HomeMy WebLinkAboutEOA - Bacteria Monitoring and Implementation (2018) - Amendment No. 2SECOND AMENDMENT TO AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY
AND EOA, INC., TO INCLUDE THE CITY OF GILROY IN THE BACTERIA PLAN AND
RELATED IMPLEMENTATION DATED DECEMBER 12, 2017
WHEREAS, the City of Gilroy, a municipal corporation ("City"), and EOA, Inc., entered into
that certain agreement entitled Agreement for Services, effective on December 12, 2017, hereinafter
referred to as "Original Agreement"; and
WHEREAS, City and EOA, 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, first paragraph of the Original Agreement shall be amended to read as follows:
"This Amendment will become effective on May 7, 2019 and will
continue in effect through June 30, 2020 unless terminated in accordance
with the provisions of Article 7 of this Agreement."
2. Article 4 A. Consideration of the Original Agreement shall be amended to read as follows:
"In consideration for the services to be performed by CONSULTANT, CITY agrees to
pay CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event
however shall the total compensation paid to Consultant exceed $76,137.
3. Exhibit `B" (Scope of Services) of the Original Agreement is hereby replaced with the attached
Exhibit `B"
4. Exhibit "C" (Milestone Schedule) of the Original Agreement is hereby replaced with the
attached Exhibit "C"
5. Exhibit "D" (Payment Schedule) of the Original Agreement is hereby replaced with the
attached Exhibit "D"
6. This Amendment shall be effective on July 1, 2019
6. 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.
7. 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.
4845-8215-5540v1
MDOLINGER104706083
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
CITY OF GILROY
By. [signature] -...
Gabriel A. Gonzalez
[employee name]
City Administrator
[title/department]
EOA, INC
By: s
[signature]
Ray Goebe
Date: �j��� Date:
Approved Fo
City Attorney
4845-8215-55400 _2_
MDOLINGER104706083
[name]
Vice President - Operations
[title]
ATTE :
Ity C k ���
EXHIBIT "B"
Environmental and Public Health Engineering
Date: February 27, 2019
Ms. Tanya Carothers
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Subject: Scope of Work for City of Gilroy Water, Phase II NPDES Permit Support during Calendar Year
2019
Tanya,
This letter describes the scope of services and associated budget to continue supporting the City of Gilroy
during calendar year 2019 with compliance with the Phase II Small Municipal Separate Storm Sewer
System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit (Phase II Permit; Order No.
2013-0001-DWQ). The scope of services is consistent with the tasks that were approved by Central
Coast Regional Water Quality Control Board (RWQCB) staff (via electronic mail on January 15, 2019) as
appropriate alternatives to fecal indicator bacteria field sample collection during Water Year (WY) 2019
and 2020. The tasks were developed in coordination with the County of Santa Clara (County) and the City
of Morgan Hill. Collectively, Gilroy, Morgan Hill, and the County are referred to as the Regional Partners.
SCOPE OF SERVICES
This scope of services includes five tasks. Budget estimates and details are discussed below.
• Develop Regional Wasteload Allocation Attainment Plan
• Maintain and Improve Regional Geodatabase
• Conduct Pet Waste Reconnaissance
• Prepare WY 2019 Total Maximum Daily Load Status Report
• On -call services
FASS06\_Project Management\Gilroy\Gilroy monitoring scope 2-27-1g.docx
EXHIBIT "B"
Ms. Tanya Carothers
February 27, 2019
Page 2 of 5
Task 1. Develop Regional Wasteload Allocation Attainment Plan
On January 15, 2019, RWQCB staff approved the recommendation from the Regional Partners to
develop a Regional Wasteload Allocation Attainment Plan (WAAP) to address the Pajaro River Fecal
Indicator Bacteria (FIB) Total Maximum Daily Load (TMDL). The Regional WAAP will describe the proposed
shift from the field portion of the current FIB monitoring program (i.e., collection of samples from receiving
waters for E. coli analysis). Instead, resources in WY 2019 and 2020 will be directed towards more
targeted source identification studies and development/implementation of new or improved control
measures emphasizing human pathogens.
A key component of the Regional WAAP will be a description of the actions currently being done by each
of the Regional Partners to address clean-up of homeless encampments. The issue of homelessness is
complex and politically sensitive. Potential solutions are generally resource intensive and beyond the scope
of stormwater programs. Furthermore, clean-up activities can be dangerous to personnel due to encounters
with individuals/dogs and the presence of hazardous materials. However, EOA will work with the City of
Gilroy to identify opportunities to improve homeless encampment clean-up and/or prevention actions that
can be conducted by the stormwater program. These may include:
• coordination with other municipal departments, NGOs, and non -profits;
• development of flyers and signage specifically targeting the homeless population; and
• development of a voucher program for the RV population for disposal of black water.
