02-011 Genevieve Fire~'
~~ 1,'
CiiY QF
~UPER,TIN
AGREEMENT
~ j ~ Q CITY OF CUPERTINO
~ / ~, ~j I 10300 Torre Avenue
~/ ~ Cupertino, CA 95014
(408) 777-3200
BY THIS AGREEMENT, made and entered into on the 20TH
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) GENEVIEVE FIRE _ (2)
NO. ~ I ~b
~_~!t
day of NOVEMBER
20 02 ,
Address 1195 THURSTON AVE. City LOS ALTOS Zip 94024 Phone (650) 390-0909
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
CIVIL ENGINEERING TECHNICAL ASSISTANCE FOR T,~SKS REQUIRED FOR CITY'S COMPLIANCE W/NPDES PERMIZ
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: PROVISION C.3
TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on JULY L, 2002
and shall be completed before .iiTNF. 3n, 2003
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
SHALL NOT EXCEED :124,000.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the Cii:y, its officers, agents and employees from any and all damage and
liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liable for acts of Contractor in performing services described herein.
due to negligence, errors and omissions
Insurance: Should the City require evidence of insurability, Contract~~r shall file with Ciry a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor is not authorized to bind the City to any cor~tracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME LAVENIA MTT.T,AR _ DEPARTMENT pJJRT.TC ~T~i"irKC
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
By ~-~,
Title owrur ~ ~-,e,~¢~icvp~ ~%~ E.
Soc. Sec. # -~
•,.
C-1TY OF CUPERTINO:
E'y
Title ,
EXPENDITURE DISTRIBU O ~J~ (y ' l OZ
~N~~%/ "
Q M ACCOUNT NUMBER A
t
CITY C E DATE
//- 7~ a'
230-8004-7014
$24,000.00
White: City Clerk ~ Green: Finance Yellow: Contractor Pink: Receiving Gold: Department
City of Cupertino Urban Runoff Management Program
FY 2002-2003
New and Re-Development Technical Assistance
Summary of Tasks and Estimated Effort by Genevieve Fire, P.E.
Permit
Provision
Description
Due Date Est. Time
(Hours)
C.3.b.2 Develo new or revise existin Review Process for Gr . 1 ro'ects Jul-03 18
C.3.b.3 Staff uidance on C.3 rovisions and ReviE;w Process chan es Jun-03 10
C.3.c.4 Assist Pro ram w/ Gr . 1 Guidance Manu~il & customize for Cu ertino Mar-03 50
C.3.c.5 Assist Pro ram w/revised Plannin Proc. F'erf. Stand. Mar-03 8
C.3.c.6 Customize model Plannin Proc. Perf. Stand. Jun-03 6
C.3.c.7&c.8 Assist Pro ram w/alt. ro'ect size anal sis A r-03 6
C.3.e.1 Develo /im lement data collection for Gr . 1 BMPs Jun-03 16
C.3.e.2&e.4 . Assist Pro ram to develo BMP O&M a re~ements & fact sheets Dec-02 4
C.3.e.3 Customize BMP O&M a reement for Cu ertino Jun-03 8
C.3.f Assist Pro ram with HMP technical review Oct-03 20
C.3. .1 Assist Pro ram w/Waiver Pro ram develo ~ment Mar-03 4
C.3. .2 Assist Ci to evaluate feasibili of Cu ertino Waiver Pro ram Jun-03 4
C.3.'.2 Review Cu ertino desi n standards/ uidance for consistenc w/
Provision C.3 & other documents such as "Start at the Source" Se -03 36
C.3.k.1 Assist Pro ram to revise Plannin Proc. P.S. Source Control re Mar-03 6
C.3.k.2 Customize new P.S. for Cu ertino see C.3.c.6 Mar-03 4
C.3.k.3 Revise Cu ertino BMP matrix to incor .new Source Control re Jul-03 16
C.3.1.1 As re uested, review new Cu ertino General Plan Dec-03 2
C.3.m.1 Review and, as needed, revise environmental im act documents Mar-03 12
C.3.n.4 Develo method for collectin BMP data and rovide staff uidance Jun-03 16
Assist with Annual Re ortin Jun-03 24
General Urban Runoff Control Technical Assistance Jun-03 ~y
Total Estimated Hours 2$Y
Total Estimated Cost (@ $85/hour) $ ,000
Prep. by G. Fire
2/27/02
• VI. D..~, b.
Santa Clara Valley Urban Runoff Pollution Prevention Program
Work Plan for Tasks Related to Implementation of Permit Provision C.3.
(New and RedeveloF-ment Requirements)
FYs 01-02 and 02-03
December 19, 2001
(revised December 21, 2001)
Introduction
The purpose of this Work Plan is to organize the c;fforts to be completed by the Program and the
Co-permittees in order to meet the requirements of the Program's NPDES Permit Provision C.3.,
New and Redevelopment Project Requirements, ~~s revised by Order 01-119 (adopted 10/17/01).
