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ORIGINAL
AMENDMENT NO. 4 TO AGREEMENT FOR THE
ADMINISTRATION AND MONITORING OF THE CITY'S
MUNICIPAL STORMWATER (NPDES) AND INDUSTRIAL
WASTE PROGRAMS BY AND BETWEEN THE CITY OF 7 7
ARCADIA AND JOHN L. HUNTER AND ASSOCIATES, INC.
(FORMERLY HUNTER KENNEDY AND ASSOCIATES, INC.)
This Amendment No. 4 ( "Amendment No. 4 ") is hereby entered into by and
between the City of Arcadia, a charter city organized under the Constitution and
laws of the State of California and John L. Hunter and Associates, a California
Corporation with respect to that certain Professional Services Agreement between
the parties dated April 17, 2003, as heretofore amended ( "Agreement ").
The parties agree as follows:
1. Pursuant to Section 3.1.2 of the Agreement, the term of the Agreement is
amended by deleting February 28, 2004 and by substituting therefore
February 27, 2008.
2. All of the terms and provisions of the Agreement not amended by this
Amendment No. 4 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 4 on the date
set forth below.
CITY OF ARCADIA
By Im
City Manager
Dated: 240 1200 ��
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
CONSULTANT
John L. Ruuter and
R-A
Hunter, President
CONCUR:,/
Pat Malloy, P.W.S. Director
Inc.
\ \oa,.moo 8 • (sm - -.
G� 4 -3 R! INAL
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES
AGREEMENT FOR THE ADMINISTRATION AND
MONITORING OF THE CITY'S MUNICIPAL
STORMWATER (NPDES) AND INDUSTRIAL WASTE
PROGRAMS BY AND BETWEEN THE CITY OF
ARCADIA AND JOHN L. HUNTER AND ASSOCIATES,
INC. (FORMERLY HUNTER KENNEDY AND
ASSOCIATES, INC.)
This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the state of California, and John
L. Hunter and Associates, Inc., (formerly Hunter - Kennedy and Associates, Inc.) a
California Corporation with respect to that certain Professional Services Agreement
between the parties dated April 17, 2003 ( "Agreement ").
The parties agree as follows:
1. Section 3.1.2 of the Agreement is hereby amended by deleting February 28, 2004
and by substituting therefore February 28, 2007.
2. Section 3.3.1 of the Agreement is hereby amended by deleting Seventy -Four
Thousand Dollars and No Cents ($74,000.00) and by substituting therefore Sixty
Seven Thousand Seven Hundred Dollars and No Cents ($67,700.00).
3. The Scope of Work is hereby amended to include additional work and
modifications to the contract as specified in "Attachment A (Scope of Work)."
4. All of the remaining terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 3 on the date set
forth below.
CITY OF ARCADIA
By: W'o ovio
City Manager_ Date
:A
JOHN L. HUNTER AND ASSOCIATES, INC.
By:
John unter, President
APPROVED AS TO FORM: CONCUR:
(D. :::;?Zl
City Attorney Pat Malloy, PulAic Wofks Services Director
John L. Hunter, P.E.
Califomia Registered Environmental Assessor
Proposal for Environmental Services NPDES /Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
This proposal is to assist the City of Arcadia with the implementation of NPDES Stormwater inspections,
plan reviews and other limited services pursuant to the Municipal NPDES Permit as well as the
Industrial Waste program for a twelve -month period beginning March 1, 2006 and extending through
February 28, 2007.
The scope of this proposal includes:
I. Program Management Assistance
At the request of the City, City staff will provide primary program administration.
Upon request of the City, John L. Hunter & and Associates will assist staff with the
development of guidelines and procedures to be used to implement varied municipal
stormwater BMPs. Limited Program Management and oversight activities JLHA will
include:
A. Provide a quarterly newsletter, summarizing pertinent meetings, regulatory
actions and deadlines.
B. Assist the City, at.request of staff, with required NPDES program submittals
(i.e. regional, state, annual reports; TMDL compliance measures, City
ordinance revisions, etc.)
II. Development Planning and Development Construction
The Development Planning and Construction provisions of the permit require that
developers and contractors take specific steps to reduce stormwater pollution in both
the short and long term. Priority planning projects will be required to prepare Standard
or Site Specific Urban Stormwater Mitigation Plans while contractors with projects of
over one acre will need to prepare Storm Water Pollution Prevention Plans. Services
that JLHA will provide include:
A. JLHA staff will be available to assist City staff with questions regarding the
ongoing implementation of the Development Planning and Development
Construction Model Program and Municipal Permit requirements.
B. JLHA staff will continue to perform NPDES plan checks (stormwater
pollution prevention plans and standard urban stormwater mitigation plans)
for stormwater concerns as requested. This item will be performed on a time
and materials basis per the attached rate schedule.
C. Upon approval of the Countywide "technical manual" (which is currently in
the final stages of review by the Regional Board), update the Development
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:fir. .r: r' • •
Proposal for Environmental Services - NPDES /Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
Planning and Development Construction guidebooks; these are made
available at the City Building and Planning'Counter to assist developers in
successfully navigating through the SUSMP and SWPPP process.
D. JLHA Staff will perform on -site NPDES inspections of General Construction
Activity Stormwater permit projects (sites over .1 acre) for stormwater
concerns. The number of sites fluctuates on a regular basis due to the addition
of new sites, and removal of sites for which projects have been completed.
The State's GCASP database is checked on a monthly basis for updated
information. City Building Inspectors will be responsible for inspections at
sites below 1 acre unless JLHA is specifically asked to perform these duties.
E. Prepare guidelines for maintenance agreements and transfer of sites with
structural stormwater BMPs.
The NPDES Permit requires that all construction projects be inspected during the rainy season. Under
this proposal it is assumed the Building Department's inspectors are familiar with stormwater concerns
and procedures, and will conduct those inspections at sites under 1 acre in size.
III. Industrial and Commercial Inspections
The Municipal Permit requires that existing and new businesses . in certain industrial
and commercial categories be visited on a regular basis in order to educate the owners
and employees about stormwater concerns and inspect for potential stormwater
problems.
Inspection services will include:
• Inspection and assessment of facilities
listed as critical sources in the
municipal permit.
• Completion of an inspection report as
required, including photographs &
maps when considered relevant.
• FoIlow up inspections at facilities found
to be in violation of the municipal
permit (through IC/ID program).
• Pro ressive enforcement action as
Completed Inspection
Programs
As of August 2004, JLHA completed the
required site inspections for cycle 1 for the
city's, of Culver City, Hermosa Beach,
Pasadena, Rancho Palos . Verdes, San
Fernando, San Marino, Signal Hill, Sierra
Madre, Temple City and West Hollywood.
8
required.
• Maintain an inspection database per the permit requirements.
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Proposal for Environmental Services NPDES /Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
Existing Programs Infrastructure
The City has approximately 400 sites that require a stormwater inspection during the
30 -month inspection cycle which began on August 2, 2004. The inspection,
enforcement, and database forms and infrastructure are already developed and in use at
15 cities within Los Angeles County.
A. JLHA will perform stormwater inspections at approximately 28 Restaurants as
well as complete the required inspection report at the rate of $65.00 for each
facility. (The majority of Restaurant inspections will be performed as
combined inspections with the Industrial Waste Program to reduce overall
cost. Automotive and Industrial stormwater inspections will similarly be
combined where possible).
B. JLHA will perform stormwater inspections at approximately 19 automotive
related businesses as well as complete the required inspection report at the
rate of $85.00 for each facility.
C. JLHA will similarly perform stormwater inspections and complete the
associated report for approximately 111 industrial facilities at a rate of $105.00
for each facility. Sites already visited by State inspectors will not be inspected
as allowed by the Municipal Permit.
D Approximately 98 (77 restaurants, 11 auto services, 10 Industrial facilities)
combined stormwater and Industrial Waste inspections will be conducted. The
cost is calculated based on the industrial waste inspection fee of $75.00 per site
+ 1/2. of the associated stormwater inspection fee. Fees are $107.50 for
restaurants; $117.50 for Automotive related facilities (RGO's, repair shops, car
washes, dealers etc.) and $127.50 for industrial sites.
Inspection Summary
NPDES stormwater inspections are conducted „o
Ail
unannounced, except at facilities where security is an
issue. All inspectors wear a photo ID badge (approved by —__ - _ :: r ___ -- —
the City) identifying them as an inspector contracted by _a �x I.n.p�rf
the City. The inspector meets with the facility
owner /manager or responsible employee, conducts a
walk - through of the facility, and identifies practices as
listed in the permit that may result in an illicit discharge to the
storm drain system. The inspector offers alternatives and options in a
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Proposal for Environmental Services NPDES /Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
friendly, non - threatening manner to help the business with facilitating compliance.
Educational Materials
Business specific educational materials are hand delivered to
each business as a part of the site inspection. These materials are
intended for posting at the site as a reinforcement of good
BMI''s. The City will have the opportunity to approve existing
educational materials; onto which the City logo and contact
information will be added and then printed/ duplicated for the
city's use. At the City's request, additional materials may
be developed and printed.
Enforcement Action Summary
e
A facility that is found to have minor corrections required (e.g. trash bin lids open) will
be issued a verbal warning to correct such infractions. Most infractions are corrected on
the spot, thus warrant no further enforcement action at that time. All verbal warnings
are documented within inspection, field and applicable phone notes as appropriate..
Any facility found to be in significant violation of the NPDES permit a Notice of
Violation will be forwarded to the City contact for approval and signature. Re-
inspections will be conducted within the time frame listed in the NOV. That time frame
will reflect the severity of the violation, and the immediate potential for releasing
pollutants into the storm drain system. At the re- inspection, should the business
remain in violation, a progressive enforcement action will commence. Typically such
enforcement actions include a follow -up phone call to offer assistance with the
necessary corrections, a written second notice of violation, and if necessary, meetings
with the responsible party. Should the facility remain in non - compliance, a third (final)
notices of violation shall be sent. Records will be kept documenting all communication
with a business in the effort to bring them into compliance. If these actions do not
result in satisfactory compliance actions by the business, the case will be referred to the
City for possible legal action. JLHA will be available to assist in any such actions.
Database Management
A database will be used to track inspections
of all critical sources as listed in the permit.
The database will include the following?)h
information: A listing of the critical sources
facilities (an updated business license list to
be provided electronically as an access or excel file(
b
by the City on an annual basis); name of facility,
name of
, r
Proposal for Environmental Services NPDES /Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
Owner /Operator, name of contact if different, address, coverage under GIASP or other
NPDES permits, SIC code, and narrative description that reflects site activities, and date
inspected. Hard copies of completed inspection report forms will be provided to the
City on a quarterly basis.
IV. Illicit Connections/Illicit Discharges: Investigations and Violation
Follow up Activities
The Illicit Connections/ Illicit Discharges (ICID) Program is an essential part of the
overall Stormwater Program, effectively combining some functions from the Public
Agency, Development Planning and Development Construction, and Public Education
functions. An ICID Program takes information collected from inspections and
reported/ observed violations, and uses that information to investigate potential illicit
connections and illicit discharges throughout the City. The proposed ICID Program
will consist of the following:
A. JLHA staff will conduct follow -up inspections at facilities that, as a result of
routine inspections conducted as part of the Industrial and Commercial
Inspection Program, were found to require minor corrections or be in
significant violation of the NPDES permits and the City's municipal code.
This service will be provided on a time and materials basis per the attached
rate schedule.
B. JLHA staff will be available to assist the City in preparation of formal
enforcement action, if needed, for dischargers failing to correct significant
violations. This service will be provided on a time and materials basis per the
attached rate schedule.
Any stormwater related illicit discharges or illicit connection investigations that are
conducted by City staff should be reported to JLHA for inclusion in the database.
Significant incidents must be reported to the Regional Board.
V. Industrial Waste
The discharge of wastewater from businesses can damage sewers and cause
environmental pollution if not properly managed. The discharge of wastewater
from restaurants often causes sewer stoppages, which in the best circumstance
results in the overflow of raw sewage to the street. In the worse case, it can cause
the sewage to back up into other businesses and even into homes.
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` Proposal for Environmental Services RDES /Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
Wastewater containing heavy salt or sediment loads can also cause blockages and
occasionally permanently damage the sewer system beyond repair. The
discharge of flammable oils and other light hydrocarbons has occasionally caused
explosions over widespread areas of cities.
Approximately 50 cities in Los Angeles County have implemented an Industrial
Waste Discharge Program to reduce the likelihood of blockage or damage to the
sanitary sewer system. This program includes:
1. Legal authority
2. Inspections
3. Investigations
4. Violation corrections
5. Permitting and plan checking
6. Annual fees to offset program costs
This program supplements the Los Angeles County Sanitation Districts'
program, which does not involve inspections of restaurant grease traps or the
protection of locally owned lines.
Several requirements of the NPDES Storm Water Program can be combined with
essentially identical elements of this program, resulting in a substantial reduction
in overall costs to the city.
Legal Authority
In 2000, the City adopted an Industrial Waste ordinance, patterned after the Los
Angeles County Industrial Waste Ordinance (Chapter 20.36).
This ordinance identifies business categories to be affected, sets standards,
operating procedures and fees for the administration of the Industrial Waste
Program. Under this ordinance:
1. The discharge of offensive and damaging substances is prohibited.
2. Discharge permits are required of businesses that will be discharging
significant quantities of wastewater. Ninety-four business types are
identified by the ordinance.
3. The numbers of inspections that are made at each business are based
on the type of activity occurring at each specific location. For example,
restaurants are inspected once each year, car washes are inspected
three times per year.
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Proposal for Environmental Services 9DES /Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
4. Conditions that constitute a violation of the ordinance are identified as
well as a correction protocol.
Inspection fees are assessed based upon the likelihood of sewer blockages from a
specific business type.
Inspections
There are currently approximately 204 facilities that are permitted for Industrial
Waste Discharges. These facilities will require from 1- 4 inspections annually.
The inspections are primarily focused on employee education and the proper
operation of any existing pretreatment systems, commonly referred to as grease
traps or clarifiers.