New actions identified through this task will be described in the Regional WAAP.
The regional WAAP will document inclusion of Gilroy into the Regional Bacteria TMDL Monitoring Plan
which is being updated under EOA's prior contract with Gilroy.
A draft version of the Regional WAAP will be submitted to Gilroy, Morgan Hill, and the County for review.
Upon receipt of comments, the Regional WAAP will be finalized.
Cost: $6,594. This cost represents approximately one third of the total cost to develop the Regional
WAAP and write-up homeless response section. The remaining costs will be paid through separate
contracts with Morgan Hill and the County
Schedule: Draft Regional WAAP (early June 2019); Final Regional WAAP must be submitted to the
RWQCB by June 30, 2019
F1SS06\_Project Management\Gilroy\Gilroy monitoring scope 2-27-19.docx
EXHIBIT "B"
Ms. Tanya Carothers
February 27, 2019
Page 3 of 5
Task 2. Maintain and Improve Regional Geodatabase
A Bacteria TMDL Geodatabase was developed in 2016 and updated to include the Gilroy jurisdictional
area in 2018. The Geodatabase is useful in identifying potential sources of FIB and the likelihood that the
sources will enter the MS4. The Geodatabase will be maintained in 2019 and updated with new
information such as sanitary sewer overflows (SSOs) reported by the State Water Resources Control
Board. Furthermore, based on field observations of stream flow and review of the WY 2018 E. coli data,
several potential improvements to the Geodatabase were identified.
• Hydrologic Mapping. The Geodatabase currently uses hydrologic information obtained from
Valley Water (formerly the Santa Clara Valley Water District). A more detailed hydrologic layer
will improve understanding of when and where tributaries discharge to receiving waters. Updates
will include: review of current hydrologic conditions that have changed and/or are planned as a
result of drainage improvements; identification of creek reaches that are known to dry up during
the dry season (recent Valley Water studies will be included); and merging/rectification of
catchment mapping conducted for the TELR model with the creek and storm drain layers.
Age Mapping of Storm Drain Infrastructure. To the extent that data are available, the age of
the Gilroy storm drain infrastructure will be mapped. In the absence of construction dates, ages
will be estimated based on the approximate year that surrounding parcels were developed as
noted in the County Assessor Database. Results of the mapping could be used to identify
opportunity for additional investigations.
• Sanitary Sewer Infrastructure. EOA will work with Gilroy sanitary sewer managers to map and
estimate the age of sanitary sewer infrastructure. In addition, phone interviews and/or report
reviews will be conducted to understand operations and maintenance (O&M) activities, including
planned upgrades and integrity testing (smoke and dye testing). If opportunities for improved
coordination, O&M, and additional investigations are identified, they will be described in the
Regional WAAP.
Cost: $5,219
Schedule: Updated maps will be submitted with the TMDL Status Report by October 15, 2019. New
actions (if relevant) will be listed in the Regional WAAP (June 30, 2019).
Task 3. Pet Waste Reconnaissance
EOA will conduct pet waste reconnaissance at parks and trails in Gilroy to identify locations where pet
waste is particularly problematic. If relevant and within the available budget, protocols developed by the
City of Watsonville for similar reconnaissance work will be followed. The protocol will be described in the
Regional WAAP (deadline June 30, 2019) and the results will be described and mapped in the TMDL
1-
FASS06\_Project Management\Gilroy\Gilroy monitoring scope 2-27-19.docx
EXHIBIT "B"
Ms. Tanya Carothers
February 27, 2019
Page 4 of 5
Status Report (deadline October 15, 2019). Gilroy may use results of the survey to identify locations for
public outreach signage or dog waste cleanup stations.
Cost: $3,686. This cost assumes that Morgan Hill will contract with EOA for the same task and that
reconnaissance visits will be conducted on the some dates.
Schedule: Pet waste reconnaissance surveys will be conducted on two occasions, likely once in the spring
and once in the summer.
Task 4. Prepare WY 2019 Total Maximum Daily Load Status Report
Provision E.1 5.d of the Phase II Permit requires annual submittal to the RWQCB of a report describing the
status of implementation of the Bacteria TMDL (i.e., TMDL Status Report). EOA will develop the a Regional
TMDL Status Report that describes implementation of the Bacteria TMDL and Regional WAAP. The TMDL
Status Report will include a Table of Quantitative Interim Milestones for Achieving Wasteload Allocations
based on the example template included in the RWQCB letter dated January 15, 2019.
