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Peninsula Enhanced Watershed Management Program (EWMP) MOU MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES, THE CITY OF PALOS VERDES ESTATES, THE CITY OF ROLLING HILLS ESTATES,THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM FOR THE PENINSULA EWMP AGENCIES This Memorandum of Understanding (MOU), is made and entered into between THE CITY OF RANCHO PALOS VERDES, a body corporate and politic, THE CITY OF PALOS VERDES ESTATES, a body corporate and politic, and THE CITY OF ROLLING HILLS ESTATES, a body corporate and politic, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and THE COUNTY OF LOS ANGELES (LA County), a political subdivision of the State of California. Collectively, these entities shall be known herein as "PARTIES" or individually as "PARTY." WITNESSETH WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (Regional Board) adopted the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012 and requires that the LACFCD, LA County, and 84 of the 88 cities (excluding Avalon, Lancaster, Long Beach, and Palmdale) within the County of Los Angeles comply with the prescribed elements of the MS4 Permit; and WHEREAS, the PARTIES, have agreed to collaborate on the compliance of certain elements of the MS4 Permit; and WHEREAS, the PARTIES collaboratively prepared a final Scope of Work as shown in Exhibit D and Request for Proposal to obtain a consultant to assist the PARTIES with compliance with certain elements of the MS4 Permit; and WHEREAS, the PARTIES propose for a consultant retained pursuant to this MOU to prepare and deliver a Final Work Plan and Draft and Final Enhanced Watershed Management Program (EWMP, and collectively PLANS) in compliance with certain elements of the MS4 Permit, at a total cost of approximately six hundred thousand dollars ($600,000) as shown in Table 1 of Exhibit A; and LA#4833-2739-3300 v2 WHEREAS, the PARTIES have determined that hiring a consultant to prepare and deliver the PLANS will be beneficial to the PARTIES and they desire to participate and will provide funding in accordance with the cost allocation in Table 3 of Exhibit A; and WHEREAS, the CITY OF RANCHO PALOS VERDES will act on behalf of the PARTIES in the administration of the consultant service agreement for the preparation of the PLANS; and WHEREAS, the PARTIES have agreed to establish an EWMP Working Group (comprised of designated staff from each PARTY) to provide technical oversight and project management for the development of the PLANS, and WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the MOU. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, it is hereby agreed as follows: Section 1. Recitals: The recitals set forth above are fully incorporated as part of this MOU. Section 2. Purpose: The purpose of this MOU is to cooperatively fund the preparation and submittal of the PLANS to the Regional Board. Section 3. Cooperation: The PARTIES shall fully cooperate with one another to attain the purpose of this MOU. Section 4. Voluntary: this MOU is voluntarily entered into for the purpose of preparing and submitting the PLANS to the Regional Board. Section 5. Term: This MOU shall become effective on the earlier to occur of: (1) the latest date of execution by a PARTY; or (2) December 28, 2013, and shall remain in effect until the Regional Board's final approval date of the last outstanding portion of the PLANS, or until the CITY OF RANCHO PALOS VERDES has provided written notice of completion of the scope of work described hereto, and payment by all PARTIES of their allocated pro-rata share hereunder. Section 6. Assessment for Proportional Cost for PLANS: The PARTIES agree to pay the CITY OF RANCHO PALOS VERDES for preparation and delivery of the PLANS in the amounts shown in Table 3 of Exhibit A, based on the cost allocation formula shown in Table 2 of Exhibit A, attached hereto and made part of this MOU by this reference. The CITY OF RANCHO PALOS VERDES will invoice the PARTIES upon execution of this MOU as shown in Table 4 of Exhibit A, based on the allocated costs for developing the 2 of 18 LA#4833-2739-3300 v2 • PLANS and the project administration and management costs at a percentage of three percent (3%) of the allocated costs for development of the PLANS. At the end of each fiscal year, the CITY OF RANCHO PALOS VERDES will provide the PARTIES with a statement with the actual contracted expenditures. Unexpended cost at the termination of this MOU will be reimbursed to the PARTIES. Section 7. CITY OF RANCHO PALOS VERDES Agrees: a. To utilize the funds deposited by the PARTIES only for the administration of the consultant contract, project management, and the preparation and completion of the PLANS. b. To contract with the consultant retained pursuant to this MOU and to be responsible for coordinating the activities of the consultant. The CITY OF RANCHO PALOS VERDES shall ensure adherence to the Scope of Work in Exhibit D. c. To ensure that each and every contract with the consultant or subcontractors shall recite that the contract is for the benefit of the PARTIES and that the consultant shall be paid solely from the contributions from the PARTIES. The CITY OF RANCHO PALOS VERDES shall ensure that the contract includes insurance requirements and require the consultant retained pursuant to this MOU to agree to indemnify, defend and hold harmless each PARTY, its special districts, their elected and appointed officers, employees, and agents, from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with the consultant's performance of its agreement with the CITY OF RANCHO PALOS VERDES. In addition, the CITY OF RANCHO PALOS VERDES shall require the consultant to carry, maintain, and keep in full force and effect an insurance policy or policies, and each PARTY, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the consultant's work. These requirements will also apply to any subcontractors hired by the consultant. This indemnification is in addition to the other indemnities made herein. d. To provide the PARTIES with an electronic copy of the draft and final PLANS as submitted to the Regional Board within 5 business days of receipt from the consultant. e. To provide an accounting at the termination of the MOU or cancellation thereof and return the unused portion of all funds deposited with the CITY OF RANCHO PALOS VERDES using the cost allocation formula in Table 2 of Exhibit A. 3 of 18 LA#4833-2739-3300 v2 • f. To notify in writing the PARTIES if the actual cost of the preparation of the PLANS will exceed the cost estimates shown in Exhibit A and obtain written approval of the increase from the PARTIES. Upon written approval of the increased costs by the PARTIES, the CITY OF RANCHO PALOS VERDES will invoice the PARTIES per the cost allocation formula in Table 2 of Exhibit A. The PARTIES have 60 days from receipt of the invoice to provide the payment to