Standard inspection protocol.t
1. Inspectors have received 40 -hour OSHA hazardous waste training.
2. Identification cards are worn at all times.
3. If the business owner or manager is not available, a return inspection
will be made, should no other responsible and /or knowledgeable
employee be available.
4. Restaurant inspections are not scheduled between 11:30 and 1:30.
5. It is the owner's responsibility to open the pretreatment system for
inspection.
6. The discharge is checked for acids, caustics, oils, and sludge.
7. A brief walk through of the facility is made, paying special attention to
waste handling and spillage concerns.
The results of the inspection are discussed with business personnel. If significant
violations are observed, a Notice of Violation is forwarded to the City's
Environmental Services Officer, for review and signature, if deemed necessary to
gain the facilities cooperation in complying with City ordinances. Follow up
inspections are conducted as needed/ requested by City Staff.
Investigations
Assist, as requested by city, with investigating complaints from citizens, City
personnel or other sources, regarding improper waste disposal practices.
Reports will be completed and maintained in a database, and forwarded to City
personnel on a quarterly basis.
' To reduce program costs, Industrial Waste inspections are combined with Storm Water Site
Inspections where possible.
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Proposal for Environmental Servi• 'RDES/ Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
Incidents such as sewer blockages, or areas observed by City personnel to require
increased sewer maintenance may also be investigated at the City's request.
The primary goals of investigations are to:
1. Ensure adequate clean -up of the spill or discharge, and
2. To work together with business to avoid a reoccurrence of the incident.
Investigations will identify, where possible:
The responsible party,
The location of the spill or blockage,
The types of materials involved, and
The cause of the incident
Names and addresses of witnesses are also recorded in the event that the City
undertakes legal or cost recovery measures. Due to the nature of these incidents,
Notices of Violation are typically forwarded to the City, and to the responsible
party within one week.
Requested samples may be collected as appropriate following EPA SW -846
collection protocol. Laboratories certified by the State of California will perform
all analyses.
Violation Corrections
When conditions are observed during inspections that constitute a violation,
three primary actions are typically taken.
1. The conditions are verbally discussed with the business personnel,
2. A brief report and Notice of Violation is forwarded the Environmental
Services Officer for review, and
3. The ESO sends the Notice of Violation to the business. A follow up
inspection as indicated in the NOV is also conducted.
In the majority of instances, this is sufficient to correct the condition.
Occasionally, additional action is required. If the violation is not corrected by the
deadline of the first letter, then up to two follow up phone calls and two
additional letters are sent to the business. If the conditions remain uncorrected,
the case is forwarded to the City's Code Enforcement Division or ESO to be
handled in a manner similar with standard code enforcement procedures.
Violations may be prosecuted as misdemeanors.
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• Proposal for Environmental Servi• NPDES /Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
Permit and Plan Review
When new businesses, or existing businesses undergoing extensive modification,
submit plans to the Building Department, the plans are reviewed for compliance
with the Industrial Waste Ordinance. Those businesses that will be discharging
significant amounts of wastewater will be required to complete an "Industrial
Waste Discharge Permit' application. The application and any associated plans
and supporting information are reviewed for:
Discharge rates into the sewer
Pretreatment retention times and capacity
Types of materials being discharge
Spill Containment
Any deficiencies on the submittal will be noted on a plan check review sheet and
returned to the applicant for correction and submittal.
During the inspections, businesses will often be encountered with little or no
pretreatment capability. This is typical of restaurants that have not installed
grease traps or auto service facilities that are washing cars. In the case of auto
service facilities, they are asked to either stop washing cars or install a sand or
grease clarifier.
Restaurants will be required to install a grease trap if they have caused a sewer
blockage or if they are in high -risk areas such as:
Seating capacity greater than 150,
The sewer line is unusually shallow, less than 0.40 %,
The sewer line is less than 8 inches in diameter, or
There is less than 150 feet of upstream sewer.
The minimum permitted size of grease trap is 750 gallons, although smaller sizes
(down to 50 pound capacity) may be permitted for retrofits and where space
constraints exist
The fees are set by the ordinance and the program is essentially 100% self
supported. The two major types of fees are:
Inspection fees: are assessed annually. The invoices will be prepared by JLHA
and provided to the City for mailing in June of each year. All payments are
mailed by the business directly to the City Public Works Department. Invoices
are mailed on or after July 1 or each year.
ME
Proposal for Environmental Services
City of Arcadia
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
*ES /Industrial Waste Services
December 13, 2005
Permit Application Fees: Each Industrial Waste Discharge application is charged
an application fee based on the type of business in accordance with the Industrial
Waste Ordinance. One application (and fee) is needed for each separate
connection to the sewer system.
Plan Checking Fees: These fees are determined in accordance with the schedule
in the Industrial Waste Ordinance, and are based on the type of business and
discharge point (sewer, ground injection, etc.). The fees are collected at the City
and processed by the City's Finance Department.
VI. Estimated Costs
Task
March 1, 2006
through
February 28, 2007
12 months
NPDES
Program Management Assistance
$510
(avg. 0.5 hr. per mo @ 85 /hr)
Development Planning /Construction
$2,405
Construction /Post Construction BMP Inspections
(currently 4 GCASP sites, 33 SUSMP sites= 1 hr. per site @ $65 /hr)
Illicit Connections /Illicit Discharges
$1,560
Result of routine inspections [24 hrs. @ 65 /hr])
City to perform all emergency response investigations
Inspections
$1,820
Restaurants (approx. 28 @ $65 ea.)
$1,615
Automotive services (approx. 19 @ $85 ea.)
$11,655
Industrial (approx. 111 @ $105 ea.)
Industrial Waste
Permit Processing /Annual Fee Billing & Processing
$4,680
Inspections (approx. 140 @ $75 ea.)
$10,500
Inspection follow -up activities (avg. 6.5 hrs. /mo)
$5,070
Combined NPDES & Industrial Waste Program Elements
Plan Reviews
$16,020
Avg 14 hrs /mo @ $65
1 hr /mo @ $85
Plan Pick up 4 hrs /mo @ 85
to -
Proposal for Environmental Services
City of Arcadia
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
0
NPDES /Industrial Waste Services
December 13, 2005
Inspections
Restaurants (approx. 77 @ $107.50 ea.)
$8,277
Automotive services (approx. 11 @ $117.50 ea.)
$1,293
Industrial (approx. 10 @ $127.50 ea.)
$1,275
(rate is IW inspection rate + 1/2 of NPDES inspection rate)
Database Management and Maintenance, Critical
$1,020
Sources
Updates (as required by NPDES permit) (I hr per mo. @ $85 /hr)
Estimated Program Costs
$67,700
Projected Program Revenues -
(estimates based on actual fees assessed during l st 9 month
of '05 -'06 contract)
NPDES Plan Reviews
<$14,055>
Ind Waste Inspection Fees
<$32,450>
Ind Waste Permit - Renewal
<$9,420>
Ind Waste Permit - Revisions
<$3,297>
Ind Waste Permit- New Permittees
<$3,840>
Ind Waste plan review fees
<$3,441>
Total expected revenues
<$66,503>
Net Cost to City
< 1,197>
The NPDES and Industrial Waste Programs are Fluid in nature; and due to the uncertainties
inherent with a program of this nature, such as the number of plans that will be submitted
for review, the number of business ownership changes, the number of new businesses, and
the number of illicit discharges that will occur, a number of elements of these programs will
be conducted on a time and materials basis, with billings from JLHA not to exceed $67,700
without prior City authorization.
JLHA appreciates the opportunity to offer our services to continue assisting the City.
Compliance with the NPDES Program requires active City participation and thorough
implementation of Best Management Practices.
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Proposal for Environmental Service
City of Arcadia
March 1, 2006 through February 28, 2007
IDES/ Industrial Waste Services
December 13, 2005
ATTACHMENT "A" SCOPE OF WORK
REFERENCES
City
Contact Person
Phone
South Gate
Mohammad Mostahkami, City Engineer
323 563 -5847
Signal Hill
Charlie Honeycutt, Director of Public Works
562 989 -7356
Rancho Palos Verdes
Dean Allison, Director of Public Works
310 544 -5252
West Hollywood
Jan Harmon, Environmental Programs Analyst
323 848 -6499
Other municipal clients include, or have included:
Baldwin Park
San Marino -site visits only
Buena Park
South El Monte
Temple City
Lynwood
Monrovia
Costa Mesa
Pico Rivera
Montebello
Redondo Beach
Torrance
San Fernando
El Se ndo
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Proposal for Environmental Services TOES / Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
STANDARD RATE SCHEDULE
For this proposal, the highlighted rates will be in place.
Senior Project Manager $100 /hr
Project Manager $85 /hr
Project Engineer $85 /hr
Inspector /Project Technician $65 /hr
Laborer (OSHA 40hr certified) $45 /hr
State Certified Laboratory Analysis Cost + 15%
Inspection program services
Stormwater
Automotive
$85 each
Industrial
$105 each
Restaurant
$65 each
Industrial Waste
$75 each
Combined Storm Water /Industrial Waste
$35 /day
Automotive
$117.50 each
Industrial
$127.50 each
Restaurant
$107.50 each
Legal Consultation, Court Appearances, $150 /hr
Document Review, etc.
24 -hr industrial wastewater composite sampling (including setup) $125 /location
24-hr ambient air sampling $50 /day
Sewer capacity monitor (excluding set up)
$1,250 /week
Specific chemical air monitor
$40 /day
Photoionization /Flame ionization detector
$50 /day
Combustible gas monitor
$50 /day
Shallow soil or sludge sampling equipment
$35 /day
Subcontracted equipment
Cost + 15%
For Weekends, Holidays or evenings add 50 %to listed price
-13-
Proposal for Environmental Services
City of Arcadia
March 1, 2006 through February 28, 2007
RES /Industrial Waste Services
December 13, 2005
ATTACHMENT "A" SCOPE OF WORK
Prices effective as of
t k'c ` ;'STANDARD TERMS,AND CONDITIONS.. ] 11,
1. STANDARD OF CARE. Services listed in Scope of Work- shall be carried out by JOHN L. HUNTER AND
ASSOCIATES, INC. in a manner consistent with that level of care and skill ordinarily exercised by
other environmental consultants currently practicing under similar circumstances at the time the
Services are performed. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE BY JOHN L.
HUNTER AND ASSOCIATES, INC. WITH RESPECT TO THE QUALITY OF SERVICES PERFORMED.
It is understood and agreed that JOHN L. HUNTER AND ASSOCIATES, INC. has not created or
contributed to the presence of any hazardous waste, pollutants, chemicals, or other hazardous
materials at the site described in Scope of Work.
CLIENT understands and agrees that the discovery of certain conditions by JOHN L. HUNTER
AND ASSOCIATES, INC. may result in economic loss to CLIENT and /or regulatory oversight. CLIENT
also agrees that JOHN L. HUNTER AND ASSOCIATES, INC. is not responsible for disclosures,
notifications, or reports that may be required to be made to third parties (including government
authorities).
JOHN L. HUNTER AND ASSOCIATES, INC. is responsible for the data, interpretations and
recommendations developed by JOHN L. HUNTER AND ASSOCIATES, INC. JOHN L. HUNTER AND
ASSOCIATES, INC. is not responsible for the interpretation of this information by others.
CLIENT agrees that JOHN L. HUNTER AND ASSOCIATES, INC. is not a generator, store,
transporter, arranger for transportation, or disposer of hazardous materials, pollutants, of
contaminants found or identified. JOHN L. HUNTER AND ASSOCIATES, INC. is not responsible, and
has no liability for, transportation, storage, treatment, disposal or disposition of hazardous
substances, pollutants or contaminated material of any kind, whether or not generated from JOHN L.
HUNTER AND ASSOCIATES, INC. work in Scope of Work.
The discovery of any condition of the property, including but not limited to the discovery of
hazardous materials, that may be reasonably expected to have a significant impact on JOHN L.
HUNTER AND ASSOCIATES, INC.'s ability to perform the SERVICES listed in Scope of Work to a
changed position requiring renegotiation and an equitable adjustment, in good faith, to Scope of
Work.
2. LIMITATION OF LIABILITY. CLIENT agrees that JOHN L. HUNTER AND ASSOCIATES, INC.'s liability
and that of its contractors and subcontractors arising from any Services rendered as a part of this
Agreement, whether arising from acts, omissions, or errors, shall not exceed JOHN L. HUNTER AND
ASSOCIATES, INC.'s total fee for the services listed in total Scope of Work.
JOHN L. HUNTER AND ASSOCIATES, INC. is not responsible for the quality of accuracy of data
or information nor from the sampling programs or methods from which the data was developed,
where such information or data is provided by or through CLIENT or others with whom JOHN L.
HUNTER AND ASSOCIATES, INC. has no contract. JOHN L. HUNTER AND ASSOCIATES, INC. is not
liable for any obligations, claims, losses, damages, penalties, actions judgments, suits, costs or
expenses related to or in connection with JOHN L. HUNTER AND ASSOCIATES, INC.'s reliance on or
use of any data or information furnished by CLIENT or others.
-14-
Proposal for Environmental Servic !DES /Industrial Waste Services
City of Arcadia December 13, 2005
March 1, 2006 through February 28, 2007
ATTAC14MENT "A" SCOPE OF WORK
'STANDARD TERMS CO
- ANDNDTTIONSF. .a ;
3. FORCE MAJEURE. JOHN L. HUNTER AND ASSOCIATES, INC. is not liable for any failure to perform,
or delay in performance, due to circumstances beyond any reasonable control, including but not
limited to strikes, riots, wars, fires, floods, explosions, acts of nature, acts of government and labor
disputes. If performance is delayed due to any such circumstance, CLIENT is not relieved of any
obligations under this Agreement.
If JOHN L. HUNTER AND ASSOCIATES, INC.'s services are interrupted due to any cause beyond
its control, CLIENT and JOHN L. HUNTER AND ASSOCIATES, INC. shall renegotiate a reasonable rate
of compensation for any additional labor, equipment, or other costs associated with maintaining its
work force and equipment at the Site during the interruption or for the costs incurred by JOHN L.