Work Plan elements correspond to each subsecti~m of Provision C.3. The Work Plan identifies the
goals of each element, proposed actions, and connpletion schedules. The Work Plan also
identifies whether actions will be implemented at the Program level, Co-permittee level, or both. In
this way, the Work Plan serves as guidance to the: Co-permittees for developing their individual
work plans for inclusion in the Program's f=11' 02-0:3 Work Plan submittal to the Regional Board, due
March 1, 2002. Co-permittee work plans provide more detail on subtasks speck to each Co-
permittee and appropriate schedules.
C~)
In order to ensure a coordinated, collaborative Program-wide approach, it is requested that Co-'~
permittee work plan tasks that are developed and conducted outside of this work plan framework ; ~ ~ ~
be communicated to the Management Committee and coordinated with the overall efforts of the- ,.
Program.
Also, in consideration of the interest of other Bay ~~rea stormwater agencies in the Program's
• `.• efforts to implement C.3., Program staff will look for opportunities to work with BASMAA agencies,
through the BASMAA New Development Commitfiee, on some of the C.3. elements and allow for
their review and input as time permits.
Legend:
"X" =will implement at this level (Program nor Co-permittee)
"N" =not being implemented at this level
"A" =assist with or develop guidance for implementation'
"R" =coordinate with regional effort
"O" =optional
"CI" =continuous improvement
"WD" =Santa Clara Valley Water District
"CSJ" =City of San Jose
"TBD" = to be determined
"AR" =annual report
Completion dates in bold are dates specifi~ad in Permit Provision C.3.
Completion dates in italics are suggested elates based on the permit- required
schedule for other tasks.
~..,
t;
,"; .`
~ Co-permittee assistance with a grogram-level activity can consist of participation in an ad hoc task group, and/or review
and approval of Program products.
F:\sc3310203 Work Plan\C3 Work Plan Guidance 12-21-01
Draft #2 12/19/01
Santa Clara Valley Urban Runoff Pollution Prevention Program
Work Plan for Provision C.3. (New and Redevelopment Requirements)
C.3.b. Development Project Approval Process
Goal: To modify local Co-perrnittee development project approval processes, for ~ c a o
both private and public development projects, to incorporate the requirements of E € ~ ~ ~
Provision C.3. 1°
w m
a ~
E ~ ~~ ~
Q
Actions -
a
v
ci o c~i
~ v
b.1. Assess current stormwater-related requirements in Co-permittee's A X 6/02 b. (aln
development review process, for public and private projects, and identify
additional steps or tools required at each stage of the process to meet
C.3. requirements.
b.2. Develop new or modify existing review policies, procedures, and/or A X b. (all)
conditions of approval to incorporate Group 1 requirements (based on 7/1/03
results of tasks under C.3.c. through C.3.m.)
b.3. Train Co-permittee staff in planning, building, and engineering A X 6/03 b. (alb
departments on the C.3. provisions and goals, the required changes in (Program
the approval process, and the use of appropriate tools. workshop
11/02)
b.4. Submit work plan for completion of Provision C.3.b, requirements. N X 3/02 b. past
Identify incremental progress made towani completion of Actions b.1 ., para.)
b.2., and b.3. above in FY 02-03 Work Plan. (For example, completion of
"Development Policies Comparison" work sheet.)
C.3.c. Requirements for Group 1 and Group 2 Projects
Goal: Prepare to require proponents of Group 1 projects to design and
implement stormwater treatment BMPs to reduce stormwater pollution to the
maximum extent practicable. Participate in development of the proposal for an m ~ ~ c
alternative Group 2 project definition and prepare to implement C.3. requirements
E ~
~ ~
m ~
~
for Group 2 projects as needed. tO ~, Q, ~
~
°' °'
U E m a ri
Actions - a d o it (U
c.1. Develop and implement a procedure to request and log the type, size, N X •4/02 c.i.,
and impervious area of every project (and extent of redevelopment if c.iii.,
applicable) for determination of applicabilfty of Group 1 (and later Group n.
2) requirements.
c.2. Develop a method for determining whether a private project was "deemed N X 3/02 c.
complete" by 7/15/03, or documenting that a public project was funded (1 ~
and scheduled for construction by 10/15/03. para.)
c.3. Submit work plan for completion of Provision C.3.c. requirements. N X 3/02 c.i.
Identify incremental progress made towani completion of Actions c.1. and
c.2. above, and other actions related to Group 1 implementation, in FY
02-03 Work Plan.
c.4. Compile guidance being developed under other elements p.e., project X A(O) Draft 12/02;
review procedures, site design measures, source control measures, Fina/3/o3
numeric design criteria, O8M verification, etc.) into one guidance manual
for implementation of Group 1 project requirements.
F:lsc33\0203 Work Plan\C3 Work Pian Guidance 12-21-01 2 Draft #2 12/19/01
SCVURPPP Work Plan for C3
FYs 01-02 and 02-03
c.5. Revise portions of the model Planning Procedures Performance X A Draft 92!02;
Standards to incorporate the Group 1 requirements and other C.3. Fine! 3/9/03
requirements.
c.6. Incorporate revised model Planning Procedures Performance Standards N X 6/03
in to local urban runoff management plans.
c.7. Develop approach for evaluating an alternative projec# size and identify X A 3/02 c
iii
data needs from Co-permittees. .