RANCHO PALOS VERDES. In the event a PARTY does not approve of the increased costs, the PARTY may withdraw from this MOU pursuant to Section 11. g. To not submit any PLANS to the Regional Board unless and until the PLANS have been approved, in writing, for submittal by all PARTIES to this MOU. Section 8. The PARTIES further agree: a. To make a full faith effort to cooperate with one another to achieve the purposes of this MOU by providing information about project opportunities, reviewing deliverables in a timely manner, and informing their respective administration, agency heads, and/or governing body. b. To fund the cost of the preparation and delivery of the PLANS and to pay the CITY OF RANCHO PALOS VERDES for the preparation and delivery of the PLANS based on the cost allocation shown in Table 2 of Exhibit A within 60 days of receiving an invoice. c. To grant reasonable access rights and entry to the consultant, on an as- needed basis during the terms of this MOU, to any PARTY'S facilities (i.e. storm drains, channels, catch basins, properties, etc.) (FACILITIES) to achieve the purposes of this MOU, provided, however that prior to entering any PARTY'S facilities, the CITY OF RANCHO PALOS VERDES or the consultant shall provide written notice to such PARTY at least 72 hours in advance. For the purposes of this provision, written notice shall include notice delivered via e-mail that has been delivered to the applicable PARTY representative identified on Exhibit B. Section 9. Invoice and Payment a. Payment: The PARTIES shall reimburse the CITY OF RANCHO PALOS VERDES for their proportional share of the cost for preparation and delivery of the PLANS and project administration and management costs as shown in Table 4 of Exhibit A within 60 days of the invoice from the CITY OF RANCHO PALOS VERDES. 4 of 18 LA#4833-2739-3300 v2 • b. Invoice: The CITY OF RANCHO PALOS VERDES will invoice PARTIES as shown in Table 4 of Exhibit A. c. Late Payment Penalty: Any payment that is late shall be subject to interest on the original amount due from the date that the payment first became due. The interest rate shall be ten percent (10%) simple interest per annum. If the PARTY remains delinquent beyond sixty (60) days after the due date, then the CITY OF CITY OF RANCHO PALOS VERDES may notify the Regional Board that the delinquent PARTY is no longer a participating member of the PLANS, and said PARTY shall then be deemed to have terminated its participation as a PARTY to this MOU ("EXCLUDED PARTY") and their name may be removed from the PLANS. Any EXCLUDED PARTY's delinquent amount(s) will be paid in accordance with the remaining PARTIES' pro-rata share pursuant to Table 3 of Exhibit A, as adjusted to remove the EXCLUDED PARTY from the allocation. The CITY OF RANCHO PALOS VERDES will revise Table 3 of Exhibit A to show the recalculated costs for each remaining participating PARTY; these revised exhibits will be included with the next invoice to the PARTIES. The PARTIES shall retain all contractual, legal, and equitable rights and causes of action to recover any delinquent amounts owed by an EXCLUDED PARTY who failed to make such payments. Section 10: Indemnification a. To the fullest extent permitted by law, each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with the respective acts of each PARTY arising from or related to this MOU; provided, however, that no PARTY shall indemnify another PARTY for that PARTY'S own negligence or willful misconduct. b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of such Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of such Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees, by law for injury caused by any act or omission occurring in the performance of this MOU to the same extent such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose, each PARTY agrees to indemnify, defend, and hold harmless each 5of18 LA#4833-2739-3300 v2 • other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. Section 11. Withdrawal or Forfeiture a. A PARTY may withdraw from this MOU upon 60 days written notice to the other PARTIES (WITHDRAWING PARTY), subject to payment of any invoice received from CITY OF RANCHO PALOS VERDES prior to or during the 60- day notice period for its share of the cost of the work completed as of the date of its notice of withdrawal, calculated in accordance with the cost-sharing percentages set forth in Table 3 of Exhibit A. The effective withdrawal date shall be the sixtieth (60th) day after CITY OF RANCHO PALOS VERDES receives the WITHDRAWING PARTY's notice to withdraw from this MOU. CITY OF RANCHO PALOS VERDES shall refund to the WITHDRAWING PARTY any uncommitted and unused funds paid by the WITHDRAWING PARTY's effective withdrawal date. All PARTIES understand, acknowledge, and agree that withdrawal from this MOU will terminate any responsibility, liability, or obligation of the withdrawing PARTY under this MOU commencing on the effective withdrawal date and that the WITHDRAWING PARTY shall remain liable for its share of any loss, debt or liability incurred prior to the withdrawal date, and for any work which could not be suspended. Withdrawal from this MOU does not release any PARTY from the obligations set forth in MS4 Permit. b. If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, that PARTY shall forfeit its rights to work completed through this MOU, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default. Section 12. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement or other communication required or permitted hereunder shall be in writing and shall be delivered to the Representative of the PARTY at the address set forth in Exhibit B. PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. Written notice shall include notice delivered via email, reader notification requested, or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by email; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. 6 of 18 LA#4833-2739-3300 v2 • b. Administration. For the purpose of this MOU, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that they are authorized to sign this MOU on behalf of such PARTY. c. Relationship of Parties. The PARTIES are and shall remain at all times as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligation, or liability on behalf of another PARTY unless expressly provided to the contrary by this MOU. No official, employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an official, agent, employee or officer of another PARTY. Each PARTY shall have no financial obligation to the other PARTIES of this MOU, except as herein expressly provided. d. Binding Effect. This MOU shall be binding upon and inure to the benefit of each PARTY to this MOU and its respective heirs, administrators, representatives, successors and assigns. e. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by all PARTIES who have not terminated their interests herein or whose involvement has not terminated by reason of non-payment. This paragraph applies to any changes proposed for reasons including, but not limited to: (1) changes to the MS4 Permit terms; (2) further guidance from the Regional or State Boards regarding compliance; or(3) changes in the number of parties to this MOU. f. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. g. Law to Govern; Venue. This MOU shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the PARTIES, venue in the state trial courts shall lie exclusively in the County of Los Angeles. h. No Presumption in Drafting. The PARTIES to this MOU agree that the general rule that an MOU is to be interpreted against the PARTY drafting it, or the PARTY causing it to be prepared, shall not apply. 7 of 18 LA#4833-2739-3300 v2 i. Interpretation. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language. j. Entire MOU. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. k. Severability. If any term, provision, condition or covenant of this MOU is declared or determined by any court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this MOU shall be read and constructed without the invalid, void, or unenforceable provision(s). I. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU. IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: 8 of 18 LA#4833-2739-3300 v2 • CITY OF RANCHO PALOS VERDES Date: /0457/3 : _ S .an Brooks Mayor ATTEST: By: 4rAt (7-AbielA Carla Morreale City Clerk APPROVED AS TO FORM: • City Attorney By: 6("0/ Irck 9 of 18 LA#4833-2739-3300 v2 • CITY OF PALOS VERDES ESTATES 41111111111k4 .111F41%..A Date: - v. Aw James F. oodhart, Ma .r ATTEST: By: t.-c,L- Af Vickie Kroneberger Deputy City Clerk APPROVED AS TO FORM: City Attorney By: CAtel".-Pi /./ &11(\• Christi Hogan 10 of 18 LA#4833-2739-3300 v2 CITY OF ROLLING HILLS ESTATES dir I Date: q/10//3 B, 'ii " 0,1I'' M. yor ATTEST: • BY. Hope Nolan Deputy City Clerk APPROVED AS TO FORM: ,,7,,,,,,,,,,,,,,,,,,, Ci ttorney By: G 71\CI Donald M. Davis 11 of 18 LA#4833-2739-3300-v2 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT ByI � to/1 / 13 GAIL FAf�BE Date 601- Chief Engineer APPROVED AS TO FORM: John F. Krattli County Counsel By '07\44 � � I Associate Date 12 of 18 LA#4833-2739-3300 v2 41, COUNTY OF LOS ANGELES By G.Cl lb/1 � 13 GAIL FA BE Date f°1- Director of Public Works APPROVED AS TO FORM: John F. Krattli County Counsel By --ex74 Cz-j) I 013 113 Associate Date 13 of 18 LA#4833-2739-3300 v2 0 * EXHIBIT A PENINSULA EWMP AGENCIES Funding Contributions Table 1: Total Cost Estimate. A Item Total Cost Estimated Contract Cost $600,000 Administration Cost (3%)i $18,000 LACFCD Allocation (10%)2 $61,800 TOTAL COST TO BE DISTRIBUTED BY AREA $556,200 1 Administration costs ore estimated to be 3%of the Distributed Total Cost for each Peninsula EWMP Agency. 2 The Los Angeles County Flood Control District(LACFCD)has committed to contributing 10%of the Total Cost for their share in the development of the EWMP. Table 2: Cost Allocation Formula. Total Cost to be Distributed by Area = Contract Cost +Administration Cost— LACFCD Allocation Distributed Cost by Area = (Total Cost to be Distributed by Area) x Agency Percent of Total Area Table 3: Distributed Cost Among Peninsula EWMP Agencies. Area 1 Agency Percent i Distributed Total Agency g (Square Miles) of Total Area Cost RANCHO PALOS VERDES 13.5 59.7345% $332,244 Palos Verdes Estates 4.8 21.2389% $118,131 Rolling Hills Estates 3.6 15.9292% $88,598 The County of Los Angeles = 0.7 3.0973% $17,227 _ -.-..> ,r .-. -r^rsc a:.-+sas.,r^-r-^-e,^-.x:r-a ^szR_?;,-.�'..:x^-v a•.^-r'rsxarn'vr'^.z-. .•r►fcrm'.wa'.u'w.�a"au-r'av TOTAL 22.6 100% $556,200 Table 4: Invoice Schedule. is F A t F- q enc Total Cost E i • g Y Invoice_ Schedule _ _ November 1 2 013 'July1 2014 RANCHO PALOS VERDES $332,244 $166,122 $166,122 Palos Verdes Estates $118,131 $59,066 $59,065 - - :" ! '"f c Rolling Hills Estates $88,598 $44,299 $44,299 The County of Los Angeles $17,227 $8,613 $8,614 ' i LACFCD ...:.......'__.......i. $61,800 $30,900 $30,900 TOTAL $618,000 $309,000I $309,000 14 of 18 LA#4833-2739-3300 v2 EXHIBIT B PENINSULA EWMP AGENCIES Agencies Representatives - EWMP Working Group 1. City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Party Representative: Andy Winje E-mail: andyw@rpv.com Phone: (310) 544-5249 Fax: (310) 544-5292 2. City of Palos Verdes Estates Department of Public Works 340 Palos Verdes Drive West Palos Verdes Estates, CA 90274 Party Representative: Allan Rigg E-mail: arigg@pvestates.org Phone: (310) 378-0383 Fax: (310) 375-5918 3. City of Rolling Hills Estates Department of Public Works 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274 Party Representative: Greg Grammer E-mail: gregg@ci.rolling-hills-estates.ca.us Phone: 310-377-1577 x-107 Fax: (310) 377-4468 4. Los Angeles County Flood Control District Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Gary Hildebrand E-mail: GHILDEB@dpw.lacounty.gov Phone: (626) 458-4300 Fax: (626) 457-1526 15 of 18 LA#4833-2739-3300 v2 5. County of Los Angeles Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Angela George E-mail: AGEORGE@dpw.lacounty.gov Phone: (626) 458-4304 Fax: (626) 457-1526 16 of 18 LA#4833-2739-3300 v2 I 0 EXHIBIT C PENINSULA EWMP ANGENCIES Peninsula EVVMP Areas / -,.., ;,,- 1 L., ,,_ v‘,,,,, , --;,,,,.,__J --,, < •i ' < ....... ........"....,..............„....., , t..7. -,,,..., s, rmi e) t ,...-- ------'. ', • 's \) I i j - .,----1 - ....-- 1 •.-- ' . ' ''' ''''' ' •l--- "'s '- 1 -1, ..,- _ •i ' '/•4. - /1 ,,,• (:' r_.: .-- ,..f — i „ ---, ,.. = \ S ,,-.,----,---.= • -'; „_,-"1-77--7\if,,- ''.,,''.',44:'.:-,'-' '= ,/'.: ...•,:"-- / ,,,i I I ,,,,,, ,, --/.,---ji:.s;,,,`,-,-.—,,,,,,Li-L,..,7t.-:::_.-,;,_ -•.7\._ -•- .,,...) t 1 ! ,, Palo,s-Verdes / -'._r(,-,,,/,7„.. :•.,11-;-:,., ,-.-7.,- :: 4 , )k, , _.------- i Estates -i ( ' 1--.=- .--- , ,,',-.----,3 ,,-,N .1:-....., ._ _,. ..---- - "1_ '---- ' - • :''''',- ti. ,r— , ,,,- - ,,,.,K-..:,.'.- ,,,,:,--..;--->, ,,,,,,.!,,,,,,,- \ • - 1 * 1 ,_;,-,..--. ., -- ' * --- — i_ ).:/ \',---.1,k- .•*„-,,,:',:',' '.*:./ ''"-- f= -- ' it, . •i - )--/4r4,., ('- .:-*-/ ' is--, ------•-7: '\ ;`,./ .--,-', ._•Roiling Hills4h_ -‹,•'-,;;;--.” ',..', ';-, --, '-• ,,- / ' '''''' --7 ' Es ta tes,----f- - ...) .-- , i-,:-., , ,- -..,;-- . _.......6,„ ,,?:,,,_-. ,. ‘: , -,----..._---. 1.-----:- \I -';,- ,-,-- i ''-',-$:-.,... ,---':::_,:: __;7---,/ \''-...\;,:,.'.:-.; '''.--•-i-. .','.' '.' ' -,.< y , F3011._in—Hilts',, . d,1,...... ,...._.,..,., __.„, :i't._. ---1, npt Fla .. .,..... __...„3 _____A ofEWMP ) , ..., I - .--- 1—/-1----‘ • .'"- ' i ; •,. , , / ...„,,,, ,,..7 4, _ R a ti c hO Palos'Verdes 7 ,..-/ \ 7:. ri ,,, / 1 \ \-, •-• l''-.1 -.' • : .--'• .,! ,....1-1.,„ I , ,,, iier:-.•-•,,,, '1; i. , I, ((.; Th :..:r......" ...,,,..., : . , '.; I 61 --I 6-\,,f. ler-11-------,,, .,--•.--_.,/i .:,., r,„,,,,, 1'- *? '''':. I '' T''::--=L iii \AI — , —' ‘,..