HUNTER AND ASSOCIATES, INC. for demobilization and subsequent re- mobilization at the Site.
4. JOHN L. HUNTER AND ASSOCIATES, INC., will not generate or handle any hazardous or deleterious
materials within the scope of this proposal. JOHN L. HUNTER AND ASSOCIATES, INC., its officers,
agents, employees and subcontractors, are not responsible for any claims, losses, damages, lawsuits,
or costs of defenses or settlement (including attorney's fees) as a result of death or bodily injury or
threat thereof to any person, destruction or damage to any property, contamination of or adverse
effects on natural resources or the environment, any violation of local, state or federal law,
ordinances, regulation or orders or any other damages claimed by others due to the release or
discharge of hazardous or deleterious materials unless solely due to negligence or willful misconduct
of JOHN L. HUNTER AND ASSOCIATES, INC.
5. INDEPENDENT CONTRACTOR. JOHN L. HUNTER AND ASSOCIATES, INC. is at all times during the
term of the Agreement an independent contractor. JOHN L. HUNTER AND ASSOCIATES, INC. shall
not, for any purposes, be deemed an agent, employee or legal representative of the CLIENT.
6. CONFIDENTIALITY. JOHN L. HUNTER AND ASSOCIATES, INC. and CLIENT shall retain as
confidential all information and data furnished by the other party in connection with this Agreement
which is designated in writing. Neither JOHN L. HUNTER AND ASSOCIATES, INC. or CLIENT shall
disclose such confidential information except after advance notice to the other party, if possible, as
required by statute, regulation, ordinance, judicial order or other governmental request or is
necessary for a vendor, supplier or subcontractor in order to make a bid or supply materials,
equipment or services.
7. TAXES. CLIENT shall pay any applicable sales or use tax in the amount required by law.
8. TERM AND TERMINATION. The term of this Agreement shall begin on the day it is signed by both
parties. The Agreement will continue in force until all of the parties' obligations are fully performed
or the Agreement is otherwise terminated. Notwithstanding this provision, the provisions of Section
2, LIMITATION OF LIABILITY of this Agreement survive termination of the Agreement and shall
continue in full fore and effect.
Either party may terminate this Agreement in the event of a material breach of the Agreement
by the other party which is not cured within thirty (30) days after notice thereof. Otherwise this
Agreement shall terminate upon completion and acceptance of Services listed in Scope of Work or by
mutual written agreement of the parties.
-15-
1 JR•' I•
Proposal for Environmental Services
City of Arcadia
March 1, 2006 through February 28, 2007
ATTACHMENT "A" SCOPE OF WORK
NPDES /Industrial Waste Services
December 13, 2005
STANDARD TERMS AND CONDITIONS
9. WAIVER. No waiver by either party of any default by the other party in the performance of this
Agreement shall operate as a waiver of any future default.
10. ASSIGNMENT. This Agreement may not be assigned by either party without the written consent of
the other party.
11. NOTICES. All notices, reports and invoices shall be in writing and may be transmitted by mail, telex
or telefax to the other party at the address listed in this Agreement or such other address designated
in writing. Notices are deemed to be given on the date transmitted.
12. SEVERABILITY. If any word, phrase, clause, sentence, or other provision of this Agreement is
determined to violate any applicable statute, regulation or ordinance, such provision is ineffective to
the extent of violation. The remainder of this Agreement remains valid and enforceable to the fullest
extent of the law.
13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties hereto with
respect to the subject matter hereof and supersedes all prior negotiations, representations,
warranties, commitments, contracts and writings, whether oral or written, between the parties with
respect to the subject matter of this Agreement. No amendment or modification may be made to
this Agreement except by mutual agreement of the parties made in writing and signed by both
parties.
14. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of
the State of California.
Compliance with the NPDES Program requires active City participation and thorough
implementation of Best Management Practices JLHA does not accept responsibility of work or
actions performed by others or contrary to the recommendations of JLHA.
-16-
• i r 0 1 A�
AMENDMENT NO. 2 TO AGREEMENT FOR THE ADMINISTRATION
AND MONITORING OF THE CITY'S MUNICIPAL STORMWATER
(NPDES) AND INDUSTRIAL WASTE PROGRAMS BY AND BETWEEN
THE CITY OF ARCADIA AND JOHN L. HUNTER AND ASSOCIATES,
INC. (FORMERLY HUNTER KENNEDY AND ASSOCIATES, INC.)
This Amendment No. 2 ( "Amendment No. 2 ") is hereby entered into by and between the
City of Arcadia, a municipal corporation of the state of California, and John L. Hunter and
Associates, Inc., (formerly Hunter - Kennedy and Associates, Inc.) a California Corporation with
respect to that certain Professional Services Agreement between the parties dated April 17, 2003
( "Agreement ").
The parties agree as follows:
1. Section 3.1.2 of the Agreement is hereby amended by deleting February 28, 2004 and by
substituting therefore February 28, 2006.
2. Section 3.3 of the Agreement is hereby amended by deleting Seventy -Four Thousand
Dollars and No Cents ($74,000.00) and by substituting therefore Fifty Seven Thousand
One Hundred Seventy Dollars and No Cents ($57,170.00).
2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 2 on the date set forth
below.
CITY OF ARCADIA
By,1 wdlpwn.., tlll<
City Manager
Dated: 3130 2005
APPROVED AS TO FORM:
City Attorney
JOHN L. HUNTER AND ASSOCIATES, INC.
By
Title
CONCUR:
PAT AL
PUBLIC WORKS S RVICES DIRECTOR
O £. '7'O
AMENDMENT NO. 1 TO AGREEMENT FOR THE
ADMINISTRATION AND MONITORING OF THE CITY'S
MUNICIPAL STORMWATER (NPDES) AND INDUSTRIAL
WASTE PROGRAMS BY AND BETWEEN THE CITY OF
ARCADIA AND HUNTER - KENNEDY AND ASSOCIATES, INC.
. This Amendment No. 1 ( "Amendment No. 1") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the State of California, and
Hunter - Kennedy and Associates, Inc., Environmental Consultant, with respect to that
certain Professional Services Agreement between the parties dated April 17`h, 2003
( "Agreement ").
The parties agree as follows:
1. The term of the Agreement is extended to and including February 28`h, 2005.
2. The Scope of Work is hereby amended to include additional work and
modifications to the contract as specified in "Attachment A (Scope of Work)."
3. All other terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. I on the date set
forth below.
CITY OF ARCADIA
By U 1
City Manager
Dated: V6 .2004
TTEST: `
City Clerk C
APPROVED AS TO FORM:
1�. P
City Attorney
CONSULTANT
Title
Dated: 3 /1 2004
7—Pa—Malloy
Public Works Services Director
Proposal for Environmental Services
City of Arcadia
February 28, 2004 through February 28, 2005
L Program Management
4tachpient A - Scope of Work
Best Management Practices
January 3, 2004
Hunter - Kennedy will continue to assist the City in the development of guidelines and
procedures to be used to implement various municipal stormwater BMP's. Typical
Program Management and oversight activities will include, but are not limited to, the
following:
A. Provide staff to attend and report on the actions of the various Watershed
Management Committees, the Executive Advisory Committee and other
subcommittees. HKA provides a semi - monthly newsletter which summarizes
pertinent meetings, regulatory actions and deadlines. Semi- monthly meetings
with the City will be scheduled to discuss pertinent issues.
B. Keep the city informed of the development of the NPDES permit. Review
proposed changes and modifications to the model programs which would
affect future implementation plans.
C. Prepare a summation report for FY 2003 -04, which will include information
pertinent to the Annual Implementation. Report requested by the County for
eventual submittal to the Regional Board by October 2004.
II. Illicit Connections/Dischara
The ICID program is an essential part of the overall Stormwater Program, effectively
combining some functions from the Public Agency, Development, and Public Education
functions. An ICID program takes information collected from myriad sources, and uses
that information to investigate potential illicit connections and illicit discharges
throughout the City. The proposed ICID program will consist of the following:
A. Trained HKA staff will conduct quarterly "dry weather' inspections of the
City. These are conducted in random areas of the City, and are used to obtain
information about potential illicit discharges and connections and to locate
sites that may require further investigation. These inspections are also used to
investigate the apparent overall effectiveness of the City's stormwater
program (i.e. is there trash visible in the street, which areas require more
frequent cleaning or sweeping, etc.).
i-
Proposal for Environmental Services Best Management Practices
City of Arcadia January 3, 2004
February 28, 2004 through February 28, 2005
B. During each quarter, if a significant amount of rainfall occurs, a "wet-
weather" inspection will be performed. This is essentially the same as a "dry -
weather" inspection, but also investigates the status of the City storm
drainage system (i.e. are there areas where storm drains are blocked and why?
And /or are there areas that appear to be carrying more trash in the runoff,
etc.).
C. HKA personnel will be available to perform ICID investigations and required
follow -up inspections in response to citizen or City complaints, or
observations of violations of the City Stormwater Ordinance and Municipal
Permit. Since each investigation varies based on the complexity of the
situation encountered, this service will be provided on a time and materials
basis per the attached rate schedule.
D. HKA staff will be available to assist the City in preparation of formal
enforcement action, if needed, for discharges failing to correct significant
violations. This service will be provided on a time and materials basis per the
attached rate schedule.
E. Training in the elements of the ICID program will be provided to appropriate
City personnel during the Public Agency training sessions.
F. Conduct Follow -up inspections with violations found under the Industrial
and Commercial inspection and Site Visit Program (Section V).
G. Identify areas to be considered as potentially "priority areas" for field
screening of storm drain system illicit connections, which must be completed
by February 1, 2005.
III. Development Planning and Development Construction
The heart of this portion of the stormwater program hinges on two items: 1) New and
redevelopment projects must often address stormwater concerns prior to construction,
and 2) Construction activities are conducted in such a way as to reduce or eliminate
pollution that may be generated during the construction process. HKA personnel will
provide the following:
A. HKA will conduct a follow -up training session with Planning, Building and
Code Enforcement Department personnel. The training will focus on
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Proposal for Environmental Services Best Management Practices
City of Arcadia January 3, 2004
February 28, 2004 through February 28, 2005
processing applications with potential stormwater impacts, including
stormwater concerns in building inspections, and SUSMP requirements.
B. HKA staff will be available to assist city staff with questions regarding the
ongoing implementation of the Municipal Permit requirements.
C. HKA staff will be available to perform plan checks (storm water pollution
prevention plans and standard urban stormwater mitigation plans) for storm
water concerns. This item will be performed on a time and materials basis per
the attached rate schedule.
D. Review the County-wide Technical siting manual due for release on February
4, 2004 and update the "Building Better Stormwater Quality", "Improving
Stormwater Quality by Design" and other related guidebooks as necessary for
developers regarding the SUSMP and SWPPP process.
E. HKA staff will be available to perform on -site NPDES inspections of major
building/ planning department projects for storm water concerns. This item
will be performed on a time and materials basis per the attached rate
schedule.
F. HKA personnel will conduct an annual review of the current status of the
Building and Planning departments for reporting purposes.
G. Support the County's effort to develop a technical manual for developers.
IV. Public Agency
The Public Agency portion of the stormwater program essentially consists of 10 sub-
programs that cover specific activities that may be conducted by a City. HKA shall
perform the following activities:
A. On an annual basis, HKA personnel will conduct a review of the current
status of the various Public Agency program areas, which include:
Sewage System Operations,
Public Construction Activities,
Vehicle Maintenance /Materials Facilities Management,
Landscape and Recreational Facilities Management,
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Proposal for Environmental Services
City of Arcadia
February 28, 2004 through February 28, 2005
Storm Drain Operation and Management,
Streets and Roads Maintenance,
Parking Facilities Management,
Public Industrial Activities,
Emergency Procedures,
Dry Weather Diversions.
Best Management Practices
January 3, 2004
B. HKA will update the City's Stormwater Quality Management Plan. The
SQMP will contain guidelines for operation of the various program elements.
C. An employee training session for appropriate Public Works personnel will be
held.
D. HKA will assist the City in development of methods to upgrade program
operating procedures based upon the findings of the quarterly and annual
reviews.
V. Industrial and Commercial Inspections (formerly Educational Site Visits)
The Municipal Permit requires that existing and new businesses in certain industrial
categories be visited on a regular basis in order to educate the owners and employees
about stormwater concerns and inspect for potential stormwater problems.
A. HKA will perform approximately 340 inspections at approximately 240
businesses within the City based on the existing list (which will be updated on
an annual basis, Phase I and selected SUSMP facilities may require an
additional BMP implementation plan review cost if necessitated by future
regulatory mandates).
110 NPDES inspections only
118 Joint NPDES /Industrial Waste inspections
112 Industrial Waste inspections only
Violation follow -up will be conducted via the ICID program.
B. Review City's business license list and selected applicable state databases to
update the site inspection database.
VI. Public Outreach
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Proposal for Environmental Services Best Management Practices
City of Arcadia January 3, 2004
February 28, 2004 through February 28, 2005
Educating the public about stormwater pollution and prevention methods is vital to the
success of the overall program and to the reduction of pollution in general. HKA has
experience in designing and organizing Public Outreach programs for a number of
cities in Los Angeles County. These programs have included the development of public
service announcements, creation of outreach campaigns to local businesses, performing
presentations at local schools and public events, design and production of promotional
items, etc.
Over the course of the 16 months we are proposing the following outreach activities to
maintain program compliance with the LA County NPDES Model Program.
The following are required and must are to be included in the Annual Report:
The Annual report asks what the City does to address pollutant specific outreach. The
programs below target specific pollutants and their sources.
1. Pollutant Specific Outreach Programs:
a. Bacteria - Pet Waste Program - Partner with pet stores, vets, animal
hospitals, annual vaccination clinic, etc, to disseminate information on pet
waste and the harmful bacteria that is found in canine fecal matter.
b. Pesticides, Fertilizers, Herbicides, Leaves, etc - Landscaper outreach
program - Develop materials targeting the Landscape Industry and their
employees to reduce the amount of trash, debris, chemicals and bacteria
that enter the storm drain system.
c. Gardening workshops
i. Give presentations at or partner with, gardening club workshops to
raise awareness of gardener's use of pesticides, fertilizers,
herbicides, native planting, over watering, etc.
ii. Work with County's Smart Gardening program to provide valuable
stormwater materials at the Arboretum during their composting
workshops.