.
c.8. Conduct analysis of atemative project size and prepare proposal for X A 4/15/04 c
iii
submittal to Regional Boarci. .
.
c.9. Update guidance manual and performance standards for Group 2 projects X A C/
as needed.
C.3.d. Numeric Sizing Criteria
Goal: Develop specific and clear hydraulic design criteria to assist agencies and ~
~
c m o
project applicants ih sizing BMPs to meet requirements of provision C.3.d. ~ ~ ~ m a
Actions - `o,
` o. °' m
•g to
a v v t? ~ ~
d.1. Analyze local rainfall data and develop area-specific volume and flow X A 9/02 d. (ail)
based design criteria (Program with assistance from SCVWD). (Wp)
d.2. Develop guidance on appropriate criteria to use for each BMP type. X A(O) 92/02
^.3.e. Operation and Maintenance of Treatment BMPs c~ ~;
' ~ Goal: To develop and implement local agency operation and I~naintenance (O&M)
° ~°
~ U
m
verification programs to help ensure the proper maintenance of stormwater E ~ a
treatment measures on public and private property.
c
€
n c
•`- o
Actions -
,_ a` v ti ~ ~
` .
~e.1.) Develop and implement a procedure for logging infortn~ation about
A
X
x/03
e.i.
treatment BMPs installed at approved Group 1 projed:~, and for (7/15/03)
maintaining a list or database of properties, treatment BMPs, and
responsible operators.
e.2. Develop model language for documents assigning resl~onsibiliry to the X A(O) 92/02 e.ii.
developer/owner of private projects for OB~M of treatment BMPs, or to the
appropriate agency for O8M of treatment BMPs at public projects. These
documents may include O&M responsibility agreements, written
conditions in sales/ lease agreements, use permit conditions, provisions
in CC&Rs, etc.
e 3. Adapt model O&M agreement language to meet agency-specific needs N X 6/03 e.ii.
`~ and requirements and incorporate into the project review and approval
process.
e.4. Develop fact sheets on the O&M requirements and freciuencies for X A(O) 3/03
various BMP types that can be used to educate parties responsible for
O&M and attached to O&M agreements. Include fact sheets for pesticide
reduction measures related to landscape maintenance..
F:1sc3310203 Work PIan1C3 Work Plan Guidance 12-21-01 3 Draft #212/19/01
SCVURPPP Work Plan for C3
FYs 01-02 and 02-03
e.5. Develop local programs for inspection of a subset of prioritized treatment A X 6/03 e. (all)..
BMPs to verify that proper 08~M is being performed by the responsible (7/15/03)
party (Program to assist in defining which BMPs are priority for . .
inspection.)
e.6. Report on the Co-perrnittee's treatment BMPs 08~M verification program A X 9103 AR and e.iii.
in each annual report, including organizational structure, evaluation of ongoing
effectiveness, and planned improvement to the program. Include a list or
summary of treatment BMPs inspected during the year, inspection results,
and any required follow-up and correction.
C.3.f. Hydromodification Manaaement Plan ~,
Goal: To manage increases in runoff peak flow and volume for Group 1 projects, m o
where such increases may cause increased erosion of creek beds and banks or
~
c a ~
~ o
related impacts, through implementation of a hydromodification management plan E € '~ ~ ~
(HMP). B ~, fl.
E '3 N
~
Actions - ~
a
v
v ~
~v
f.1. Complete the HMP and required interim products (Program, SCVWD, and X A(O) f.viii.
City of San Jose have lead role): 3/1/02
- Detailed work plan and schedule 9/15/02
-- Literature review ~ 3/1103
- Draft HMP 10/15/03
- Final HMP (for approval by the Regional Board).
f.2. Develop guidance to the Co-permittees on implementation of the HMP as X A(O) Draft 10/03;
part of requirements for Group 1 projects that may cause increased Final after Re
erosion or other related impacts. approval
f ~. Upon adoption by the Regional Board, begin implementation of HMP N X 1Q/03 (early f.viii.5.,
requirements for Group 1 projects that may cause increased erosion or implement); f.i., c.i.
other related impacts. Before adoption, encourage early implementation TBD pending
of likely elements of the HMP where possible. RB approval
f.4. Evaluate potential regional treatment and/or flow control projects (Water A X 6/03; ongoing f.vii.,
District with Program and City of San Jose assistance.). (VVD) 9•ii•
C.3.a. Waiver and Compensatory Mitiaation Proaram
Goal: Establish a program under which a project proponent may request a waiver a~
~
from treatment BMP requirements due to impracticability, with a provision to a ~ m o
provide an equivalent water quality benefit to the same receiving water (that ~ ~ _ ~
allows participation in regional solutions). ~ € n ~ con
~ °- E o-
Actions - a U U ~ cU
g.1. Develop a model waiver program that includes: X A Draft 12/02; g.iii.
-the legal requirements and mechanisms for implementing the waiver
program Fina13/03
- criteria for determining impracticability or infeasibility (technical and
financial);
- method for evaluating the equivalency of the proposed mitigation;
- criteria for participation in regions! facilities;
- requirements for logging project information for reporting purposes.