„, ,,,,,,,j..., ---- Storm Crams --I . --, i7-----,;i City Boundary "k., i _, -,,,,g, ,,C7,.., ! ;Machado Lake Watershed c"- 6 ----- ,,„.,...,..._ , Santa Monica Bay Watershed ''',. _ ,-------, „ L___ I Greater LA Harbor Watershed -........,, L. ..... Los Angeles County Flood Control Distict territory Figure 1: Peninsuia EWMP Agencies Map. 17 of 18 LA#4833-2739-3300 v2 0 0 EXHIBIT D PENINSULA EWMP SCOPE OF WORK (Attached) 18 of 18 LA#4833-2739-3300 v2 EXHIBIT D Development of the Peninsula Enhanced Watershed Management Program (Including Coordinated Integrated Monitoring Plan) Scope of Work July 22, 2013 1 of 19 1110 11, Table of Contents 1.0 Background 3 2.0 Project Area 4 3.0 Objectives 6 4.0 Task Items 6 5.0 Project Management, Coordination, and Meetings 7 6.0 Enhanced Watershed Management Program (EWMP) Work Plan 7 7.0 Coordinated Integrated Monitoring Plan (cIMP) 12 8.0 Enhanced Watershed Management Program (EWMP) Plan 15 2 of 19 Development of the Peninsula Enhanced Watershed Management Program (Including Coordinated Integrated Monitoring Plan) Scope of Work 1.0 Background The National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit (MS4 Permit) Order No. R4-2012-0175 establishes the waste discharge requirements for stormwater and nonstormwater discharges within the watersheds of Los Angeles County. This MS4 Permit was adopted by the California Regional Water Quality Control Board, Los Angeles Region (Regional Board), on November 8, 2012, and became effective on December 28, 2012. The MS4 Permit and all attachments are posted on the Regional Board's website at the following address: http://www.waterboards.ca.qov/losangeles/waterissues/programs/stormwater/municipal/ index.shtml The MS4 Permit includes provisions that allow permittees the flexibility to customize their stormwater programs to achieve compliance with certain receiving water limitations and water quality based effluent limits over time. Specifically, permittees may voluntarily choose to implement an Enhanced Watershed Management Program (EWMP). The EWMP includes prioritization of water-quality issues, identification of implementation strategies, control measures, and Best Management Practices (BMPs) sufficient to meet pertinent standards, integrated water-quality monitoring, and opportunity for stakeholder input. The EWMP uses integrated planning to comprehensively evaluate opportunities to implement multi-benefit regional projects. Through the EWMP, permittees will not only implement projects to improve water quality, but also have incentives to evaluate and, where feasible, implement regional projects that retain all nonstormwater runoff and all stormwater runoff from the 85th percentile, 24-hour storm event for the drainage area tributary to those projects. These projects may also achieve other benefits such as flood protection, water supply enhancement, recreational opportunities, and wildlife habitat enhancement. 3 of 19 The following permittees are entering into a Memorandum of Understanding to jointly develop an EWMP: • County of Los Angeles (County) • Los Angeles County Flood Control District (LACFCD) • City of Palos Verde Estates • City of Rancho Palos Verdes • City of Rolling Hills Estates The City of Rolling Hills is not participating in the EWMP; however, it will be participating in a Coordinated Integrated Monitoring Plan (CIMP) along with the other Peninsula EWMP agencies. The following permittees are entering into a Memorandum of Understanding to jointly develop a CIMP: • County of Los Angeles (County) • Los Angeles County Flood Control District (LACFCD) • City of Palos Verde Estates • City of Rancho Palos Verdes • City of Rolling Hills • City of Rolling Hills Estates 2.0 Project Area The geographic scope of the EWMP comprises the incorporated Cities of Palos Verdes Estates, Rancho Palos Verdes, and Rolling Hills Estates, as well as unincorporated areas of the County of Los Angeles. Although the Peninsula EWMP does not include all jurisdictions within the Palos Verdes Peninsula, all drainage infrastructure operated and maintained by the Los Angeles County Flood Control District within the boundaries shown in Figure 1 will be covered under the EWMP. The Palos Verdes Peninsula is situated in the southwestern portion of Los Angeles County atop the Palos Verdes Hills, which are bounded to the north by Torrance, to the east by the City of Los Angeles, and to the south and west by the Pacific Ocean. The Palos Verdes Peninsula is distinct in topography and land usage when compared with much more densely developed, low-lying neighboring areas. The major land use designation on the Peninsula is residential with significant portions of open space and soft bottom canyons. A drainage divide dissects the Peninsula from the northeast to the southwest with the westerly portion draining into the Santa Monica Bay and the easterly portion draining to two sub-watersheds within the Dominguez Channel Watershed: the Machado Lake and the Greater Los Angeles Harbor sub-watersheds. Drainage from the Peninsula Cities is conveyed via the natural soft bottom canyon systems in conjunction with structured storm drain systems. These systems are intertwined and cross-connected warranting a Peninsula-wide coordinated approach to monitoring and implementation efforts. 4 of 19 0 0 The City of Rolling Hills is not currently intending to participate in the EWMP, but will be participating in the CI M P along with the members of the Peninsula EWMP. Due to the City's unique character and topographic features, the City is developed with single family residences on large estate like lots where low impact development measures are regularly implemented. Therefore, the City has determined that there is no reasonable opportunity for regional or distributed BMPs within the City other than LID implemented on private property; therefore, the City of Rolling Hills has determined to implement the minimum control measures and utilize source control and institutional controls to meet the Permit requirements. Figure 1. Watershed and Permittee Area Representation Peninsula EWMP Areas i ''~:',., i ---'—'—*— --\. ' H 1 rj. ''q-'s,_ —I- .'i f _,_, \ - ,---- ri_ 1 ......_ 1 C , , _ :____--- _ sem , i � ..1 ,.,-, TEC-7_ _=-1-7------14-1,z---- .,--r-:<--_:- ,..„-_-_-,:.-4 ,t,_ _ '-- 1-i---.1 "--f) 1 —ic , /--- --1 ' i ' S :'--\I---''''1-,I-/----, ---,i,-.- ,*---' r\-, I / i LL \,___,-i , ,r Estates t -,.., •-"-- 1 ` ... -"..- i 1'c,,,,7;'7`-. .Y 7!. 't,� "`..,±fry. '„rte '•-. "' .y -- ,_; ,', 1i,:-/." ,,, Rolling HIIUs 1 V —,\.\\ o 1 ''—'7 A q//1 • , , '- ° r ,not a part _r *-----. ‘i--.:'- -rt.:- --- \--;:--- . '---,of, ,.WIVIP ' ____.,--4.1 L (....,(c)r f' .� :t Rancho Palos Verdes ,r z• "„,- 1 \ ; : - ' L''\•,,,--"::._, ,.-,..::).-, ' _ i ,............/ i 'N, ri 4j �� it ( . c. c (----- \ : 1 i L -..."