The Annual report specifically asks what the City has done to make outreach material
available to businesses, the programs below, all of them all ready in place in Arcadia,
allow us to provide a wide range of industries targeted in response to the report's
question.
2. Business Outreach Programs:
a. Restaurant Program -annual program with database updates (Spring 2004,
2005) With this program restaurants are sent information literature,
already developed, alerting owners, managers and employees about
sidewalk and patio washing.
i. The collateral material will be due for an update in spring 2005.
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Proposal for Environmental Services Best Management Practices
City of Arcadia January 3, 2004
February 28, 2004 through February 28, 2005
b. Business Licensing Program - this provides information to all business
(Fall 2004)
The Business Guide to Stormwater Pollution Prevention brochure will be
displayed at the City counters, given to the finance dept. to include in new
business packets and renewal packets and will also be sent to the chamber
of commerce.
c. Auto Body /Detailer informational literature (Spring 2004, 2005)- an
informational piece directed at business owners in this industry. This
piece has been prepared as a mailer and will be mailed to businesses in
the city that are in this industry. One piece in development, another for
2005 will be added to the program.
d. POP business program (falWinter 2004, 2005)
This program will continue to provide outreach to residents via displays
on counters of participating businesses. Replacement brochures to be
printed in winter 2004. We anticipate increasing the number of businesses
involved in winter 2005.
These are the activities that are Model Program specific, along with providing the
community outreach to residents' element for the annual report. These programs are
implemented each year.
3. Model Program Activities
a. Library Program - disseminates information to libraries for distribution. Act as
a community partner.
b. PSA participation letter - send out County PSA to local media outlets.
c. Speaker arrangement letter - invite local clubs to have a speaker come in for a
lecture on stormwater pollution.
d. Press Releases - continue to send out relevant press releases.
e. Speaking engagements - we will attend club events on behalf of the City to
promote stormwater pollution prevention in the City.
f. Chamber of commerce outreach - partner with chamber for continued
business outreach.
g. County Media Buy - participate with county, by supporting their campaign.
h. Event list - research, update and provide to county.
i. Translate BMP's- Our inspectors have noticed a need for translated BMP's into
Spanish and Chinese.
j. Collateral Dissemination - Work with local groups to increase collateral
material dissemination.
The report also wants to know what the City does to reach the media and community
4. Media/Community Outreach
- Press Releases
-6-
Proposal for Environmental Services Best Management Practices
City of Arcadia January 3, 2004
February 28, 2004 through February 28, 2005
a. Where does your water go?
b. Learning activities for children
c. First Flush
- Newsletter/ Newspaper Articles - Pet wastes, summer bugs, safe gardening
- Letters to schools inviting them to participate in the Environmental Defenders
Assembly Program
- Newspaper and media outlet research and update of dissemination list and
opportunities.
• Earth Day Co -op Ad
This ad supplements the county's media buys. This is done through a co -op ad
focusing on Trash and Litter with other upper San Gabriel Valley Cities. An ad is
placed in the San Gabriel Valley Tribune for Earth Day.
5. Material Development - Develop collateral materials as necessary develop
additional outreach materials to address issues in the program.
Outside Vendor costs
We estimate vendor costs for production and distribution of brochures, pamphlets,
PSAs, promotional items etc. to be approximately $2,000. HKA will coordinate this
task, but unless specifically requested, these costs will be billed directly to the City by
the vendor and as such are outside of the scope of this proposal, but should be
budgeted for.
VII. Total Maximum Daily Loads (TMDLs)
The implementation of the Los Angeles Trash TMDL may be impacted as a result of
recent court decisions. While the TMDL originally called for the performance of s street
sweeping study in July as part of the DGR requirements. A BMP implementation
program may be substitutable for the DGR program. Additional TMDLs are in various
stages of development at the Regional Board, but are not expected impact program
during the term of this proposal.
A. HKA will participate with the catch basin cleaning and sorting contractor and
continue to review the City's land use areas, storm drain system, and upcoming
TMDLs for the City to develop a coherent strategy over the upcoming years.
VIII. Industrial Waste
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9 0
Proposal for Environmental Services Best Management Practices
City of Arcadia January 3, 2004
February 28, 2004 through February 28, 2005
The discharge of wastewater from businesses can damage sewers and cause
environmental pollution if not properly managed. The discharge of wastewater
from restaurants often causes sewer stoppages, which in the best circumstance
results in the overflow of raw sewage to the street. In the worse case, it can cause
the sewage to back up into other businesses and even into homes.
Wastewater containing heavy salt or sediment loads can also cause blockages and
occasionally permanently damage the sewer system beyond repair. The
discharge of flammable oils and other light hydrocarbons has occasionally caused
explosions over widespread areas of cities.
Approximately 50 cities in Los Angeles County have implemented an Industrial
Waste Discharge Program to reduce the likelihood of blockage or damage to the
sanitary sewer system. This program includes:
1. Legal authority
2. Inspections
3. Investigations
4. Violation corrections
5. Permitting and plan checking
6. Annual fees to offset program costs
This program supplements the Los Angeles County Sanitation Districts'
program, which does not involve inspections of restaurant grease traps or the
protection of locally owned lines.
Several requirements of the NPDES Storm Water Program can be combined with
essentially identical elements of this program, resulting in a substantial reduction
in overall costs to the city.
Legal Authority
In 1993, the City adopted an Industrial Waste ordinance patterned after, the Los
Angeles County Industrial Waste Ordinance (Chapter 20.36).
This ordinance identifies business categories to be affected, sets standards,
operating procedures and fees for the administration of the Industrial Waste
Program. Under this ordinance:
1. The discharge of offensive and damaging substances is prohibited.
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Proposal for Environmental Services Best Management Practices
City of Arcadia January 3, 2004
February 28, 2004 through February 28, 2005
2. Discharge permits are required of businesses that will be discharging
significant quantities of wastewater. Ninety-four business types (list attached)
are identified by the ordinance.
3. The numbers of inspections that are made at each business are based on the
type of activity occurring at each specific location. For example, restaurants
are inspected once each year, car washes are inspected three times per year.
4. Conditions that constitute a violation of the ordinance are identified as well
as a correction protocol.
Fees are assessed on a sliding scale based upon the historical likelihood of sewer
blockages from a specific business type. Fees automatically increase every year
based upon the consumer price index
Inspections
To reduce the likelihood of sewer blockages resulting from the discharge of
inadequately treated wastewater from businesses, annual inspections are made
of all business in the categories established by the ordinance.
The typical frequency of inspections range from once per year for restaurants
and service stations and three times per year for truck repair facilities with steam
cleaning and car washes.
The inspections are primarily focused on employee education and the proper
operation of any existing pretreatment systems, commonly referred to as grease
traps or clarifiers.
Standard inspection protocol.' (On -site time is 15 to 30 minutes)
1. Inspectors have received 40 -hour OSHA hazardous waste training.
2. Identification cards are worn at all times.
3. If the business owner or manager is not available, a return inspection will be
made.
4. Restaurant inspections are not scheduled between 11:30 and 1:30.
5. It is the owner's responsibility to open the pretreatment system for
inspection.
To reduce program costs, Industrial Waste inspections are combined with Storrs Water Site Visits
where possible.
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Proposal for Environmental Services _ Best Management Practices
City of Arcadia January 3, 2004
February 28, 2004 through February 28, 2005
6. The discharge is checked for acids, caustics, oils, and sludge.
7. If there has been a history of improper waste handling including spillage, a
brief walk through of the facility is made.
The results of the inspection are discussed with business personnel. No notices
of violations are issued in the field. Potential violations are reported to the
Director of Public Works.
Investigations
Complaints from citizens, City personnel or other sources, regarding improper
waste disposal practices will be investigated and a report of each incident sent to
the Director of Public Works.
Incidents such as sewer blockages, or areas observed by City personnel to require
increased sewer maintenance will also be investigated.
The primary goals of the investigations are to:
1. Ensure adequate clean -up of the spill or discharge, and
2. To work together with business to avoid a reoccurrence of the incident.
The investigation will, where possible:
Identify the responsible party,
The location of the spill or blockage,
The types of materials involved, and
The cause of the incident
Names and addresses of witnesses are also recorded in the event that the City
undertakes legal or cost recovery measures. Due to the nature of these incidents,
the Director of Public Works typically sends Notices of Violation to the
responsible party within one week.
Samples will be collected as appropriate following EPA SW -846 collection
protocol. Laboratories certified by the State of California will perform all
analyses.
10-
Proposal for Environmental Services Best Management Practices
City of Arcadia January 3, 2004
February 28, 2004 through February 28, 2005
Violation Corrections
When conditions are observed during inspections that constitute a violation,
three primary actions are typically taken.
1. The conditions are verbally discussed with the business personnel,
2. A brief report is made to the Director of Public Works, and
3. The Director sends a follow -up Notice of Violation to the business.
In the majority of instances, this is sufficient to correct the condition.
Occasionally, additional action is required. If the violation is not corrected by the
deadline of the first letter, then up to two additional letters are sent to the
business. If the conditions remain uncorrected, the case is forwarded to the
City's Code Enforcement Division or City Attorney and handled in a manner
similar with standard code enforcement procedures. Violations may be
prosecuted as misdemeanors.
Permit and Plan Review
When new businesses, or existing businesses undergoing extensive modification,
submit plans to the Building Department, the plans are reviewed for compliance
with the Industrial Waste Ordinance. Those businesses that will be discharging
significant amounts of wastewater will be required to complete an "Industrial
Waste Discharge Permit" application. The application and any associated plans
and supporting information are reviewed for:
Discharge rates into the sewer
Pretreatment retention times and capacity
Types of materials being discharge
Spill Containment
Any deficiencies on the submittal will be noted on a plan check review sheet and
returned to the applicant for correction and submittal.
During the inspections, businesses will often be encountered with little or no
pretreatment capability. This is typical of restaurants that have not installed
grease traps or auto service facilities that are washing cars. In the case of auto
service facilities, they are asked to either stop washing cars or install a sand or
grease clarifier.
11 -
•
Proposal for Environmental Services
City of Arcadia
February 28, 2004 through February 28, 2005
Best Management Practices
January 3, 2004
Restaurants will be required to install a grease trap if they have caused a sewer
blockage or if they are in high -risk areas such as:
Seating capacity greater than 150,
The sewer line is unusually shallow, less than 0.40%,
The sewer line is less than 8 inches in diameter, or
There is less than 150 feet of upstream sewer.
The minimum permitted size of grease trap is 750 gallons, although smaller sizes
(down to 50 pound capacity) may be permitted for retrofits and were space
constraints exist
The fees are set by the ordinance and the program is essentially 100% self
supported. The two major types of fees are:
Inspection fees
Inspection fees are assessed annually. The invoices will be prepared by H -K in
June of each year. All payments are mailed by the business directly to the City
Public Works Department. Fees are mailed on or after July 1 or each year.
Permit Application Fees: Each Industrial Waste Discharge application is charged
an application fee based on the type of business in accordance with the Industrial
Waste Ordinance. One application (and fee) is needed for each separate
connection to the sewer system.
Plan Checking Fees: These fees are determined in accordance with the schedule
in the Industrial Waste Ordinance, and are based on the type of business and
discharge point (sewer, ground injection, etc.). The fees are collected at the City
(by HK personnel) and processed by the City's Finance Department.
XI. Estimated Costs
Task
February 4, 2004 -
June 30 2005
Program Management,
Budgeting and Reporting
$3,300
$3,200
Illicit Connections/Discharges
$4,700
Development Planning and Construction
$1,250
12-
Proposal for Environmental Services
City of Arcadia
February 28, 2004 through February 28, 2005
Best Management Practices
January 3, 2004
Estimated SUSMP and IW plan review costs
$11,000
Public Agency
Review compliance with permit categories and
$2,300
update SQMP
Public Outreach
General Public
$3,000
Business Community
$5,250
Outside vendor costs
$2,000
Inspections (Industrial Waste and NPDES)
$24,500
(Approximately 340)
TMDL (budgetary estimate)
$2,500
Estimated Cost to City
$63.000
*Plan Checking and other items as noted will be conducted on a time and materials basis as per
the attached rate sheet.
This proposal is to assist the City in implementing Best Management Practices (BMPs)
to reduce pollution in stormwater runoff. Changes to the City's existing requirements
are currently being negotiated with the Regional Board. Some changes to the existing
program requirements are expected to occur, but the extent of these changes will not be
known until the new programs are formally adopted by the Regional Board.
Hunter - Kennedy & Associates, Inc. appreciates the opportunity to offer our services to
continue to assist the City. Compliance with the NPDES program requires active city
participation and thorough implementation of best management practices. The NPDES
process is still evolving and therefore, the costs herein are subject to change. The
program will be on a time and materials basis, based on the written scope of work, with
the total cost not to exceed the estimated amount without prior City approval.
Public Outreach work produced for use by the City and for use within the City is the
property of the City unless otherwise covered by copyrights. Written consent from Hunter -
Kennedy must be obtained for release of original artwork or productions for distribution
outside of the City.
HKA does not accept responsibility of work or actions performed by others or contrary to the
recommendations of HKA.
13-
, - MFLR 04 2004 2118PM BI
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BISSELL INSURANCE SEWAC99
10523 HUMBOLT STREET lPO BOX 1744
LOS ALAMITOS, CA 00T213-2376
(892) 403 -6670
FAX (662) 483-0906
INSURRNCE SERVICE 562 6506
A ASSURANCE COMPANY OF AMERICA
INBUND
HUNTER • KENNEDY & ASSOCIATES, INC. coMPANY
B ASSURANCE COMPANY OPAMERICA
COMPANY
13310 FIRESTONE STE A -2 D --
SANTA FE SPRINGS, CA 90670 OMPANY
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CITY OP ARCADIA, ITS DIRECTORS OPFICERS EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS
ADDITIONAL INSURED AS RESPE&6 WORK RRPORMED BY THE NAMED INSURED.