F: \sc33\0203 Work Plan\C3 Work Plan Guidance 12-21-01 4 Draft #2 12/19/01
' ~ SCVURPPP Work Plan for C3
FYs 09-02 and 02-03
I g.2. Develop local waiver program, pertorm legal review, rind incorporate N X 6/03 g.iii.,
waiver provisions in project review process. (if model program has not (7/15103) g.vi.
. been adopted by Regional Board, develop interim waiver program per
C.3.g.vi.)
g.3. Begin tracking information for reporting on waivers granted, including N X 7103 (as g.v,
project name, location, type, percent impervious surtace, reasons for and needed)
terms of waiver, and the alternative benefit project anti completion date.
C.3.h. Alternative Certification
a~
.
Goal: To allow a professionally qualified person (per C.3.h.) or another Co- ~ .
~ ~
permittee with overlapping jurisdiction to certify the adequacy ~~f design of *' ~ ,,
~ ~.°-
stormwater treatment measures (per C.3.d. and f.). E
B
~
n ~
B ~
Actions - a
a a
U .
E a'ri
v ~ U
h.1. Develop an internal procedure to allow alternative cerlafication. N X(O) 6/03
C.3.I. Site Design Measures Guidance and Standards Develoament
m
Goal: To incorporate site design measures that reduce water quality impacts into m ~ ~, ~
local design standards and encourage their use in project designs so as to meet
~ ~ ~ °-
the requirements of C.3.
~
€ ~
~ ~~
L ~
Actions - ~
a a
U E
U a~
~ U
~ Develop and submit a detailed work plan and schedulc; for review, X X 3/1/02 j.ii.1.
revision, and implementation of revised site design standards and
guidance.
j.2. Review existing local design standards and guidance, and compare them A X 9!15/03 j.ii.2.
to the list of areas to address in Provision C.3.j. and other references (FY 02-03
such as °Start at the Source" and the "Development P~~licies Comparison" AR)
work sheet. Prepare and submit an analysis of local standards, identified
opportunities for revision, and proposed revisions. (Program to prepare
guidance for Co-pemtittees on this work product.)
j.3. Oversee completion of and work with the BASMAA work group on the X(R) A(O) 6/02
BASMAA project "Using Start at the Source to Comply with Development
Standards", which will evaluate how site design measures can be used to
meet the numeric design standards in Provision C.3.d.
j.4. Incorporate any revised standards and guidance into local project N X 9/15/04 j.ii.3.
approval process and "fully implement" the revised standards and
guidance.
,~'
,,.
F: ~SC33\0203 Work PIan1C3 Work Plan Guidance 12-21-01 5 Draft #2 12/19/01
SCVURPPP Work Plan for C3
FYs 01-02 and 02-03
C.3.k Source Control Measures m ''"` I
Goal: Require source control measures for new and redevelopment projects to
E m c .a
limit pollutant generation, discharge and runoff to the maximum extent practicable. lO
~ ~ ~ N
~ -
v E ~ ri
~
Actions - v ~ ci
k.1. Revise the current Planning Procedures Performance Standard to include X , ~A~~ k. (last
Para)
source control requirements (complete as part of Action c.5.). Develop a
odel list of source control measures (in the form of conditions of
m
approvaq, based on existing lists used by Co-permittees, examples in
Provisions C.3.k. and other references, and include the list as an
attachment to the revised performance standard. Products: 9/15/02
- Draft conditions of approval for source control measures 3/1!03
- Model revised pertormance standard
k.2. Incorporate model revised Planning Procedures Performance Standard N X 5/03
into local urban runoff management plans.
k.3. Develop a work plan for and begin implementation of source control N X
k. ast
pars)
measures requirements by including appropriate conditions of approval in
Group 1 projects. Report status and provide examples of application of
~
conditions in annual reports. 3/1103
- Work plan submittal 7/1/03
- Begin implementation 9/03 AR and
- Document in annual reports ongoing
C 3 I Update General Plans
Goal: Include water quality and watershed protection principles and policies in ~ c ~ o
General Plans to the extent necessary to provide the basis for implementation of E € ~ ~' m
the measures required by Provision C.3. o, o- E m ari
~ U U~ ~U
Actions -
Review current General Plan policies related to water quality and
1
1 N X
.
.
watershed protection and incorporate additional policies as needed to
implement C.3. requirements. Refer to Provision C.3.1. for examples. Two r
deadlines:
- If amendment of General Plan is legally necessary to implement C.3.
- if amendment is not legally necessary
F: \sc33W2D3 Work Plan\C3 Work Plan Guidance 12-21-01 6
7/15/03
Next
scheduled
revtaion alter
10115/04
Draft #2 12/19/01
SCVURPPP Wont Plan for C3
FYs 09-02 and 02-03
I C.3.m. Water Quality Review Processes
:oar: To ensure that water quality impacts and appropriate mitigation measures
~
c
~ o
are identified as part of environmental review of proposed projiects. W € o
rn
a .
E °:
~
Actions - ti U U ~ ~ Ci
m.1. Review CEQA initial study checklists and other environmental review N X 311/03 m.
documents and modify documents as needed to include questions that
sufficiently address water quality impacts of projects (see example
questions in Provision C.3.m.)