` Storm gains �-- w r',11 -- - City Boundary • i Machado Lake `atershe L� ' Santa Monica Bay Watershed ,__,Greater LA Harbor Watershed _ L Los Angeles County Flood Control Disthnl territory Figure 1 provides a map of the watershed boundaries and notes the jurisdictional boundaries of the Permittees. Permittees do not have jurisdiction over lands owned by school districts, the State of California, or the Federal government. The Peninsula EWMP area identified by watershed and Permittee is provided in Table 1. 5 of 19 • Table 1. Land Area by Peninsula EWMP Agency Land Area within E Land Area Land Area within Tota Santa Monica within Machado Greater LA Harbor Permittee 4 EWMP Bay Watershed Lake Watershed Watershed Area (Square Miles) Miles) Miles) Rancho Palos 9.35 1.07 3.02 13.5 Verdes Palos Verdes Estates 4.35 3 0.39 0 F 4.8 Rolling Hills Estates 0.46 2.78 0.34 3.6 County of Los - E 0 0.70 0 0.7 .11‘1_91eles Los Angeles County s F _ } Flood Control N/A I N/A N/A 0 District Total 14.2.._...................... 4 3.4 22.6 3.0 Objectives The objective of the consultant contract is to develop an EWMP and a corresponding CIMP for the participating agencies of the Palos Verdes Peninsula. The EWMP shall prioritize water-quality issues and comprehensively evaluate opportunities for multibenefit regional projects and maximize the recharge and capture and reuse of stormwater runoff. Ultimately, the EWMP shall include controls to the maximum extent practicable to ensure that discharges from Permittees' jurisdictions achieve applicable water-quality standards pursuant to the MS4 Permit. 4.0 Task Items The consultant shall be familiar with pertinent MS4 Permit provisions and applicable TMDi s to complete the following work to the satisfaction of the Penins ila EWMP agencies and the Regional Board, and other associated bodies: 4.1 Provide project management and organize and conduct meetings 4.2 Prepare a Final EWMP Work Plan 4.3 Prepare a Coordinated Integrated Monitoring Plan (CIMP) 4.4 Design Project identification (for each watershed) 4.5 Prepare Draft EWMP Plan 4.6 Prepare a Final EWMP Plan 6 of 19 5.0 Project Management, Coordination, and Meetings The Consultant shall provide project management services to ensure that all work deliverables are provided on or ahead of schedule and within budget. The consultant shall: 5.1 Provide a detailed schedule to complete all the tasks of this Scope of Work to be approved by the Peninsula agencies. This schedule shall be updated monthly and provided to the Peninsula agencies. It is estimated at issuance of this RFP that the total number of regular meetings will be close to fifteen (15) monthly meetings plus a total of eight (8) additional regular meetings that would be needed at the beginning and close of the process. Also, it is estimated at issuance of this RFP that the meeting duration would average 1.5 hours, but may be longer for the meetings at the beginning and end of the process. 5.2 Schedule and prepare agendas and minutes for each regular and special Peninsula EWMP/CIMP meeting. 5.3 Attend and participate in meetings of the Technical Advisory Committee (TAC), which will be established pursuant to the MS4 Permit to provide input in the development of the EWMP. Consultant should assume that four(4) TAC meetings will occur. 5.4 Attend and lead special meetings with the Peninsula agencies and interested parties to solicit input and feedback on the Draft EWMP Work Plan, Draft CI M P, and Draft EWMP Plan. Consultant should assume that three (3) special meetings will occur. 5.5 Attend and participate in meetings with Regional Board staff and other stakeholders as needed. Consultant should assume that six (6) meetings will occur. 6.0 Enhanced Watershed Management Program (EWMP) Work Plan In consultation with the Peninsula EWMP agencies and TAC, the Consultant shall prepare interim technical memos, a draft Work Plan and a final EWMP Work Plan. The consultant shall perform, at minimum, the following activities: 6.1 Organize the Work Plan, draft EWMP, and final EWMP into three chapters. One chapter that meets the requirements for the Santa Monica Bay Watershed (J7), one chapter for the Machado Lake Watershed, and one chapter for the Greater Los Angeles Harbor Watershed. Organization of final EWMP including the three separate chapters shall be consistent and in compliance with the Los Angeles Regional Water Quality Board's requirements. 7 of 19 0 6.2 Consultant will need to incorporate the existing and emerging work products from various other individual WMPs, collective WMPs, and other EWMPs as needed to address regional TMDL compliance for members of the Peninsula EWMP. 6.3 Identification of Water Quality Priorities: Consultant shall develop a memorandum characterizing water quality conditions within each WMA, identifying water quality priorities, determining water body-pollutant classifications, and assessing sources. Completion of the memorandum shall include the following: 6.3.1 Compile all readily available, relevant, and appropriately collected water quality monitoring datasets containing data collected within at least the last 10 years (January 1, 2002). It is expected that the majority of datasets will be provided by the Peninsula EWMP agencies or be available from the Regional Board. Consultant shall establish quality assurance/quality control (QA/QC) criteria and conduct a QA/QC check of the data and identification of the datasets meeting the criteria for use. 6.3.2 Evaluate existing water-quality conditions, including characterization of stormwater and non-stormwater discharges from the MS4 and the receiving water body. The evaluation shall consider existing TMDLs and 303(d) listings as well as available receiving water and outfall data compiled as part of the task above and result in the identification of water-quality issues. 6.3.3 Identify the potential water-quality priorities including applicable water quality based effluent limitations and/or receiving water limitations established pursuant to TMDLs included in the MS4 Permit and 303(d) listings, and other exceedances of receiving water limitations. 6.3.4 Classify water-quality issues resulting from stormwater and non- stormwater discharges to the MS4 and from the MS4 to receiving waters issues as Category 1 (Highest Priority), Category 2 (High Priority), or Category 3 (Medium Priority) as described in the Permit. 6.3.5 Identify which 303(d) listings and other exceedances of receiving water limitations are in the same class as those addressed in a TMDL in the watershed. 6.3.6 Gather available reports and sampling information and research, to identify, evaluate, and prioritize known and suspected stormwater 8 of 19 0 and non-stormwater pollutant sources in discharges to the MS4 and from the MS4 to receiving waters and any other stressors related to MS4 discharges causing or contributing to the highest water-quality priorities (Categories 1 through 3). 6.3.7 Utilize the data compiled as part of the above tasks to complete a source assessment for the water body-pollutant combinations in Categories 1 through 3. 