MRR 04 2004 2r18PM BOSELL INSURfiNCE SERVICE 562 3 6508 p.2
POLICY NUMBER: PAS36816487 COM RGAL QENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED •• - •DESIGNATED PERSON OR
ORGANIZATION
TWO endorsement modifies Insuranoe provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization;
CITY OF ARCADIA
ATTN: CITY CLERKS OFFICE
240 W. HUNTINGTON DR.
P.O. BOX 80021
ARCADIA, CA. 81088.8021
(If no entryry appears above, information required to complete this endorsement will be shown In the Declarations
as appiicebto io this endorsement)
WHO IS AN INSURED (Section li) Is amended to Include as an Insured the person or organization shown In the
Schedule as an insured but only with respect to liability arlsing out of your operations or premises owned by or
rented to you.
CITY OF ARCADIA, ITS DIRECTORS, OFFICERS, EMPLOYERS, AGENTS AND VOLUNTEERS
Copyright, Insurance Services Office, Int. 1884
MAR 04 2004 2t19PM BELL INSURANCE SERVICE 5623 6508 P.3
POLICY NUMBER; PAS38818487 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - •••DESIGNATED PERSON OR
ORGANIZATION
This endorsamem. modlfles Insurance provided under the following;
BUSINESS AUTO COVERAGE FORM
SCHEDULE
Nam* of Person or Organization:
CITY OF ARCADIA
ATTN: CITY CLERKS OFFICE
240 W. HUNTINGTON DR.
P.O. BOX 80021
ARCADIA, CA. 81088"8021
WHO IS AN INSURED (Section Iq Is amended to Include as an insured the person or organization shown In the
Schadu'.* as an Insured but onlywith reaped to IIablllty arising out of the ownershlo, malntananoe, or use of a
covered "auto ".
CITY OF ARCADIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS
Copyright, Insurance SeMoes Offoe, Inc. 1084
52212716
Qf3Q.. CERTIFICAMOF LIABI
PaoouaHa
Stephens and Long
6037 Geary Blvd
San Francisco CA 94121
INSURED Hunter - Kennedy Associates
1.3310 Firestone Blvd., Suite A -2
Santa To Springs,CA 90607
- -
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03/04 '04 4 N0.625 02/02
LITY IMSURANIC AeAIM"°AA
THIS CERTIPICATE IS ISSUED AS A MATTER OF INFOWATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAW APPORDSD BY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE
MBUTERA Ildetptriter,19_x,O,altrR SIB_
INSURER B:
INSURER 0
INSURER D
INSURER W ... . _.._
THE POLICIES OF INSURANCE LISTED BROW HAYS SEEM ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED, NOTWITHSTANDIMO
ANY RECNRD ENT, TERN OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE I66UFP OR
MAY pSATNN 'MR INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IB SUW11CT TO ALL THE TERMB, EXCLUSIONS AND CONDITIONS OP SUCH
POLIOISS. ANWEOATE LIMITS SHOWN MAY HAVE BEEN REDUCED MY PAID CLAIMS.
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POLICY NUMBER
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LIMITS
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Ju:ArNU aeM I rJMAI - ® e ACORD CORPORATION T YBS
SHOULD ANY OF THE ABOVE bF90AIDH0 POUOIES OD CANCELLEP MSPORF. TI S EXPIRATIO
City of Arcadia
DATE THEREOF, nM ISSUtle MEURER TALL ENDEAVOR TO MAIL DAYS IIRTTB!
City Clerks Office
NOTIOETOTHE CERTIFICATE HOLDER NAMED TOTAE LEFT, OUT FAILUPETO DO 00 SHALL
240 W. Huntington Drive
IMPOSE NO ODLI N OR LUTA LMY OF ANY RNO UPON THE INSURER, In AaWM OR
80 Box 60021
RIPMESPIT
A'^ T
Arcadia# CA 91066 -6021
Ju:ArNU aeM I rJMAI - ® e ACORD CORPORATION T YBS
CERTIFICATE HOLDER COPY
STATE
P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807
COMPENSATION
I N S U R A N C E
FUND
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
FEBRUARY 26,
2003 GROUP:
POLICY NUMBER: 1113148 -2003
CERTIFICATE ID: 74
CERTIFICATE EXPIRES: 01 -01 -2004
01 -01- 2003/01 -01 -2004
CITY OF ARCADIA
11800 GOLDRING ROAD
ARCADIA CA 91066
ATTN: SUSANNAH TURNEY
This is to certify that we have issued a valid Worker's Compensation insurance Policy in a farm approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions, and conditions, of such policies.
AUTHORIZED REPRESENTATIVE
A�,, c. �
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT 48065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -2003 IS
ATTACHED TO AND FORMS A PART OF .'PHIS POLICY.
EMPLOYER
HUNTER KENNEDY AND ASSOCIATES,INC
13310 FIRESTONE BLVD STE A2
SANTA FE SPGS CA 90670
RnIP 109RF
rFULI 11 - rthA I
oss�o 9a ORIGINAL
-u
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 13 �hday of & r i 2003 by
and between the City of Arcadia, a municipal organization organized under the laws of the State
of California with its principal place of business at 240 West Huntington- Drive, Arcadia,
California 91066 -6021 ( "City ") and Hunter - Kennedy and Associates, Inc., a California
Corporation with its principal place of business at 13310 Firestone Blvd., A -2, Santa Fe Springs,
CA 90670 ( "Consultant "). City and Consultant are sometimes individually referred to as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing environmental consulting
services to public clients, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such services for the administration and
monitoring of the municipal stormwater NPDES and industrial waste programs project
( "Project ") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional environmental consulting services
necessary for the Project ( "Services "). The Services are more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from date of execution to
February 28, 2004, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines.
t • •
7 '
r �
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: John L. Hunter.
2
1 •1 �
3.2.5 City's Representative. The City hereby designates Pat Malloy, Public
Works Services Director, or his or her designee, to act as its representative for the performance
of this Agreement ( "City's Representative "). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates John L.
Hunter, or his or her designee, to act as its representative for the performance of this Agreement
( "Consultant's Representative "). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub - consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal /OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3
3.2. 10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
4
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self - insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self - insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self - insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
5
3.2.10.7 _ Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed Seventy-Four Thousand Dollars and No Cents ($74,000.00) without written
approval of City's Public Works Services Director. Extra Work may be authorized, as described
below, and if authorized, will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within forty -five (45) days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
6
0 0
3.3.4 Extra Work. At any time during the term of this Agreement, City'may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective Parties at the following address, or at such other
address as the respective Parties may provide in writing for this purpose:
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Consultant:
City:
Hunter - Kennedy and Associates, Inc.
13310 Firestone Blvd., A -2
Santa Fe Springs, CA 90670
(562) 802 -7880
Attn: John L. Hunter
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Pat Malloy, Public Works Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require
all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
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the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either Party commences an action against the other
Party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing Parry in such litigation shall be entitled to have and recover from the
losing Party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses. Consultant shall
defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant
shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for
any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both Parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
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3.5.12 Assignment or Transfer. Consultant shall not assign; hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
E
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non - discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF ARCADIA
By. UU A&
William R. Kelly, City Manager
Dated: '+ 4� 2003
ATTEST:
�Q)
ty Clerk
APPROVED AS4 O FORM:
Step en P. Deitsch
City Attorney
HUNTER - KENNEDY AND
ASS ) CES,
By:
[ r atu ] le L
FdV� L
[Print Name]
FcfrCr���
[Title]
CONCUR:
Department ead Date
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0
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide the following services:
ATTACHED
A -t
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NPDES Program Summary
• Review the City's legal authority regarding stormwater issues
• Verify that any City -owned catch basins are legibly stenciled
• Work with the City to develop a list of open channel access points
• Work to obtain list of GIASP, landfills, and TSDFs from the State and
SARA list from Fire Dept.
• Update critical source (including Restaurants) inspection forms
City to supply business license list
• Update stormwater inspection database
• Update the City's Illicit Discharge procedures where necessary
• Review the current SUSMP authority and plan check review procedures
• Update the list of ESAs (Environmentally Sensitive Areas)
• Review and update the City's CEQA procedures to include stormwater concerns
• Review the City's General Plan for Stormwater concerns
• Provide the City with SUSMP developer and contractor LSWPPPguidelines
• Inspect City Yard, and other City owried facilities
• Work with City to begin prioritizing City owned catch basins
• Work with City to begin prioritizing streets
• Verify the catch basin inert locations
• Provide training to Public Works, Building, Planning and Code Enforcement employees
I. Assess Current Implementation of Best Management Practices
The annual reporting requirements of the recently adopted Municipal NPDES Permit
are considerably more extensive than those of previous years. One of Hunter- Kennedy
and Associates' (H -K) initial actions will be a thorough assessment of the City's current
standing in regard to the annual reports. H -K will conduct inspections of City facilities
and meet with and interview applicable representatives of City departments prior to
submitting the report.
II. Program Mana ement
Hunter - Kennedy and Associates will assist the City in the development of guidelines
and procedures to be used to implement various municipal stormwater BMPs. Typical
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Program Management and oversight activities will include, but are not limited to, the
following:
A. Provide staff to attend and report on the actions of the various Stormwater
related committees and meetings, including the Los Angeles River Watershed
Management Committee, the Executive Advisory Committee and TMDL or
other subcommittees as applicable. Provide a summary of pertinent meetings,
regulatory actions and deadlines. Schedule semi - monthly meetings with the
City to discuss pertinent issues.
B. Keep the City informed of the development of the NPDES permit, the
Management Plan, and TMDL related issues. Review proposed changes and
modifications to the model programs which would affect future
implementation plans.
C. Prepare the Annual report requested by the County for eventual submittal to
the State Regional Water Board by October of each year. The report will
include information pertinent to the Annual Implementation of the Best
Management Practices by the City.
III. Illicit Connections/Discharges
The ICID Program is an essential part of the overall Stormwater Program, effectively
combining some functions from the Public Agency, Development, and Public Education
functions. An ICID Program takes information collected from a myriad of sources and
uses that information to investigate potential illicit connections and illicit discharges
throughout the City. The proposed ICID Program will consist of the following:
A. H -K staff will conduct quarterly "dry weather" inspections of the City. These
are conducted in random areas of the City, and are used to obtain information
about potential illicit discharges and connections and to locate sites that may
require further investigation. These inspections are also used to investigate
the apparent overall effectiveness of the City's Stormwater Program (i.e. to
determine if there is trash visible in the street, and which areas require more
frequent cleaning or sweeping, etc.).
B. During each quarter, if, a significant amount of rainfall occurs, a "wet
weather" inspection will be performed. This is essentially the same as a "dry
weather" inspection, but also includes investigation of the City storm
drainage system (i.e. find out if there are there areas that appear to be carrying
• •
more trash in the runoff, etc.).
C. Inspectors will be available to perform ICID investigations and required
follow -up inspections in response to citizen or City complaints, or
observations of violations of the City Stormwater Ordinance and Municipal
Permit. Since each investigation varies based on the complexity of the
situation encountered, this service will be provided on a time and materials
basis per the attached rate schedule not to exceed the authorized amount
without prior City authorization
Any stormwater related illicit discharges or illicit connection investigations
that are conducted by City staff must be reported to H -K for inclusion in the
annual report. Significant incidents must be reported to the Regional Board.
D. H -K staff will be available to assist the City in preparation of formal
enforcement action, if needed, for discharges failing to correct significant
violations. This service will be provided on a time and materials basis per the
attached rate schedule.
E. Training in the elements of the ICID Program will be provided to appropriate
City personnel during the Public Agency training sessions.
F. Recommend revisions to the ordinance to provide additional authority as
required by the NPDES Permit.
G. Conduct follow -up inspections with violations found under the Industrial and
Commercial inspection and Site Visit Program as necessary (Section VI).
H. Assist the City in screening priority areas for illicit connections and inspection
of open chamlels. Prepare copies of Illicit Connection investigation reports for
use by the City or the County in their management tracking system.
IV. Development Planning and Development Construction
The Development Planning and; Construction provisions of the permit require that
developers and contractors take specific steps to reduce stormwater pollution both in
the short term and the long term. Priority planning projects will be required to prepare
Standard or Site Specific Urban Stormwater Mitigation Plans while contractors with
more trash in the runoff, etc.).
C. Inspectors will be available to perform ICID investigations and required
follow -up inspections in response to citizen or City complaints, or
observations of violations of the City Stormwater Ordinance and Municipal
Permit. Since each investigation varies based on the complexity of the
situation encountered, this service will be provided on a time and materials
basis per the attached rate schedule not to exceed the authorized amount
without prior City authorization.
Any stormwater related illicit discharges or illicit connection investigations
that are conducted by City staff must be reported to H -K for inclusion in the
annual report. Significant incidents must be reported to the Regional Board.
D. H -K staff will be available to assist the City in preparation of formal
enforcement action, if needed, for discharges falling to correct significant
violations. This service will be provided on a time and materials basis per the
attached rate schedule.
E. Training in the elements of the ICID Program will be provided to appropriate
City personnel during the Public Agency training sessions.
F. Recommend revisions to the ordinance to provide additional authority as
required by the NPDES Permit.
G. Conduct follow -up inspections with violations found under the Industrial and
Commercial inspection and Site Visit Program as necessary (Section VI).
H. Assist the City in screening priority areas for illicit connections and inspection
of open channels. Prepare copies of Illicit Connection investigation reports for
use by the City or the County in their management tracking system.
IV Development Planning and Development Construction
The Development Planning and Construction provisions of the permit require that
developers and contractors take specific steps to reduce stormwater pollution both in
the short term and the long term. Priority planning projects will be required to prepare
Standard or Site Specific Urban Stormwater Mitigation Plans while contractors with
projects of over one acre will need to prepare Storm Water Pollution Prevention Plans.