A draft version of the Regional TMDL Status Report will be submitted to Gilroy, Morgan Hill, and the
County for review. Upon receipt of comments, the Regional TMDL Status Report will be finalized.
Cost: $5,000. This cost is on third of the total cost estimated to prepare the report. It assumed that Morgan
Hill and the County will each contract with EOA for a similar amount.
Schedule: Draft Regional WY 2019 TMDL Status Report (September 2019); Final Regional TMDL Status
Report must be submitted to the RWQCB by October 15, 2019.
Task 5. On -Call Services
We recommend that the City of Gilroy authorize a budget of $5,000 for on -call services related to
compliance with the Phase II Permit. For example, Gilroy may wish for assistance with trash assessment
protocols. Details of this task will be developed as needs arise.
Cost: $5,000
Schedule: to be determined
OM
FASS06\_Project Management\Gilroy\Gilroy monitoring scope 2-27-19.docx
EXHIBIT "B"
Ms. Tanya Carothers
February 27, 2019
Page 5 of 5
COMPENSATION
Task Description Budget
1 Develop Regional WAAP $6,594
2 Maintain and Improve Geodatabase $6,127
3 Conduct Pet Waste Reconnaissance $3,686
4 Develop Regional TMDL Status Report $5 000
5 On -Call Services $5,000
TOTAL BUDGET $26,407
EOA will perform these services on a time and expense reimbursement basis, up to the above total budget
amount, according to the attached 2019 Fee Schedule, and will not exceed the total budget without prior
authorization by the City of Gilroy. To provide maximum flexibility, the budget will not be managed on a
task -by -task basis. Rather, cost savings realized in one task may be applied to other tasks, as needed.
The project manager will be Bonnie de Berry, CPSWQ (Managing Scientist 1) with support from Chris
Sommers (Managing Scientist III), Stefan Grozev (Associate Scientist II), and other EOA staff if needed.
EOA will invoice services on a time and expense reimbursement basis and submit monthly invoices to the
City. Payment shall be net 30 days. Reimbursable expenses will be billed at cost plus 10 percent.
Please contact Bonnie de Berry at 510-832-2852 X.123 if you have any questions.
Sincerely,
Ray Goebel
Vice President
EOA, Inc.
F1SS061_Project Management\Gilroy\Gilroy monitoring scope 2-27-19.docx
EXHIBIT "C"
MILESTONE SCHEDULE
Task 1. Develop Regional Wasteload Allocation Attainment Plan:
Schedule: Draft Regional WAAP (early June 2019); Final Regional WAAP must be submitted
to the RWQCB by June 30, 2019
Task 2. Maintain and Improve Regional Geodatabase:
Schedule: Updated maps will be submitted with the TMDL Status Report by October 15, 2019.
New actions (if relevant) will be listed in the Regional WAAP (June 30, 2019).
Task 3. Pet Waste Reconnaissance
Schedule: Pet waste reconnaissance surveys will be conducted on two occasions, likely once in
the spring and once in the summer.
Task 4. Prepare WY 2019 Total Maximum Daily Load Status Report
Schedule: Draft Regional WY 2019 TMDL Status Report (September 2019); Final Regional
TMDL Status Report must be submitted to the RWQCB by October 15, 2019.
Task 5. On -Call Services
Schedule: to be determined
EXHIBIT "D"
Environmental and Public Health Engineering
2019 FEE SCHEDULE
The following fee schedule covers personnel rates for EOA, Inc. staff.
Our charges are divided into two categories: personnel, and 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 Rates
Principal......................................................................................... $279
Managing Engineer/Scientist III ..................................................... $271
Managing Engineer/Scientist II ...................................................... $256
Managing Engineer/Scientist I ....................................................... $245
Senior Engineer/Scientist III — Project Leader ............................... $225
Senior Engineer/Scientist/Planner Il............................................... $206
Senior Engineer/Scientist/Planner I ................................................ $188
Associate Engineer/Scientist III ..................................................... $179
Associate Engineer/Scientist II ....................................................... $170
Associate Engineer/Scientist I ........................................................ $145
Assistant Engineer/Scientist........................................................... $130
Technician...................................................................................... $114
Clerical/Computer Data Entry ........................................................ $80
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 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.
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 for B&W, $0.35 each for color. Large format $0.15/sq ft for B&W, $0.50/sq ft for color)
• Costs of color map production supplies (color ink and large format paper)
• Costs or rental of special equipment
• Costs of authorized travel and related expenses
• Automobile mileage directly related to services, at current IRS rate.
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, or the maximum rate
allowed by law, is payable on accounts not paid within 30 days.
EOA, Inc. • 1410 Jackson Street • Oakland, CA 94612 • Tel: (510) 832-2852 • Fax: (510) 832-2856