6.4 Summary of Existing and Potential Control Measures: Consultant shall develop a memorandum characterizing existing control measures within the Peninsula EWMP agencies. The summary shall include: 6.4.1 Compile existing control measures, including minimum control measures, and BMP programs already in effect. Consultant shall develop a template for Peninsula EWMP agencies to use to summarize existing minimum control measures and identify areas where modification to MCMs may be warranted. Consultant shall compile submitted materials. 6.4.2 Outline a process for determining which MCMs could potentially be modified, how to modify MCMs, and information that may be necessary to support the modifications. 6.4.3 Review existing planning efforts, including TM DL IPs, I RWM Ps, etc. provided by the Peninsula EWMP agencies for projects throughout the watershed for possible inclusion in the EWMP. Summarize the regional projects that are proposed in previous planning efforts including location, preliminary design characteristics, and the status of project implementation. Also summarize regional control measures in existing plans that provide multiple benefits and support beneficial reuse, recycling, or recharge of treated stormwater in addition to opportunities to incorporate habitat recreational, and open space. 6.4.4 Review and summarize data regarding performance of regional, distributed structural, and institutional non-structural control measures for reducing stormwater and non-stormwater flows and priority pollutants. Data to be considered will be provided by the Peninsula EWMP agencies, will be specific to southern California, and should be analyzed in consideration of applicable receiving water limitations, WQBELs, etc. 6.4.5 Identify a preliminary list of potential regional projects, based on Task 6.2.3, to retain (i) all non-stormwater and (ii) all stormwater runoff of the volume equivalent to the 85th percentile, 24-hour 9 of 19 storm event for the drainage area tributary to the project. 6.4.6 Develop an approach for identifying additional regional projects and evaluating all potential regional projects. Approach should consider focusing on publicly-owned properties as well as private properties with open space (such as large parking lots). Evaluation should consider opportunities for incorporation of multi-use features at potential locations. 6.5 Reasonable Assurance Analysis Approach: Consultant shall develop an approach to meet the requirements of conducting a Reasonable Assurance Analysis (RAA) to demonstrate that the watershed control measures identified in the EWMP will result in MS4 discharges achieving applicable WQBELs and RWLs per Part VI.C.5.b.iv.(5). Development of the approach shall include the following: 6.5.1 Outline the proposed modeling process for evaluating and selecting watershed control measures. The types of watershed control measures to be evaluated should be summarized including MCMs and non-structural, distributed structural, and regional/centralized structural controls. Describe the process for representing these watershed control measures in the modeling system and quantifying their effectiveness. Describe how the model will select the watershed control measures that are recommended for implementation via the EWMP. Describe how jurisdictional boundaries will be accounted for when selecting watershed control measures. 6.5.2 Outline the process for demonstrating the effects of to-be- implemented watershed control measures on stormwater quality, non-stormwater quality, and receiving water quality. Describe how the effects of BMPs will be compared to receiving water limitations, TMDL wasteload allocations, WQBELs and other applicable targets at the watershed and jurisdictional scale. 6.5.3 Outline the process for creating a BMP implementation sequence/schedule/timeline based on the model-recommended BMP scenario(s). Consider schedules for watershed control measures that have already been planned, scheduled, and/or implemented by agencies in the watershed or region. 6.6 Prepare Draft and Final EWMP Work Plans: Consultant shall prepare a Draft and Final EWMP Work Plan incorporating the above information and: 10 of 19 1111 6.6.1 Propose approaches to addressing 303(d) listed and non-303(d) listed receiving water exceedances not addressed by a TMDL in the watershed. 6.6.2 Develop detailed schedule and strategy to complete the EWMP Plan. Additionally, milestones presented in the NOI should be re- evaluated to ensure consistency or, if necessary, alternatives shall be proposed for consideration by the Regional Board. 6.6.3 Propose a prioritization and sequence to the waterbody pollutant issues. Prioritization shall include TMDLs and other receiving water considerations. 6.6.4 Prepare a Draft EWMP Work Plan with a schedule and strategy to complete the EWMP Plan as described in the MS4 Permit and this Scope of Work. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Draft EWMP Work Plan. 6.6.5 Finalize EWMP Work Plan. It is assumed that Consultant will revise the Draft EWMP Work Plan two times. The Consultant shall provide four weeks for review of the initial Draft EWMP Work Plan and two weeks for review of the revised Draft EWMP Work Plan. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Final EWMP Work Plan. 6.7 Outreach Specific to EWMP Work Plan Development: Consultant shall conduct up to four meetings specific to EMWP Work Plan Development to perform outreach to community groups, nongovernment organizations, water supply agencies, and other potential project partners and stakeholders to solicit input on the scope and content of the draft Work Plan. 6.8 Review and Validation of EWMP Development Scope and Budget (Task 8): Consultant shall review the Task 8 scope of work and budget estimate to identify whether significant differences exist and, if necessary, propose revisions for consideration by the Peninsula EWMP agencies. Deliverables and Schedule: 1. Draft Memorandum as described in Task 6.3: December 2013 2. Draft Memorandum as described in Task 6.4: December 2013 3. Draft Memorandum as described in Task 6.4.3-6.4.4: January 2014 4. Draft EWMP Work Plan as described in Task 6.6: February 2014 5. Final EWMP Work Plan as described in Task 6.6: June 2014 11 of 19 • 6. Draft Memorandum as described in Task 6.8: June 2014 It is expected that one revision will be required of each of the draft memoranda. However, memoranda will not be finalized, per se; rather final versions of the information will be presented in the Draft and Final EWMP Work Plans. Note there is no specific task to revise the Final EWMP Work Plan based on Regional Board comments as it is expected their comments will be received on the Draft EWMP Work. Additionally, comments on the Final EWMP Work Plan can potentially be addressed during EWMP Plan development. 