Services that H -K will provide include:
A. Conduct two training sessions with Public Works, Planning, Building, and
Code Enforcement Department personnel. The training will focus on
processing applications with potential stormwater impacts, including
stormwater concerns in building inspections, and SUSMP requirements.
B. H -K staff will be available to assist City staff with questions regarding the
ongoing implementation of the Municipal Permit requirements.
C. City staff has historically performed plan check services and this is expected
to continue. However, H -K staff will be available to perform plan checks
(stormwater pollution prevention plans and standard urban stormwater
mitigation plans) for stormwater concerns as requested. This item will be
performed on a time and materials basis per the attached rate schedule.
D. Provide `Building Better Stormwater Quality" and "Improving Stormwater
Quality by Design" guidebooks for developers regarding the SUSMP and
SWPPP process.
E. Staff will be available to perform on -site NPDES inspections of major
Building/ Planning Department projects for stormwater concerns. This item
will be performed on a time and materials basis per the attached rate
schedule. City Building Inspectors will be responsible for inspections at sites
below 1 acre unless H -K is specifically asked to perform these duties.
F. Review the current status of the Building and Planning Departments for
reporting purposes.
G. Prepare guidelines for maintenance agreements and transfer of sites with
structural stormwater BMPs.
H. Provide sample text for updating General Plan to include stormwater
concerns.
I. Provide guidelines to update CEQA checklist as required by the NPDES
permit.
J. Support the County's effort to develop a technical manual for developers.
K. Update LSWPPP guidelines, including revised statements of responsibility by
the project owner and engineer of record.
• •
L. Prepare for the lowering of the SWPPP threshold from the current two acres
to one acre. (The LSWPPP threshold has already been lowered to one acre as
per this permit).
The NPDES Permit requires that all construction projects be inspected during the rainy season. Linder
this proposal the Building Department's inspectors will be familiarized with stormwater concerns and
procedures, as it is not cost effective to have a second inspector make separate stormwater visits to all
sites. H -K inspectors will inspect sites over one acre ( LWWPPP Threshold) and be available to make
inspections of sites below one acre if requested.
V. Public Agency
The Public Agency portion of the Stormwater Program essentially consists of 10 sub-
programs that cover specific activities that may be conducted by a City. H -K shall
perform the following activities:
A. Review the current status of the various Public Agency Program areas, which
may include:
Sewage System Operations,
Public Construction Activities,
Vehicle Maintenance/ Materials Facilities Management,
Landscape and Recreational Facilities Management,
Storm Drain Operation and Management,
Streets and Roads Maintenance,
Parking Facilities Management,
Public Industrial Activities,
Emergency Procedures,
Dry Weather Diversions.
The city will be responsible for reporting the amount of trash and debris
collected from catch basins. Any catch basin(s) filled to 40% will require more
frequent cleazung.
H -K will assist the City in prioritizing the streets in regards to street sweeping.
Any streets generating a high volume of litter will need to be swept twice per
month.
B. Review and assist with updating the City's "Public Agency Activities'
procedures. Review existing guidelines and recommend appropriate
procedures for operation of the various program elements.
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C. Employee training sessions for appropriate Public Works personnel will be
held.
D. Staff will assist the City in developing methods to upgrade program operating
procedures based upon the findings of annual reviews.
VI. Industrial and Commercial Inspections
The Municipal Permit requires that existing and new businesses in certain industrial
categories be visited on a regular basis in order to educate the owners and employees
about stormwater concerns and inspect for potential stormwater problems.
A. HKA will perform stormwater inspections at approximately 65 restaurants and
110 commercial / industrial facilities within the City based on the existing list
(wluch will be updated on an annual basis). (Phase I and selected SUSMP
facilities may require an additional BMP implementation plan review cost if
necessitated by future regulatory mandates).
Violation follow -up will be conducted via the ICID program.
VII. Public Outreach
Educating the public about stormwater pollution and prevention methods is vital to the
success of the overall program and to the reduction of pollution in general. H -K has
experience in designing and organizing Public Outreach Programs for a number of
cities in Los Angeles County. These programs have included the development of public
service announcements, creation of outreach campaigns to local businesses, performing
presentations at local schools and public events, design and production of promotional
items, etc. A summary of the storm water outreach campaign is attached. It is
anticipated that some additional projects can be funded in cooperation with the Used
Oil Department.
Outside Vendor Costs
We estimate vendor costs for production and distribution of brochures, pamphlets, PSAs, promotional
items, etc. to be approximately $2,500, which should be budgeted separately.
VIII. Total Maximum Daily Loads (TMDLs)
Various TMDLs are scheduled to be implemented throughout the coming permit
period.
A. At this time, the Los Angeles TMDL is in the development stage at the Regional
Board. Final approval can be expected by the end of the fiscal year. However,
preparation for implementation should begin during 2002 -03. The
recommended budgetary amount for this period is $7,500 but this is subject to
change and is dependent upon final EPA action.
Other TMDL are expected to be issued by the Board for the upcoming year and
H -K will keep the city informed of their potential impact, but implementation is
not expected to be required until future fiscal years.
IX. Industrial Waste Services
The discharge of wastewater from businesses can damage sewers and cause
environmental pollution if not properly managed. The discharge of
wastewater from restaurants often causes sewer stoppages, which in the best
circumstance results in the overflow of raw sewage to the street. In the worse
case, it can cause the sewage to back up into other businesses and even into
homes.
Wastewater containing heavy salt or sediment loads can also cause blockages
and occasionally permanently damage the sewer system beyond repair. The
discharge of flammable oils and other light hydrocarbons has occasionally
caused explosions over widespread areas of cities.
Approximately 50 cities in Los Angeles County have implemented an
Industrial Waste Discharge Program to reduce the likelihood of blockage or
damage to the sanitary sewer system. This program includes:
1. Legal authority
2. Inspections
3. Investigations
4. Violation corrections
5. Permitting and plan checking
6. Annual fees to offset program costs
This program supplements the Los Angeles County Sanitation Districts'
program, which does not involve inspections of restaurant grease traps nor
the protection of locally owned lines.
Several requirements of the NPDES Storm Water Program can be combined
with essentially identical elements of this program, resulting in a substantial
reduction in overall costs to the city.
Legal Authority
The City has previously adopted an Industrial Waste ordinance patterned
after, the Los Angeles County Industrial Waste Ordinance (Chapter 20.36).
This ordinance identifies business categories to be affected, sets standards,
operating procedures and fees for the administration of the Industrial Waste
Program. Under this ordinance:
1. The discharge of offensive and damaging substances is prohibited.
2. Discharge permits are required of businesses that will be discharging
significant quantities of wastewater. Ninety -four business types (list
attached) are identified by the ordinance.
3. The numbers of inspections that are made at each business are based on
the type of activity occurring at each specific location. For example,
restaurants are inspected once each year, car washes are inspected three
times per year.
4. Conditions that constitute a violation of the ordinance are identified as
well as a correction protocol.
Fees are assessed on a sliding scale based upon the historical likelihood of
sewer blockages from a specific business type. Fees automatically increase
every year based upon the consumer price index
Inspections
To reduce the likelihood of sewer blockages resulting from the discharge of
inadequately treated wastewater from businesses, annual inspections are
made of all business in the categories established by the ordinance.
The typical frequency of inspections range from once per year for restaurants
and service stations and three times per year for truck repair facilities with
steam cleaning and car washes.
The inspections are primarily focused on employee education and the proper
operation of any existing pretreatment systems, commonly referred to as
grease traps or clarifiers.
Standard inspection protocol? (On -site time is 15 to 30 minutes)
1. Inspectors have received 40 -hour OSHA hazardous waste training.
2. Identification cards are worn at all times.
3. If the business owner or manger is not available, a return inspection will
be made.
4. Restaurant inspections are not scheduled between 11:30 and 1:30.
5. It is the owner's responsibility to open the pretreatment system for
inspection.
6. The discharge is checked for acids, caustics, oils, and sludge.
7. If there has been a history of improper waste handling including spillage,
a brief walk through of the facility is made.
The results of the inspection are discussed with business personnel. No
notices of violations are issued in the field. Potential violations are reported
to the Director of Public Works.
Investigations
Complaints from citizens, City personnel or other sources, regarding
improper waste disposal practices will be investigated and a report of each
incident sent to the Director of Public Services.
Incidents such as sewer blockages, or areas observed by City personnel to
require increased sewer maintenance will also be investigated.
The primary goals of the investigations are to:
1. Ensure adequate clean -up of the spill or discharge, and
To reduce program costs, Industrial Waste inspections are combined with Storm Water Site Visits
where possible.
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2. To work together with business to avoid a reoccurrence of the incident.
The investigation will, where possible:
Identify the responsible party,
The location of the spill or blockage,
The types of materials involved, and
The cause of the incident
Names and addresses of witnesses are also recorded in the event that the City
undertakes legal or cost recovery measures. Due to the nature of these
incidents, the Director of Public Services typically sends Notices of Violation
to the responsible party within one week.
Samples will be collected as appropriate following EPA SW -846 collection
protocol. Laboratories certified by the State of California will perform all
analyses.
Violation Corrections
When conditions are observed during inspections that constitute a violation,
three primary actions are typically taken.
1. The conditions are verbally discussed with the business personnel,
2. A brief report is made to the Director of Public Services, and
3. The Director sends a follow -up Notice of Violation to the business.
In the majority of instances, this is sufficient to correct the condition.
Occasionally, additional action is required. If the violation is not corrected by
the deadline of the first letter, then up to two additional letters are sent to the
business. If the conditions remain uncorrected, the case is forwarded to the
City's Code Enforcement Division or City Attorney and handled in a manner
similar with standard code enforcement procedures.
Violations may be prosecuted as misdemeanors.
Permit and Plan Review
When new businesses, or existing businesses undergoing extensive
modification, submit plans to the Building Department, the plans are
reviewed for compliance with the Industrial Waste Ordinance. Those
businesses that will be discharging significant amounts of wastewater will be
required to complete an "Industrial Waste Discharge Permit" application.
The application and any associated plans and supporting information are
reviewed for:
Discharge rates into the sewer
Pretreatment retention times and capacity
Types of materials being discharge
Spill Containment
Any deficiencies on the submittal will be noted on a plan check review sheet
and returned to the applicant for correction and submittal.
During the inspections, businesses will often be encountered with little or no
pretreatment capability. This is typical of restaurants that have not installed
grease traps or auto service facilities that are washing cars. In the case of auto
service facilities, they are asked to either stop washing cars or install a sand or
grease clarifier.
Restaurants will be required to install a grease trap if they have caused a
sewer blockage or if they are in high -risk areas such as:
Seating capacity greater than 150,
The sewer line is unusually shallow, less than 0.40 %,
The sewer line is less than 8 inches in diameter, or
There is less than 150 feet of upstream sewer.
The minimum permitted size of grease trap is 750 gallons, although smaller
sizes (down to 50 pound capacity) may be permitted for retrofitted.
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EXHIBIT "B"
SCHEDULE OF SERVICES
NOT APPLICABLE
ME
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EXHIBIT" C"
C"
COMPENSATION
ATTACHED
C -1
STANDARD RATE SCHEDULE
Principal $150 /hr
Senior Project Manager $120 /hr
Project Manager $100 /hr
Project Engineer $85 /hr
Inspector/ Project Technician $65 /hr
Laborer (OSHA 40hr certified) $45 /hr
State Certified Laboratory Analysis Cost + 15%
Inspection program services TBA
Legal Consultation, Court Appearances, $150 /hr
Document Review, etc.
24 -hr industrial wastewater composite sampling (including setup) $125/ location
24-hr ambient air sampling
$50 /day
Sewer capacity monitor (excluding set up)
$1,250 /week
Specific chemical air monitor
$40 /day
Photoionization /Flame ionization detector
$50/ day
Combustible gas monitor
$50 /day
Shallow soil or sludge sampling equipment
$35/ day
Subcontracted equipment
Cost + 15%
For Weekends, Holidays or evenings add 50 %to listed price
Prices effective as of January 1, 2002
E
Task
EY 2002'03
,
Program Management,
$4,600
Program Development,
$1,800
Budgeting and Reporting
$3,200
Illicit Connections/Discharges
$5,000
Development Planning
$5,600
Development Construction
$3,750
Public Agency
$5,300
Public Outreach
General Public
$7,800
Business Community
$5,600
Schools and public presentations)
$4,000
TMDL Specific Outreach
$2,600
Public Employees (training)
included
Industrial Commercial Inspections
Restaurants
$2,275
Non -food facilities
$5,500
TMDL (budgetary estimate)
$7,500
Industrial Waste Services
27,275
Cost reduction for combining both IW and
<$17,800>
NPDES programs
Estimated Cost to City
$74,000
Industrial Waste Inspection Fee revenue is expected to be approximately $18,000
APR 17 2003 11:15AM MSELL INSURANCE SERVICE 5493 6508 p.2
re �r s OF iI — 15641E?M7I1
aar�7n7Ba:
P CER r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
BISSELL INSURANCE SERVICES CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE
1052? HUMBOLY STREET! PO BOX 1744 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE. AFFORDED BY THE
LO$ ALAMITOS, CA 80720-2378 POLICIES BELOW.
(582) a93�670
FAX (582) 493.6505 COMPANIES AFFORDING COVERAGE
COMPANY
A ASSURANCE COMPANY OF AMERICA
HUNTER - KENNEDY & ASSOCIATES, INC. COMPANY
6 ASSURANCE COMPANY OF AMERICA
C
13310 FIRESTONE STEA -2 O ---
SANTA FE SPRINGS, CA 90670 COMPANY
D
I -TC.
_
,OOONERA3f y
D TV ?C OF INSURANCE
I'R
POLICVNUM8ER
POLICY EFFECTIVE
DATE IMMIDDl )
POLICY EXPIRATION
DATE(MMIDONY)
LIMITS T
GENERAL LIABILITY
";�.IICOMMERCIAL GENERAL LIABILITY .I
! ClASd9 MADE OCCUR.