C.3.n. Regortin4 Requirements
~
Goal: To meet the Provision C.3. reporting requirements, and plan for anticipated ~ ~ ,, c
data needs, and begin collecting and tracking required data on development
c
~ '° °-
'n ~i
projects as needed. ~ ~ ~ B ~
ca n
E ~
~
Actions - ti U U ~ U
n.1. Provide information described in Table 1 of Provision C.3. in annual A X Begin with FY n.
reports (Program to provide guidance for each annual report). 01-02 AR
(9/15!02)
n.2. Prepare summary of data to be collected to meet C.3. requirements and X A(O) 4/02
recommendations for data management (data base fields, stage in review
process to request data, etc.)
:3. Collect and report the following for all new and redevelopment projectsZ: N X Begin to n.i.
-- project name, location, type (per C.3.c.), size (ac. or sq.ft.), and collect 4/02;
impervious surtace area. For redevelopment projects, include area of first report FY
land disturbance. 01-02 AR
(9/15/02)
n.4. Collect and report the following for all projects that must implement N X Begin to n.ii.
treatment measures: BMPs, site design, and source control measures collect 7/03;
used, sizing criteria, O&M responsibility mechanism aind responsible first report FY
party. 02-03 AR
(9/15/03)?
n.5. Collect information and report a summary of types of pesticide
A
X t
Begin to
n.iii.
reduction measures required for development projects., and the collect 7/02;
percentage of projects for which pesticide reduction measures first report FY
were required. (Model conditions of approval for pest resistant o2-03 AR
landscaping features and practices and a reporting format for (9/15/03)
pesticide reduction measures are being prepared as part of
(Model CoA
Actions VII.A.1. and VII.A.4. of the Program's Pesticide 6/02)
Management Plan. Co-permittees are to begin to consider pest-
resistant landscaping and design features in the design,
landscaping and environmental reviews of development projects
in FY 02-03, per Pesticide Management Plan Action V11.A.2.)
:~:
<~ '~ Provision C.3.n. requires this information for all projects which meet. the Group 1 and Group 2 definitions. Program staff request
that Co-permittees consider collecting this information for all projects (and inform Program staff of their decisions), so that there is
sufficient data to conduct the alternative project size analysis. As the approach to the alternative project size analysis is further
developed, the data needs will be better defined and communicated t:o the Co-permittees.
F: \sc33\0203 Work Plan\C3 Work Plan Guidance 12-21-01 7 Draft #2 12/19/01
~ AGREEMENT
~~ t' ' CITY OF CIJPERTINO
10300 Torre Avenue
CIT p ~ I
upertino, IAA 95014
,~ ~ ~? E ~T ! ~ ~ I
~" a I (408) 777-3200
BY THIS AGREEMENT, made and entered into on the 11th
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Genevieve Fire _ (2)
Address 1195 Thurston Ave. City Los .Altos, CA Zip 94024 Phone (650) 390-0909
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Engineering services for tasks
required for City's complicence with N%% NPDES permit, provision C.3
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
N% N/A
TERMS: The services and/or materials furnished under this Agreement shall commence on Feb. 11, 2002
and shall be completed before July 1, 2002
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
~ Shall not exceed $15,000.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liable for acts of Contractor in performing services described herein.
Insurance: Should the City require evidence of insurability, Contract~~r shall file with Ciry a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Lavenia Millar DEPARTMENT Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
13y -~ ~' i~ . ~. ~.
Title C~~IA3'Itf112.
Soc. Sec. #
APPROVALS n ,,
CITY OF CUPERTINO:
E~y
Title Env en a s Mana e
E:XP DIT~~E S OION
A ~f
~
A~COUN UMBER
E AMOUNT
~
~
'
~C.
CITY K.
DATE
2:30-8004-7014
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Santa Clara Valley Urban Runoff Pollution Prevention Program
Work Plan for Tasks Related to Implementation of Permit Provision C.3.
(New and Redevelopment Requirements)
FYs 01-02 and 02-03
December 19, 2001
(revised December 21, 2001)
Introduction
The purpose of this Work Plan is to organize the efforts to be completed by the Program and the
Co-permittees in order to meet the requirements of the Program's NPDES Permit Provision C.3.,
New and Redevelopment Project Requirements, as revised by Order 01-119 (adopted 10/17/01).
Work Plan elements correspond to each subsection of Provision C.3. The Work Plan identifies the
goals of each element, proposed actions, and comF~letion schedules. The Work Plan also
identifies whether actions will be implemented at thc: Program level, Co-permittee level, or both. In
this way, the Work Plan serves as guidance to the {;o-permittees for developing their individual
work plans for inclusion in the Program's FY 02-03 `JVork Plan submittal to the Regional Board, due
March 1, 2002. Co-permittee work plans provide more detail on subtasks specific to each Co-
permittee and appropriate schedules.
In order to ensure a coordinated, collaborative Program-wide approach, it is requested that Co-" ~)
permittee work plan tasks that are developed and c~~nducted outside of this work plan framework , ~~
be communicated to the Management Committee and coordinated with the overall efforts of the~,~ N
Program.