7.0 Coordinated Integrated Monitoring Plan (CIMP) The consultant shall prepare interim technical memos, a draft CIMP and a final CIMP. The CIMP shall address all TMDL and Non-TM DL monitoring requirements of the MS4 Permit for all members of the Peninsula CIMP including: • Receiving water monitoring • Stormwater outfall based monitoring • Nonstormwater outfall based monitoring • New development/redevelopment effectiveness tracking • Regional Studies In preparing the CIMP, the consultant shall perform the following activities to meet the requirements of the above-listed monitoring elements: 7.1 Outfall and Receiving Water Monitoring Approach: The Consultant shall develop an approach to meet all of the required monitoring elements and generate a memorandum consisting of the following: 7.1.1 Compilation of GIS layers associated with storm drains, channels, and outfalls. 7.1.2 A summary of all TMDL and MS4 Permit required outfall based, receiving water, and special study monitoring requirements. 7.1.3 A summary of existing programs completed to date and available data. 7.1.4 A storm water outfall based monitoring approach including an estimated number of outfalls necessary to meet the TMDL and MS4 permit requirements. 7.1.5 A non-storm water outfall based screening and monitoring plan including approaches to 1) conducting an inventory of MS4 ouffalls, 2) identify ouffalls with significant non-stormwater discharges, 3) prioritize source investigations, 4) identify sources of significant 12 of 19 • non-stormwater discharges, and 5) monitoring of non-stormwater discharges exceeding criteria. 7.1.6 An approach to integrating TMDL and MS4 Permit receiving water monitoring requirements and identification of an estimated number of sites, and general locations, necessary to meet TMDL and MS4 permit requirements. 7.1.7 An approach to integrate, to the extent practicable, the TMDL special study requirements. 7.1.8 A discussion of how Peninsula CIMP members plan to participate in the Southern California Stormwater Monitoring Coalition (SMC) Regional Watershed Monitoring Program (bioassessment). 7.2 Site Selection: The Consultant shall develop a memorandum identifying sites to meet the requirements of MS4 Permit outfall and receiving water monitoring and TMDL requirements. The memorandum shall consist of the following: 7.2.1 A summary of field surveys evaluating potential sites, with consideration of all necessary factors including, but not limited to the expected representativeness, accessibility, availability of power as needed and security, to determine the most appropriate monitoring stations for both dry- and wet-weather monitoring. The consultant shall consider existing monitoring stations already used for TMDLs and land use based representative sampling is strongly encouraged. It is acknowledged that dry weather outfall sites may not be identified at this point given the MS4 Permit process for selecting non-stormwater outfall monitoring sites. 7.2.2 A summary of the proposed sites, including the description of factors used in the selection, photographs of the selected sites, and maps showing the sites. 7.3 New Development and Re-development Effectiveness Tracking: The Consultant shall develop a memorandum consisting of the following: 7.3.1 A template for Peninsula CIMP members to use to summarize existing tracking processes. 7.3.2 Reporting and data management protocols. 7.3.3 A system to share the tracking among the permittees in the Peninsula CIMP. 13 of 19 7.4 Draft and Final CIMP: The Consultant shall prepare a Draft and Final CIMP that proposes an optimal and cost-effective monitoring design that meets the intended objectives of the MS4 Permit, incorporates the above information and: 7.4.1 Describes the sample collection methods, analytical methods, field observation requirements, Toxicity Identification Evaluation (TIE) initiation approach, and QA/QC protocols. 7.4.2 If possible, identify appropriate laboratories. It is acknowledged that due to procurement requirements it may not be possible to identify laboratories prior to Final CIMP submittal to the Regional Board. 7.4.3 Describe how collected data will be compiled and stored to support future assessment and reporting efforts. 7.4.4 Outline an integrated monitoring and assessment program to evaluate progress toward achieving applicable limitations. 7.4.5 Describe the process for revising components of the CIMP. 7.4.6 Prepare a Draft CIMP as described in the MS4 Permit and this Scope of Work. Additionally, a cost estimate to implement the CIMP shall be provided. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Draft CIMP. 7.4.7 Finalize CIMP. It is assumed that Consultant will revise the Draft CIMP two times. The Consultant shall provide four weeks for review of the initial Draft CIMP and two weeks for review of the revised Draft CIMP. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Final CIMP. 7.4.8 The consultant shall revise the CIMP based on the Regional Board's comments within 2 months of receiving the comments. 7.5 Outreach Specific to CIMP Development: The Consultant shall conduct up to four (4) meetings specific to CIMP development to perform outreach to community groups, nongovernment organizations, water supply agencies, and other potential project partners and stakeholders to solicit input on the scope and content of the draft CIMP. Deliverables and Schedule: 14 of 19 1. Draft Memorandum as described in Task 7.1: September 2013 2. Draft Memorandum as described in Task 7.2: October 2013 3. Draft Memorandum as described in Task 7.3: October 2013 4. Draft CIMP as described in Task 7.4: November 2013 5. Final CIMP as described in Task 7.4: December 2013 It is expected that one revision will be required of each of the draft memoranda. However, memoranda will not be finalized, per se; rather final versions of the information will be presented in the Draft and Final CIMPs. 8.0 Enhanced Watershed Management Program (EWMP) Plan In consultation with the Peninsula EWMP agencies and TAC, the Consultant shall prepare an EWMP Plan by implementing all aspects of the Final Work Plan, providing technical memos, a Draft EWMP Plan and a Final EWMP Plan. It is acknowledged that the following scope items may need to be revised based on the Final EWMP Work Plan. In preparing the EWMP Plan, the consultant shall perform the following activities: 8.1 Finalize Approach to Addressing USEPA TMDLs, 303(d) Listings, and Other Exceedances of Receiving Water Limitations: The Consultant shall address permit requirements related to USEPA TMDLs, 303(d) listings, and other exceedances of receiving water limitations as follows: 8.1.1 Develop interim numeric milestones and compliance schedules for the following eight (8) TMDLs: a. Santa Monica Bay Beaches Wet Weather Bacteria TMDL — Group 7 b. Santa Monica Bay Beaches Dry Weather Bacteria TMDL — Group 7 c. Santa Monica Bay Nearshore and Offshore Debris TMDL d. Santa Monica Bay TMDL for DDTs and PCBs e. Machado Lake Trash TMDL f. Machado Lake Nutrient TMDL g. Machado Lake Pesticides and PCBs (Toxics) TMDL h. Greater Los Angeles and Long Beach Harbor Waters Toxic Pollutants TMDL 8.1.2 Develop interim numeric milestones and compliance schedules for the 303(d) listed and non-303(d) listed receiving water limitations exceedances not addressed in a TMDL in the watershed. 