A' OWNER'S & CONTRACTOR'S PROT,
j f
PA335816487
SEP 1102
SEP 11 03
GENERALAGGTEGATE
s 2,000,000
PRODUCTB•COMPIOP AGG.
PERSDNAL & AOV INJURY
7 2,000,000
S 11000,000
EACH OCCURRENCE
$ 1,000,000
FFE DAMAGE(my One Fire)
{- 10x0.000
ME6. ERPEIJ AY AL PerW Y
{ I V'000
- AUTOMOEILE
X
I
B
LIABILITY
ANYAUTO
ALL OYNED AUTOS
SCHEDULED AUTOS
HIREDAUTOS
NOWOWNED AUTOS
PAS38815487
SEP 11 02
SEP 11 03
COMBINED$INGLE LIMB
{1,000,000CSL
BODILYfNIURY
iF'.r wnoi)
C
BODILY INJURY
(Per Acddwn )
s
PROPERTY DAMAGE
GARAGE LIABILITY
�ANYAU'O
—
aurooNLr- EAACaDENr
E
EACH ACCOEnT
5
AOORCOATE
S
Y
3
A UMBRELLA FORM
oTXERTHAN UMBRELLA FORM
PA538818487
SEP 1102
SEP 1103
EAGHOCCURRENCE
$ 2,000,000
A00REOATE
$000,
WORKER'S COMPENSATION AND
EMPLOYERS'LIABILITY
THIEPAIIRIIIIIIInO NCL
OFFIFICES REECI IV IEXCL
_
sTA'UTURYLIMITS
EACH ACCIDENT
O19EA9EFOLICY LIMIT
is
EISEASE E4CH EMPLOVBB
l9
OTHER
_
VESCRIPIIVN VI UPtKM 11ON9 /LOGNTIVrvYVGN,.Leararcun�uena
CITY OF ARCADIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS
ADDITIONAL INSURED AS RESPECTS WORK PERFORMED BY THE NAMED INSURED.
CITY OF ARCADIA EXPIRATION DATETXEREOF, THE 1$9UING COMPAN/WILLENDEAVOR TO MAIL 10
ATTN; CITY CLERKS OFFICE DAYS WAITENI NOTICE TO THE DERTiFICAYS HOLDER NAMED TO THE LEFT BUT
FAILURE TO MAIL SUCH NOTICE$HALL IMPOSE NO O99LITpATION CR LIABILITY OF
240 W. HUNTINGTON DR. ANY KIND UPON THE COMPANY, ITS AGENTS OR RCP CC
P.O. BOX 60021
ARCADIA, CA. 81066 -6021Y
APR 17 2003 11:15AM SELL INSURANCE SERVICE 50493 6508 P.3
POLICY NUMBER: PAS36816487 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - - -- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organisation:
CITY OF ARCADIA
ATTN: CITY CLERKS OFFICE
240 W. HUNTINGTON DR.
P.O. BOX 60021
ARCADIA, CA. 91066.6021
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) Is amended to include as an Insured the person or organization shown In the
Schedule as an Insured but only with respect to liability arising out of your operations or premises owned by or
ranted to you.
CITY OF ARCADIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS
Copyright, Insurance Services Office, Inc. 1984
RPR 17 2003 11: 15RM HELL IMSURRMCE SERVICE 56093 6509
POLICYNUMBER: PAS36816497 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - - -- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
Name of Person or Organization:
CITY OF ARCADIA
ATTN: CITY CLERKS OFFICE
240 W. HUNTINGTON DR.
P.O. BOX 60021
ARCADIA, CA. 81066 -6021
WHO 19 AN INSURED (Section II) Is amended to Include as an Insured the person or organization shown In the
Schedule as an Insured but only with respect to liability arlsing out of the ownership, maintenance, or use of a
covered "auto ".
CITY OF ARCADIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS
Copyright, Insurance Services Mee, Inc, 1984
p.4
AWL
-CORD,. CERTIFICA OF LIABILITY INSURA
-�
DATE(MMIDDW)
02/26/2003
PRODUCER
Stephens and Long
6037 Geary Blvd
San Francisco CA 94121
415-221-2716
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED. Hunter - Kennedy Associates
13310 Firestone Blvd., Suite A -2
Santa Fe Springs,CA 90607
562 - 802 -7880
INSURER A: Gulf Underwriters Insurance
INSURER 8:
wsuRER C:
wsuRER D:
NSURERE.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
R
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
TE IDD
POLICY EXPIRATION
DATE fMMiDDffYI
LIMITS
CA 91066
GENERAL LIABILITY
REPRESENTATIVES.
EACH OCCURRENCE
$
FIRE DAMAGE (Any one fire)
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑ OCCUR
MED EXP (Any one person)
$
PERSONAL 8 ADV INJURY
$
GENERAL AGGREGATE
$
GEN L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMPIOP AGG
$
POLICY PRO- LOD
JECT
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
BO INJURY
son)
(Par r person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY accident)
(Per accitlent)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
AUTO ONLY- EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY AGO
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
8
DEDUCTIBLE
8
RETENTION $
- -
WORKERS COMPENSATION AND - � - -
- - -
TWO STATU- OTH-
TORY LIMITS -E3-
EMPLOYERS'LIABILITY
E . EACH ACCIDENT
$
E.L. DISEASE- EA EMPLOYEE
$
E L DISEASE- POLICY LIMIT
I $
OTHER Profess.
Claims Made Form
A
Liability incl
GU 2835809
08/05/01
08/05/03
$1,000,000 each claim
Pollution
$2,000,000 aggregate
DESCRIPTION OF OPERATIONS lLOCAMONSNEHICLESIEXCLUNONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Re all operations performed by the named insured. City of Arcadia is included
as additional insured.
CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION
ACORD 25 -S (7197)
0ACOR5 CORPORATION 1988
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City
Of Arcadia
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
11800
Goldring Road
NOTICE TO THE CERTIFICATE HOLDER NAMED TD THE T, BUT FAILURETO DO $0 SHALL
Arcadia,
CA 91066
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN N THE IN RER.I AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Attn: Susannah Turney
ACORD 25 -S (7197)
0ACOR5 CORPORATION 1988
CERTIFICATE HOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
FEBRUARY 26, 2003 GROUP:
POLICY NUMBER: 1113148-2003
CERTIFICATE 10: 74
.':CERTIFICATE EXPIRES: 01 -01 -2004
01 -01- 2003/01 -01 -2004
CITY OF ARCADIA
11800 GOLDRING ROAD.
ARCADIA CA 91066
ATTN: SUSANNAH TURNEY
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend; extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions, and conditions, of such policies.
T���fZgpi'�
AUTHORIZED REPRESENTATIVE
A(,, e. D�
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -2003 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
HUNTER KENNEDY AND ASSOCIATES,INC
13310 FIRESTONE BLVD STE A2
SANTA FE SPGS CA 90670
SCIF 10265 rEPF -U1: GM 1
C;4- C(.Fp2Y,-
ORIGINAL
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1.A PARTIES AND DATE. 2
This Agreement is made and entered into this 3(d day of 201 by
and between the City of Arcadia, a municipal organization organized and & the laws of the State
of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 -6021 ( "City ") and John L. Hunter and Associates, Inc., a Corporation with its
principal place of business at 13310 Firestone Blvd., A -2, Santa Fe Springs, CA 90670
( "Consultant "). City and Consultant are sometimes individually referred to as "Parry" and
collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Engineering Services for
the Administration and Monitoring of the Municipal Stormwater NPDES and Industrial Waste
Program Services to public clients, is licensed in the State of California, and is familiar with the
plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Administration and
Monitoring of the Muncipal Stormwater NPDES and Industrial Waste Program project
( "Project ") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 . General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Engineering Consulting services
necessary for the Project ( "Services "). The Services are more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2001 to June 30,
2002, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
RVPUBWG057188
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement. Upon request of City, Consultant shall provide
a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who. fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: John L. Hunter, P.E., California Registered Environmental Assessor.
RVPUWNGS \557188
2
3.2.5 City's Representative. The City hereby designates Pat Malloy, Public
Works Services Director, or his or her designee, to act as its representative for the performance
of this Agreement ( "City's Representative "). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates John L.
Hunter, or his or her designee, to act as its representative for the performance of this Agreement
( "Consultant's Representative "). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub - consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal /OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
RVPUB \NGS\557I88
3
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
RVPUB \NGS \557188
4
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage_ excess of the Consultant's scheduled underlying
coverage. Any insurance or self - insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the .City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self - insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self - insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
RVPUB \NGS \557188
5
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed EIGHTY -FIVE THOUSAND DOLLARS AND NO CENTS ($85,000.00)
without written approval of City's Public Works Services Director. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner
set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
RVPU13\NCS\557188
RVPUB\NCS \557188
9
7
0 0
Consultant:
City:
JOHN L. HUNTER AND ASSOCIATES, INC.
JOHN L. HUNTER, P.E.
13310 FIRESTONE BLVD., A -2
SANTA FE SPRINGS, CA 90670
CITY OF ARCADIA
PUBLIC WORKS SERVICES DEPARTMENT
PAT MALLOY, PUBLIC WORKS SERVICES DIRECTCOR
240 WEST HUNTINGTON DRIVE
ARCADIA, CA 91066 -6021
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ( "Documents & Data"). Consultant shall require
all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
RVPUB \NGS \557188
8
• •
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this 'Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses. Consultant shall
defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant
shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for
any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5. 10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns.
successors and assigns of the parties.
RVPUB \NGSM?188
9
This Agreement shall be binding on the
0 0
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
RVPURWGS1557188
10
• i
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non - discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Parry
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF ARCADIA
By. _ 1 �>� 118( By
William R. Kelly
City Manager
ATTEST:
i
C' C erk
APPROVED AS TO FORM.
Steph n P. Deitsch, City Attorney
RVPUWNG81557188
11
JOHN L. HUNTER AND ASSOC., INC.
L4 &I �i
Jot f. Hunter, P.E.
Cgh f. Registered Environmental Assessor
EXHIBIT "A"
SCOPE OF SERVICES
[INSERT SCOPE]
RVPUB\NGS \557188
A -1
Proposal for Environmental Services Best Management Practices
City of Arcadia April 24, 2001
FY July 1, 2001 through June 30, 2002
CONSULTANT SHALL PROVIDE THE FOLLOWING SERVICES:
I. Program Management
JLHA will assist the City in the development of guidelines and procedures to be used to
implement various municipal stormwater BMP's. Typical Program Management and
oversight activities will include, but are not limited to, the following:
A. Provide staff to attend and report on the actions of the various Watershed
Management Committees, the Executive Advisory Committee and other
subcommittees. JLHA provides a monthly newsletter which summarizes
pertinent meetings, regulatory actions and deadlines. Semi - monthly meetings
with the City will be scheduled to discuss pertinent issues.
B. Keep the city informed of the development of the NPDES permit, which is
scheduled to be implemented in July 2001. Review proposed changes and
modifications to the model programs which would affect future
implementation plans.
C. Prepare a summation report, which will include information pertinent to the
Annual Implementation. Report requested by the County for eventual
submittal to the State by October of each year.
II. Illicit Connections/Discharges
The ICID program is an essential part of the overall Stormwater Program, effectively
combining some functions from the Public Agency, Development, and Public Education
functions. An ICID program takes information collected from myriad sources, and uses
that information to investigate potential illicit connections and illicit discharges
throughout the City. The proposed ICID program will consist of the following:
A. Trained JLHA staff will conduct quarterly "dry weather" inspections of the
City. These are conducted in random areas of the City, and are used to obtain
information about potential illicit discharges and connections and to locate
sites that may require further investigation. These inspections are also used to
investigate the apparent overall effectiveness of the City 's stormwater
program (i.e. is there trash visible in the street, which areas require more
frequent cleaning or sweeping, etc.).
B. During each quarter, if a significant amount of rainfall occurs, a "wet-
_1_
Proposal for Environmental Services • Best Management Practices
City of Arcadia April 24, 2001
FY July 1, 2001 through June 30, 2002
weather" inspection will be performed. This is essentially the same as a "dry -
weather" inspection, but also investigates the status of the City storm
drainage system (i.e. are there areas where storm drains are blocked and why,
are there areas that appear to be carrying more trash in the runoff, etc.).
C. JLHA personnel will be available to perform ICID investigations and required
follow -up inspections in response to citizen or City complaints, or
observations of violations of the City Stormwater Ordinance and Municipal
Permit. Since each investigation varies based on the complexity of the
situation encountered, this service will be provided on a time and materials
basis per the attached rate schedule.
D. JLHA staff will be available to assist the City in preparation of formal
enforcement action, if needed, for discharges failing to correct significant
violations. This service will be provided on a time and materials basis per the
attached rate schedule.
E. Training in the elements of the ICID program will be provided to appropriate
City personnel during the Public Agency training sessions.
F. Revise Ordinance to provide additional authority as required by the NPDES
Permit.
G. Conduct Follow -up inspections with violations found under the Industrial
and Commercial inspection and Site Visit Program (Section V).
H. Design a program to screen priority areas for illicit connections and inspection
of open channels. Send County copies of Illicit Connection investigation
reports for use in their management tracking system.
III. Development Planning and Development Construction
The heart of this portion of the stormwater program hinges on two items: 1) New and
redevelopment projects must often address stormwater concerns prior to construction,
and 2) Construction activities should are conducted in such a way as to reduce or
eliminate pollution that might be generated during the construction process. JLHA
personnel will provide the following:
A. JLHA will conduct a follow -up training session with Planning, Building and
Code Enforcement Department personnel. The training will focus on
processing applications with potential stormwater impacts, including
-2-
Proposal for Environmental Services Best Management Practices
City of Arcadia April 24, 2001
FY July 1, 2001 through June 30, 2002
stormwater concerns in building inspections, and SUSMP requirements.
B. JLHA staff will be available to assist city staff with questions regarding the
ongoing implementation of the Municipal Permit requirements.
C. JLHA staff will be available to perform plan checks (storm water pollution
prevention plans and standard urban stormwater mitigation plans) for storm
water concerns. This item will be performed on a time and materials basis per
the attached rate schedule.