Also, in consideration of the interest of other Bay area stormwater agencies in the Program's
efforts to implement C.3., Program staff will look for opportunities to work with BASMAA agencies,
through the BASMAA New Development CommitteE~, on some of the C.3. elements and allow for
their review and input as time permits.
Legend:
"X" =will implement at this level (Program or Co-permittee)
"N" =not being implemented at this level
"A" =assist with or develop guidance for imF~lementation'
"R" =coordinate with regional effort
"O" =optional
"CI" =continuous improvement
"WD" =Santa Clara Valley Water District
"CSJ" =City of San Jose
"TBD" = to be determined
"AR" =annual report
Completion dates in bold are dates specifieci in Permit Provision C.3.
Completion dates in ifalics are suggested dates based on the permit- required
schedule for other tasks.
Co-permittee assistance with aerogram-level activity can consist of participation in an ad hoc task group, and/or review
`~.~. and approval of Program products.
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Santa Clara Valley Urban Runoff Pollution Prevention Program
Work Plan for Provision C.3. (New and Redevelopment Requirements)
C.3.b. Development Project Agaroval Process
Goal: To modify local Co-perrnittee development project approval processes, for ~ o ~ o
both private and public development projects, to incorporate the requirements of E ~ ~
Provision C.3. ~ € ~- ~
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b.1. Assess current stormwater-related requirements in Co-permittee's A X 6/02 b. (all)
development review process, for public and private projects, and identify
additional steps or tools required at each stage of the process to meet
C.3. requirements.
b.2. Develop new or modify existing review policies, procedures, and/or A X b. (all)
conditions of approval to incorporate Group 1 requirements (based on 7/1/03
results of tasks under C.3.c, through C.3.m.)
b.3. Train Co-permittee staff in planning, building, and engineering A X 6/03 b. (all)
departments on the C.3. provisions and goals, the required changes in (Program
the approval process, and the use of appropriate tools. workshop
-- 11/02)
b.4. Submit work plan for completion of Provision C.3.b. requirements. N X 3/02 b. (last
Identify incremental progress made toward completon of Actions b.1., para.)
b.2., and b.3. above in FY 02-03 Work Plan. (For example, completion of
"Development Policies Comparison" work sheet.)
C.3.c. Requirements for Group 1 and Groua 2 Projects
Goal: Prepare to require proponents of Group 1 projects to design and
implement stormwater treatment BMPs to reduce stormwater pollution to the
maximum extent practicable. Participate in development of the proposal for an a c ~ o
alternative Group 2 project definition and prepare to implement C.3. requirements ~ ~ .o
for Group 2 projects as needed. ~ ~ a ~' ~
5
Actions - a` U U o ~ cV
c.1. Develop and implement a procedure to request and log the type, size, N X =4/02 c.i.,
and impervious area of every project (and extent of redevelopment if c.iii.,
applicable) for determination of applicability of Group 1 (and later Group n.
2) requirements.
c.2. Develop a method for determining whether a private project was "deemed N X 3/02 c.
complete" by 7/15/03, or documenting that a public project was funded (1St
and scheduled for construction by 10/15/03. para.)
c.3. Submit work plan for completion of Provision C.3.c. requirements. N X 3/02 c.i.
Identify incremental progress made toward completion of Actions c.1. and
c.2. above, and other actions related to Group 1 implementation, in FY
02-03 Work Plan.
c.4. Compile guidance being developed under other elements (i.e., project X A(O) Draft 12/02;
review procedures, site design measures, source control measures, Fina/3/03
numeric design criteria, OEM verification, etc.) into one guidance manual
for implementation of Group 1 project requirements.
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FYs 01-02 and 02-03
c.5. Revise portions of the model Planning Procedures Performance X A Draft 12/02,•
Standards to incorporate the Group 1 requirements and other C.3. Final 3/1/03
requirements. i
c.6. Incorporate revised model Planning Procedures Pertorrrrance Standards N X 6/03
in to local urban runoff management plans.
c.7. Develop approach for evaluating an altemative project size and identify X A 3/02 c.iii
data needs from Co-permittees. .
c.8. Conduct analysis of alternative project size and prepare proposal for X A 4/15/04 c.iii.
submittal to Regional Board.
c.9. Update guidance manual and performance standards for Group 2 projects X A C!
as needed.
C.3.d. Numeric Sizing Criteria
Goal: Develop specific and clear hydraulic design criteria to assist agencies and ~ o m o
project applicants in sizing BMPs to meet requirements of provision C.3.d. ~ ~ o
Actions - .
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a v v o ~ ci
d.1. Analyze local rainfall data and develop area-specific voluime and flow X A 9/02 d. (ali)
based design criteria (Program with assistance from SC\/V11D). (Wp)
d.2. Develop guidance on appropriate criteria to use for each BMP type. X A(O) 12/02
".3.e. Operation and Maintenance of Treatment BMPs ~; ~;
Goal: To develop and implement local agency operation and maintenance (O8M)
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verification programs to help ensure the proper maintenance of stormwater E € 'a, ~
treatment measures on public and private property.