8.2 Develop List of Regional Projects and Conduct Initial Screening: For regional projects the Consultant shall: 15 of 19 • 8.2.1 Identify additional potential locations for regional projects to retain (i) all non-stormwater and (ii) all stormwater runoff of the volume equivalent to the 85th percentile, 24-hour storm event for the drainage area tributary to the project. Describe the multiuse features of these potential projects. 8.2.2 Select a preliminary list of regional projects for initial screening based on the Final EWMP Work Plan approach and develop draft memorandum. 8.2.3 Develop list of proposed project sites based on Peninsula EWMP agencies feedback on memorandum. 8.2.4 Conduct preliminary soils analysis and testing of proposed regional project sites to support feasibility analysis. 8.2.5 Perform an initial environmental study for all proposed regional projects to support feasibility analysis. Review and summarize the regulatory issues, environmental permits and other requirements, for implementing the proposed project sites. 8.2.6 Evaluate the feasibility of constructing all identified regional projects including rough costs and develop recommended final list. 8.3 Identify Selected Watershed Control Measures and Conduct Reasonable Assurance Analysis: Utilizing the process outlined in the Work Plan the Consultant shall: 8.3.1 Prepare quantitative analysis or modeling tool to represent hydrology, hydraulics, stormwater quality, non-stormwater quality, and receiving water quality before and after implementation of watershed control measures. 8.3.2 Summarize MCMs, specific modifications to MCMs proposed by Peninsula EWMP agencies, and information supporting modifications to MCMs provided by Peninsula EWMP agencies. 8.3.3 For the portion of the watershed that cannot be addressed with regional projects, identify additional structural and nonstructural watershed control measures to achieve applicable WQBELs and/or RWLs for each TMDL, 303(d) listing, and receiving water exceedances, consistent with applicable compliance schedules in the Permit. Incorporate effective innovative technologies, approaches and practices, including green infrastructure and low- impact development strategies. 16 of 19 • 8.3.4 Conduct a Reasonable Assurance Analysis for each TMDL, 303(d) listing, and receiving water exceedances that consists of an assessment (through quantitative analysis or modeling) to demonstrate that the identified in the watershed control measures will achieve applicable WQBELs and/or RWLs. 8.4 Develop Project Schedules and Cost Estimates: Based on the selected watershed control measures the Consultant shall: 8.4.1 Develop cost estimates for implementing the proposed watershed control measures. The cost analysis should include any necessary planning, design, permits, construction, operation and maintenance, energy, waste removal, post construction monitoring, and right of way acquisition. 8.4.2 Prepare schedules and sequencing for each of the proposed watershed control measures. The sequencing shall be based on the approach outlined in the Work Plan. The schedules should account for: 8.4.2.1 TMDL compliance schedules, Water Quality Priorities categories, and proposed milestones. 8.4.2.2 The implementation period and milestones during the current Permit term should be differentiated from the future implementation period beyond of the current Permit term. 8.4.2.3 The schedules shall identify the responsibilities of each individual Permittee. 8.4.2.4 The project schedules should include planning, design, permits, right of way acquisition, construction, operation and maintenance, energy, waste removal, and post- construction monitoring. Develop realistic construction durations for each proposed project including preconstruction activities such as bid, award, notice to proceed, move in, construction subactivities depending on the Scope of Work, construction completion, post- construction monitoring, etc. 8.4.2.5 Recommend a reasonable time frame to initiate the projects, nonstructural solutions, and programs during the compliance timeframes. 17 of 19 • 8.5 Prepare Draft and Final EWMP Plans: Consultant shall prepare Draft and Final EWMP Plans incorporating the above information and: 8.5.1 Incorporate and where necessary, develop milestones and compliance schedules into the EWMP to measure progress toward addressing the highest water-quality priorities and achieving applicable WQBELs and/or RWLs in the shortest time as possible taking into account technological, operation, and economic factors. 8.5.2 As needed, propose modifications to the CIMP for consideration by the Peninsula EWMP/CIMP agencies and Regional Board. 8.5.3 Outline an adaptive management process for the Peninsula EWMP agencies to 1) support the required every two year comprehensive evaluation of the effectiveness of the EWMP and 2) modify control measures and/or monitoring accordingly to address currently identified priorities and/or future priorities. 8.5.4 Prepare a Draft EWMP Plan as described in the MS4 Permit and this Scope of Work. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Draft EWMP Plan. 8.5.5 Finalize EWMP Plan. It is assumed that Consultant will revise the Draft EWMP Plan two times. The Consultant shall provide four weeks for review of the initial Draft EWMP Plan and two weeks for review of the revised Draft EWMP Plan. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Final EWMP Plan. 8.5.6 The consultant shall revise the EWMP plan based on the Regional Board's comments within 2 months of receiving the comments. 8.6 Outreach Specific to EWMP Plan Development: Consultant shall conduct up to four (4) meetings specific to EMWP Plan development to perform outreach to community groups, nongovernment organizations, water supply agencies, and other potential project partners and stakeholders to solicit input on EWMP Plan. Deliverables and Schedule: 1. Draft Memorandum as described in Task 8.1: August 2014 2. Draft Memorandum as described in Task 8.2.1 and 8.2.2: August 2014 3. Draft Memorandum as described in Task 8.2.3-8.2.6 and 8.3: December 2015 4. Draft Memorandum as described in Task 8.4: February 2015 5. Draft EWMP Plan as described in Task 8.5: June 2015 18 of 19 • 0 . 6. Final EWMP Plan as described in Task 8.5: January 2016 It is expected that one revision will be required of each of the draft memoranda. However, memoranda will not be finalized, per se; rather final versions of the information will be presented in the Draft and Final EWMP Plans. 19 of 19