreach and Education Activities (October 5, 2014)
• Permittee meetings with Gilroy, Morgan Hill, and south Santa Clara
County, as directed by City staff
• Additional tasks include interaction with subcontractors, City staff, and the
Central Coast Regional Water Quality Control Board (Regional Board)
staff, as well as reviewing budgets and invoices
• Supporting City staff in the submittal of the Annual Report, assisting City
staff with negotiation of submittal deadlines to the Regional Board, and
supporting City Staff in pursuit of grant funding
• Ongoing support as needed through fiscal year (FY) 2016 - 2017
Task B — E.10 Construction Site Investigation and Enforcement Support
• Begin work October - November 2014 complete by November 2015
• Develop a "doForms" hand -held application to streamline the City's
inspections and increase overall efficiency by allowing the City to print out
inspection reports to mail to entities and query information needed for
reporting and enforcement
• DoForms training for City Staff after October 15, 2015 and management
of inspection database
• Evaluation of City IT for transformation of doform data management from
Amec Foster Wheeler to the City, either FY 2015 — 2016 or FY 2016 -
2017
Task C — E.12 Post — Construction Stormwater Management Program: Training on LID
Guidance Manual
• Begin work October — November 2014 complete by October 2015
WRECO, LID Guidance Manual -Post Construction Requirements Training
October 2015
Task D — Item # 16 E.12 Post — Construction Stormwater Management Program:
Inspection Protocols
• Begin work October — November 2014 complete by September 2015
WRECO, Treatment Measures Field Verification and O &M Inspection
Training September 2015
Task E — E.11 Pollution Prevention /Good Housekeeping for Permittee Operations
• Begin work July 2015, submit draft Stormwater Pollution Prevention Plan
for City Corporation Yard October November 2015
Task F — E.14 Program Effectiveness Assessment and Improvement
• Begin work June 2015 to include, Program Effectiveness Assessment
and Improvement Plan ( PEAIP). The PEAIP is to be submitted to the
Regional Board October 15, 2015
• _ Review webinar materials provided by the Regional Board that describe
expectations for catchment mapping
• Review existing graphic information systems (GIS) layers that will be
provided to Amec Foster Wheeler by the City to assess suitability for
catchment mapping for the PEAIP
• Begin catchment delineation based on contours, and superimpose those
catchments with GIS layers showing outfalls, land use in catchments,
creeks and channels, and the City's storm drain network. The City's GIS
contractor will provide Amec Foster Wheeler with GIS layers showing
contours, land use boundaries, creeks and channels, and the storm drain
network
The following activities will be completed under this Task F in FY 2015 — 2016:
• Prepare a draft and final PEAIP based on the outline developed in FY
2014-2015
• Complete catchment delineation and mapping requirements following
guidance provided by Regional Board
• Based progress and Regional Board review and comment, provide input
to the City as to the scope of additional GIS services the City may needto
meet Regional Board expectations for the PEAIP
Task G — Attachment G Wasteload Allocation Attainment Program
Under the 2015 — 2016 budget authorization, develop a draft and final WARP. The budget
assumes that the draft WAAP will be reviewed by City Staff, but not by the Regional Board.
Task H — E.13 Monitoring
Under the FY 2014 — 2015 budget authorization, AMEC Foster Wheeler will develop a
monitoring plan and quality assurance program plan (QAPP) for submittal to the Regional Board
by the negotiated date. The monitoring plan and QAPP will address bacteria and sediments,
which are the two pollutants with established TMDL plans identified in Attachment G of the
permit.
Develop cost estimates for monitoring plan implementation. Cost estimates will show scalable
costs so that monitoring plan implementation can be phased in according to available budget.
Under the FY 2015 — 2016 budget authorization, Amec Foster Wheeler will implement the
monitoring plan, to the extent possible within available budget.
Task I — E.9 Dry Weather Flow Investigations
Provision E.9 includes the requirement to eliminate all unauthorized dry weather discharges to
the MS4 system. Under the FY 2014 — 2015 budget authorization, AMEC Foster Wheeler's
subcontractor ADH Environmental will assist City staff as directed, up to available budget, with
investigation of dry weather flows. The scope of investigations includes sampling for
constituents specified in Provision E.9.c, Table 1. If the City chooses to use City resources for
sampling and analysis, Amec Foster Wheeler will, as directed by the City, assist by developing
monitoring plans, providing review and comment on monitoring results, and developing
submittal reports to the Regional Board. Additional resources are provided for follow up
investigations in FY 2015 — 2016.
Task J — Assist with Responses to Regional Board Audit
The Regional Board conducted an audit of the City's permit implementation on May 15, 2015.
Amec Foster Wheeler and subconsultant Armand Ruby were present with City staff during the
audit. Amec Foster Wheeler will, up to available budget and at the direction of City staff, assist
with the following items if necessary through June 30, 2017:
• Assist City staff in responding to requirements that are identified by the Regional
Board through notices of violation (NOVs)
• Assist City staff in responding to requirements identified by the Regional Board to
avoid further NOVs
EXHIBIT "D"
PAYMENT SCHEDULE.
4
amec
AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC. foster
BAY AREA SCHEDULE OF CHARGES wheeler
FOR CITY OF GILROY PUBLIC WORKS DEPARTMENT
Effective April 17, 2015
The hourly labor rates set forth below are valid from April 17, 2015 and are subject to 5% annual escalations thereafter.
CLIENT agrees to reimburse Amec Foster Wheeler Environment & Infrastructure, Inc. (Ames Foster Wheeler) at one and
one half times or two times the associated rate /hour for non- exempt staff when Amec Foster Wheeler is required by statute
to pay the associated overtime premium.
LABOR:
CLIENT agrees to reimburse Amec Foster Wheeler for all hours worked by professionals at the following categories and
associated hourly labor rates. Charges for expert services will be at the hourly rates shown. However, for depositions and
court ap pearances, C LIENT a grees to r eimburse Amec F oster Whe eler fo r all ho urs wo rked by profe ssionals at the
following classifications, but at two times the associated hourly labor rates. There will be a4 -hour minimum per-day charge
for depositions and an 8 -hour minimum per -day charge for court appearances.
LABOR CATEGORY
RATES
Principal
$225.75
Senior Associate
199.50
Associate
178.50
Senior 2
168.00
Senior 1
152.25
Technical Professional 3
136.50
Technical Professional 2
117.60
Technical Professional 1
110.25
Senior Technician
89.25
Technician
85.05
Technical Editor
105.00
Project Administrator
82.95
Support Staff
77.70
Time spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel
time will be charged in any day.
ESCALATION:
CLIENT agrees that hourly labor rates are subject to a 5% annual escalation beginning January 1, 2016.
OTHER DIRECT EXPENSES:
CLIENT agrees to reimburse Amec Foster Wheeler forall other direct expenses incurred at cost plus 7 %. Common outside
items include: consultants, drilling services, laboratory testing, equipment and vehicle rental, printing and photographic
work, postage and shipping, conference calls, travel and transportation.
UNIT PRICING:
Any unit pricing work, such as in -house equipment rental, laboratory analysis, etc. will be quoted separately upon request.
INVOICES:
Invoices will be rendered at least monthly, either as a final or partial billing, and will be payable upon receipt.
Amec Foster Wheeler is an Equal Opportunity /Affirmative Action Employer, and as such adheres to all applicable
federal, state, and local laws and regulations in this regard.
jAforms\socs- w9 \dient specficicity of gilroy_041715.docx US -8 T &C Rev. 01 -13