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e.1. ~~' Develop and implement a procedure for logging information about A X fa/03 e.i.
treatment BMPs installed at approved Group 1 projects, rind for
- (7/15/03)
maintaining a list ordatabase of properties, treatment BMPs, and
responsible operators.
e.2. Develop model language for documents assigning responsibility to the X A(O) 12/02 e.ii.
developer/owner of private projects for O8~M of treatment BMPs, or to the
appropriate agency for O&M of treatment BMPs at public projects. These
documents may include O&M responsibility agreements, written
conditions in sales/ lease agreements, use permit conditi~ms, provisions
in CC&Rs, etc.
3. Adapt model O8M agreement language to meet agency-:specific needs N X fV03 e.ii.
and requirements and incorporate into the project review and approval
process.
e.4. Develop fact sheets on the O&M requirements and frequf:ncies for X A(O) 3/03
various BMP types that can be used to educate parties responsible for
O&M and attached to O&M agreements. Include fact sheets for pesticide
reduction measures related to landscape maintenance.
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FYs 01-02 and 02-03
e.5. Develop local programs for inspection of a subset of prioritized treatment A X ta/03 e. (all),.
BMPs to verify that proper O&M is being pertormed by the responsible (7/15/03)
party (Program to assist in defining which BMPs are priority for
inspection.)
e.6. Report on the Co-permittee's treatment BMPs O&M verification program A X 9/03 AR and e.iii.
in each annual report, including organizational structure, evaluation of ongoing
effectiveness, and planned improvement to the program. Include a list or
summary of treatment BMPs inspected during the year, inspection results,
and any required follow-up and conection.
C.3.f. Hydromodification Management Plan ~,
Goal: To manage increases in runoff peak flow and volume for Group 1 projects, ~, o
where such increases may cause increased erosion of creek beds and banks or
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related impacts, through implementation of a hydromodification management plan E € '~ ~ ~
(HMP). rn a °-
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f.1. Complete the HMP and required interim products (Program, SCVWD, and X A(O) f.viii.
City of San Jose have lead role): 3/1/02
-- Detailed work plan and schedule 9/15/02
-- Literature review 3/1/03
-- Draft HMP 10/15/03
-- Final HMP (for approval by the Regional Board).
f.2. Develop guidance to the Co-permittees on implementation of the HMP as X A(O) Draft 10/03;
part of requirements for Group 1 projects that may cause increased Final after RB
erosion or other related impacts. approval
f.~. Upon adoption by the Regional Board, begin implementation of HMP N X 10/03 (ea-1y f.viii.5.,
requirements for Group 1 projects that may cause increased erosion or implement); f.i., c.i.
other related impacts. Before adoption, encourage early implementation TBD pending
of likely elements of the HMP where possible. Re approval
f.4. Evaluate potential regional treatment and/or flow control projects (Water A X 6/03,• ongoing f.vii.,
District with Program and City of San Jose assistance.). (WD) g.ii.
C.3.g. Waiver and Compensatory Mitigation Program
Goal: Establish a program under which a project proponent may request a waiver a~
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from treatment BMP requirements due to impracticability, with a provision to a ~ m
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provide an equivalent water quality benefit to the same receiving water (that ~ ~ o
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allows participation in regional solutions). ~ ~ a ~ ~
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Actions - a U U tr U
g.1. Develop a model waiver program that includes: X A Draft 12/02; g.iii.
-- the legal requirements and mechanisms for implementing the waiver
program Fina13/03
- criteria for determining impracticability or infeasibility (technical and
financial);
-- method for evaluating the equivalency of the proposed mitigation;
-- criteria for participation in regional facilities;
-- requirements for logging project information for reporting purposes.
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I g.2. ~ Develop local waiver program, pertorrn legal review, anti incorporate N X f/03 g.iii.,
waiver provisions in project review process. (If model pn~gram has not (7/15/03) g.vi.
been adopted by Regional Board, develop interim waiver program per
C.3.g.vi.)
g.3. Begin tracking information for reporting on waivers grani:ed, including N X 7/03 (as g.v.
project name, location, type, percent impervious surtace, reasons for and needed)
terms of waiver, and the alternative benefit project and completion date.
C.3.h. Alternative Certification
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Goal: To allow a professionally qualified person (per C.3.h.) or s~nother Co- ~ ~ ,, ~
permittee with overlapping jurisdiction to certify the adequacy of design of
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stormwater treatment measures (per C.3.d. and f.). ~ € a~ ~ ~
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h.1. Develop an internal procedure to allow alternative certifi~;ation. N X(O) 6/03
C.3.i. Site Design Measures Guidance and Standards Devel~~ament
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Goal: To incorporate site design measures that reduce water quality impacts into ~ o
local design standards and encourage their use in project designs so as to meet ~ o
the requirements of C.3. ~ ~ a
Actions - °'
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~. Develop and submit a detailed work plan and schedule for review, X X 3/1/02 j.ii.1.
revision, and implementation of revised site design stancards and
guidance.
j.2. Review existing local design standards and guidance, ar~d compare them A X 9/15/03 j.ii.2.
to the list of areas to address in Provision C.3.j. and other references (FY 02-03
such as "Start at the Source" and the "Development Poli~;ies Comparison" AR)
work sheet. Prepare and submit an analysis of local standards, identified
opportunities for revision, and proposed revisions. (Program to prepare
guidance for Co-permittees on this work product.)
j.3. Oversee completion of and work with the BASMAA work group on the X(R) A(O) 6/02
BASMAA project "Using Start at the Source to Comply with Development
Standards", which will evaluate how site design measures can be used to
meet the numeric design standards in Provision C.3.d.
j.4. Incorporate any revised standards and guidance into loc,~l project N X 9/15/04 j.ii.3.
approval process and "fully implement" the revised standards and
guidance.
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FYs 01-02 and 02-03
C.3.k. Source Control Measures
Goal: Require source control measures for new and redevelopment projects to c
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limit pollutant generation, discharge and runoff to the maximum extent practicable. ~ ~ ~ ~' ~
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Actions - a U U ~ ~ c5
k.1. Revise the current Planning Procedures Performance Standard to include X A~, k. (last
source control requirements (complete as part of Action c.5.). Develop a pars)
model list of source control measures (in the form of conditions of
approval), based on existing lists used by Co-permittees, examples in
Provisions C.3.k. and other references, and include the list as an
attachment to the revised performance standard. Products:
-- Draft conditions of approval for source control measures 9/15/02
-- Model revised pertomtance standard 3/1/03
k.2. Incorporate model revised Planning Procedures Performance Standard N X 6/03
into local urban runoff management plans.
k.3. Develop a work plan for and begin implementation of source control N X k. (last
measures requirements by including appropriate conditions of approval in para)
Group 1 projects. Report status and provide examples of application of
conditions in annual reports.
-- Work plan submittal 3/1/03
- Begin implementation 7/1/03
-- Document in annual reports 9/03 AR and
ongoing
C.3.1. Update General Plans
Goal: Include water quality and watershed protection principles and policies in a ~ o
General Plans to the extent necessary to provide the basis for implementation of € c
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the measures required by Provision C.3. ~ ~, a ~ ~
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Actions - n
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1.1. Review current General Plan policies related to water quality and N X
watershed protection and incorporate additional policies as needed to
implement C.3. requirements. Refer to Provision C.3.1. for examples. Two
deadlines:
-- If amendment of General Plan is legally necessary to implement C.3. 7/15/03
-- If amendment is not legally necessary Next
scheduled
revision after
10/15/04
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~, ~ SCVURPPP Work Plan for C3
FYs 01-02 and 02-03
C.3.m. Water Quality Review Processes
goal: To ensure that water quality impacts and appropriate mitigation measures
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are identified as part of environmental review of proposed projects. ~ € n
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Actions - a` U U ~ ~ U
m.1. Review CEQA initial study checklists and other environmental review N X 3/1/03 m.
documents and modify documents as needed to include questions that
sufficiently address water quality impacts of projects (see example
questions in Provision C.3.m.)
C.3.n. Reporting Requirements
~
Goal: To meet the Provision C.3. reporting requirements, and plan for anticipated ~ ~ ,, ~
data needs, and begin collecting and tracking required data on development ~ ~ ~
projects as needed. ~ € a 7 ~
Actions - o
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n.1. Provide information described in Table 1 of Provision C.3. in annual A X Begin with FY n.
reports (Program to provide guidance for each annual report). 01-02 AR
(s/1s/o2)
n.2. Prepare summary of data to be collected to meet C.3. requirements and X A(O) 4/02
recommendations for data management (data base fields, stage in review
process to request data, etc.)
.3. Collect and report the following for all new and redevelopment projects2: N X Begin to n.i.
-- project name, location, type (per C.3.c.), size (ac. or s~1.ft.), and collect 4/02;
impervious surtace area. For redevelopment projects, include area of first report FY
land disturbance. 01-02 AR
(9/15/02)
n.4. Collect and report the following for all projects that must implement N X Begin to n.ii.
treatment measures: BMPs, site design, and source control measures collect 7103;
used, sizing criteria, O&M responsibility mechanism and responsible first report FY
party. 02-03 AR
(9/15/03)?
n.5. Collect information and report a summary of types of pe:;;ticide A X Begin to n.iii.
reduction measures required for development projects, Ind the collect 7/02;
percentage of projects for which pesticide reduction measures first report FY
were required. (Model conditions of approval for pest resistant 02-03 AR
landscaping features and practices and a reporting format for (9/15/03)
pesticide reduction measures are being prepared as part of
' (Mode/ COA
Actions VII.A.1. and VII.A.4. of the Program
s Pesticide 6/02)
Management Plan. Co-permittees are to begin to consicer pest-
resistant landscaping and design features in the design,
landscaping and environmental reviews of development projects
in FY 02-03, per Pesticide Management Plan Action VI1.,4.2.)
;..
Provision C.3.n. requires this information for all projects which meet the Group 1 and Group 2 definitions. Program staff request
that Co-permittees consider collecting this information for all projects (and inform Program staff of their decisions), so that there is
sufficient data to conduct the alternative project size analysis. As the approach to the alternative project size analysis is further
developed, the data needs will be better defined and communicated to the Co-permittees.
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