D. JLHA will update the "Building Better Stormwater Quality" and "Improving
Stormwater Quality by Design" guidebooks for developers regarding the
SUSMP and SWPPP process.
E. JLHA staff will be available to perform on -site NPDES inspections of major
building /planning department projects for storm water concerns. This item
will be performed on a time and materials basis per the attached rate
schedule.
F. On a bi- annual basis, JLHA personnel will conduct a review of the current
status of the Building and Planning departments for reporting purposes.
G. Prepare guidelines for maintenance agreements and transfer of sites with
structural stormwater BMPs.
H. Provide sample text for updating General Plan to include stormwater
concerns.
I. Update CEQA checklist.
J. Support the County's effort to develop a technical manual for developers.
K. Update LSWPPP guidelines, including revised statements of responsibility by
the project owner and engineer of record.
L. Prepare for the lowering of the SWPPP threshold from the current 2 acres to 1
acre.
-3-
Proposal for Environmental Services • Best Management Practices
City of Arcadia April 24, 2001
FY July 1, 2001 through June 30, 2002
IV. Public Agency
The Public Agency portion of the stormwater program essentially consists of 10 sub-
programs that cover specific activities that may be conducted by a City. JLHA shall
perform the following activities:
A. On a bi- annual basis, JLHA personnel will conduct a review of the current
status of the various Public Agency program areas, which include:
Sewage System Operations,
Public Construction Activities,
Vehicle Maintenance /Materials Facilities Management,
Landscape and Recreational Facilities Management,
Storm Drain Operation and Management,
Streets and Roads Maintenance,
Parking Facilities Management,
Public Industrial Activities,
Emergency Procedures,
Dry Weather Diversions.
B. JLHA will update the City's "Public Agency Activities ". manual. The manual
will contain guidelines for operation of the various program elements.
C. An employee training session for appropriate Public Works personnel will be
held.
D. JLHA will assist the City in development of methods to upgrade program
operating procedures based upon the findings of the quarterly and annual
reviews.
V Industrial and Commercial Inspections (formerly Site Educational Visits)
The Municipal Permit requires that existing and new businesses in certain industrial
categories be visited on a regular basis in order to educate the owners and employees
about stormwater concerns and inspect for potential stormwater problems.
4-
Proposal for Environmental Services • Best Management Practices
City of Arcadia April 24, 2001
FY July 1, 2001 through June 30, 2002
A. JLHA will perform stormwater inspections at approximately 42 businesses
within the City based on the existing list (which will be updated on an annual
basis). $34 for food service sites, $50 for industrial sites. (Phase I and selected
SUSMP facilities may require an additional BMP implementation plan review
cost if necessitated by future regulatory mandates). Los Angeles County has
reimbursed this item in the past.
Violation follow -up will be conducted via the ICID program.
VI. Public Outreach
Educating the public about stormwater pollution and prevention methods is vital to the
success of the overall program and to the reduction of pollution in general. JLHA has
experience in designing and organizing Public Outreach programs for a number of
cities in Los Angeles County. These programs have included the development of public
service announcements, creation of outreach campaigns to local businesses, performing
presentations at local schools and public events, design and production of promotional
items, etc. A summary of the "Rain Drops Everything into the Ocean" campaign is
attached.
Outside Vendor costs
We estimate vendor costs for production and distribution of brochures, pamphlets, PSAs,
promotional items etc. to be approximately $6,000. JLHA will coordinate this task, but unless
specifically requested, these costs will be billed directly to the City by the vendor and as such
are outside of the scope of this proposal, but should be budgeted for.
VII. Total Maximum Daily Loads (TMDLs)
Various TMDLs are scheduled to be implemented throughout the coming permit
period.
A. JLHA will participate with the catch basin cleaning and sorting contractor and
continue to review the City's land use areas, storm drain system, and upcoming
TMDLs for the City to develop a coherent strategy over the upcoming years.
Also anticipated is the development of a program to determine the "daily
generation rate" for the trash TMDL. The scope of work and costs will be
dependent upon the Regional Board's implementation schedule, which is
subject to change.
.5-
EXHIBIT "B"
COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
RVPUBWGS \557188
C -1
STANDARD RATE SCHEDULE
Principle / Senior Engineer $120 /hr
Supervising Engineer /Project.N an ger /Geologist $100 /hr
Project Engineer $85 /hr
Project Technician $65 /hr
Laborer (OSHA 40hr certified) $37 /hr
State Certified Laboratory Analysis
Cost + 15%
Inspection program services
TBA
Legal Consultation, Court Appearances,
$150 /hr
Document Review, etc.
24-hr industrial wastewater composite sampling (including setup)
$125 /location
24-hr ambient air sampling
$50 /day
Sewer capacity monitor (excluding set up)
$1,250 /week
Specific chemical air monitor
$40 /day
Photoionization /Flame ionization detector
$50 /day
Combustible gas monitor
$50 /day
Shallow soil or sludge sampling equipment
$35 /day
Subcontracted equipment
Cost + 15%
For Weekends, Holidays or evenings add 501/oto listed price
Prices effective as of,January 1, 2000
IXCIY "I.Ir!I,I,HTI CS:?Y[7 1_IVJUWIVI.0
BISSELL INSURANCE SERVICES CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
10523 HUMBOLT STREET / PO BOX 1744 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
LOS ALAMITOS, CA 90720 -2378 POLICIES BELOW.
(562) 493 -6670
FAX (562) 493 -6508 COMPANIES AFFORDING COVERAGE
A ZURICH INSURANCE COMPANY
INSURED COMPANY
JOHN HUNTER & ASSOCIATES B ZURICH INSURANCE COMPANY
COMPANY
13310 FIRESTONE STE A -2 C
SANTA FE SPRINGS, CA 90670 I COMPANY
I D
MAY
O
TRI TYPE OF INSURANCE
POLICY NUMBER
POLICYEFFECTI'JE
DATE (MM /DDNY)
POLICY EXPIRATION
DATE (MMIDDNYI
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE I A I OCCUR.
A OWNER'S& CONTRACTOR'S PROT.
_
PAS36816487
SEP 1100
SEP 1101
GENERAL AGGREGATE
S 2,000,000
PRODUCTS - COMP /OP AGG.
S 2,000,000
PERSONAL &ADV INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE(Any One Fire)
$ 100,000
MED. EXPENSE(Any One Person )
$ 10,000
AUTOMOBILE
X
B
j X
I
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIREDAUTOS'i
NON -OWNED AUTOS
PAS36816487
SEP 11 00
SEP 11 01
COMBINED SINGLE LIMIT
S 1,000,000CSL
BODILY INJURY
(Per Person)
S
BODILY INJURY
(Per Accident)
$
PROPERTY DAMAGE
S
GARAGE LIABILITY
AUTO
fH NVOTHER
AUTO ONLY - EA ACCIDENT
S
THAN AUTO ONLY:
EAC ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
A UMBRELLA FORM
OTHER THAN UMBRELLA FORM
PAS36816487
SEP 11 00
SEP 11 01
-
EACH OCCURRENCE
$ 2,000,000
(AGGREGATE
$ 2,000,000
STATUTORY LIMITS
EACH ACCIDENT
WORKER'S COMPENSATION AND'
EMPLOYERS' LIABILITY
THE PROPRIETOR/ INCL
PARTNERSIEXECUTIVE _
OFFICERS ARE: i, EXCL
$
DISEASE - POLICY LIMIT
$
I DISEASE -EACH EMPLOYEE
$
OTHER
�ca�nir nun �r �rnw i i�rvarw�n u�na:vcni��owarc�w� i i cma
ENGINEERING /ARCHITECTURAL CONSULTANT
CITY OF ARCADIA
PUBLIC WORKS SERVICES DEPARTMENT
ATTN: DENISE WEAVER, SR. ADMIN. ASST.
11800 GOLDRING RD.
P.O. BOX 60021
ARCADIA, CA. 91066 -6021
to
-, POLICY NUMBER: PAS3681
.MMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - - -- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF ARCADIA
PUBLIC WORKS SERVICES DEPARTMENT
ATTN: DENISE WEAVER, SR. ADMIN. ASST.
11800 GOLDRING RD.
P.O. BOX 60021
ARCADIA, CA. 91066 -6021
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
THE CITY OF ARCADIA, ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE
CONSIDERED ADDITIONAL INSUREDS.
Copyright, Insurance Services Office, Inc. 1984
Ah
ACORD„ CERTIFICA OF LIABILITY INSURAN
DATE( Y
06/255// 2001
PRODUCER
Stephens and Lon
p g
6037 Geary Blvd
San Francisco CA 94121
415-221-2716
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED John L. Hunter & Associates, Inc.
13310 Firestone Blvd., Suite A -2
Santa Fe Springs, CA 90607
562 - 802-7880
INSURER A'. Gulf Underwriters Insurance
INSURER B.
INSURER C.
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POUCY NUMBER
POLICY 1ID& VE
POLICYEXPIRATION
LIMITS
AUTHORIZED REPRESENTATIVE
GENERALLIABILITY
EACH OCCURRENCE
$
FIRE DAMAGE (Any one fire)
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE F] OCCUR
MED UP (Any one personl
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'LAGGREGATE UMRAPPLIES PER
PRODUCTS - COMP /OP AGO
$
POLICY JET LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per Person)
$
ALL OWNED AUTOS
SCHEOULEDAUTOS
BODILY INJURY
(Per student)
$
HIRED AUTOS
NON- OWNEDAUTOS
PROPERTY DAMAGE
(Per accldantJ
$
GAR
AGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY'. AGG
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR F__] CLAIMS MADE
S
$
DEDUCTIBLE
$
RETENTION $
WORKERSCOMPENSATIONANO
WC - TH-
TORVSTATU
LIMITS OER
E EACH ACCIDENT
$
EMPLOYERS' LIABILITY
E. L. DISEASE -EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
OTHER Profess.
Claims Made Form
A
Liability incl
GU 0466930
08/05/99
08/05/01
$1,000,000 each claim
Pollution
$2,000,000 aggregate
DESCRIPTION OF OPER MONSILOCATIONSIVEHICLESMXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Re all operations performed by the named insured.
CE FICATO W01 IMPIi I I e i iusunarr iueuov. I PTTr:o CANCELLATION
ACORD 26S (7197) 6�r'" O ACC7CORPORATION 1988
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Arcardia
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Public Works Services Department
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FALURETO DO SO SHALL
Attn: Denise Weaver
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND PON THE INSURER, ITS AGENTS OR
11800 Goldring Road
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Arcadia, CA 91066 -6021
ACORD 26S (7197) 6�r'" O ACC7CORPORATION 1988
6 d -7b
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this day of Maah ,200
Jby
and between the City of Arcadia, a municipal organization organized under the laws of the State
of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 -6021 ( "City ") and John L. Hunter and Associates, Inc., a Corporation with its
principal place of business at 13310 Firestone Blvd., A -2, Santa Fe Springs, CA 90670
( "Consultant "). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Engineering Services for
the implementation of the Municipal Stormwater NPDES and Industrial Waste Program services
to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Implementation of the
Municipal Stormwater NPDES and Industrial Waste Program project ( "Project') as set forth in
this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Engineering Consulting services
necessary for the Project ( "Services "). The Services are more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from May 1, 2000 to June 30,
2001, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
RVPUMNGS \557188
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing.the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement. Upon request of City, Consultant shall provide
a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: John L. Hunter, P.E., California Registered Environmental Assessor.
RVPUB\NC&557188
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3.2.5 City's Representative. The City hereby designates LeAnne Hamilton,
Assistant Engineer, or his or her designee, to act as its representative for the performance of this
Agreement ( "City's Representative "). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Consultant shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates John L.
Hunter, or his or her designee, to act as its representative for the performance of this Agreement
( "Consultant's Representative "). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub - consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal /OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
RVPUBWGs557188
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3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General. Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
RVPUBWGSM7188
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(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self - insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self - insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self - insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
RVPUBWGS�557188
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3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed EIGHTY -FOUR THOUSAND TWO - HUNDRED FORTY DOLLARS AND
NO CENTS ($84,240.00) without written approval of City's Public Works Services Director.
Extra Work may be authorized, as described below, and if authorized, will be compensated at the
rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
RVPUBINGS1557188
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0
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
RVPQB \NGS\557188
7
Consultant:
City:
JOHN L. HUNTER AND ASSOCIATES, INC.
JOHN L. HUNTER, P.E.
13310 FIRESTONE BLVD., A -2
SANTA FE SPRINGS, CA 90670
CITY OF ARCADIA
PUBLIC WORKS SERVICES DEPARTMENT
LEANNE HAMILTON, ASSISTANT ENGINEER
240 WEST HUNTINGTON DRIVE
ARCADIA, CA 91066 -6021
Such notice shall be deemed made when personally delivered or when mailed, forty -eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement.creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require
all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data: Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared' by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
fumished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
RVPUH\NG5\557188
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the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses. Consultant shall
defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant
shall reimburse City, and its directors, officials, officers, employees, agents and/or volunteers,, for
any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns.
successors and assigns of the parties.
&VP178 \NGS \557188
This Agreement shall be binding on the
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity;. Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
RVPUB \NGS\557188
10
i
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non - discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF ARCADIA
By: &Id By:
William R. Kelly
City Manager
ATTEST:
2., -- e '
ty Clerk
APPROVED -AS TO FORM.-
ON
Stephen P. Deitsch, City Attorney
RveuewGS�557188
11
JOHN L. HUNTER AND ASSOC., INC.
J n L. Hunter, P.E.
C if. Registered Environmental Assessor
CERTIFICATE OF INSU CE ISSUE DATE
03/14/2001
PRODUCtR Celt# 238 THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND
BISSELL INSURANCE SERVICES CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
10523 HUMBOLT STREET I PO BOX 1744 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
LOS ALAMITOS, CA 90720 -2378 POLICIES BELOW.
(562) 493 -6670
FAX (562) 493 -6508 COMPANIES AFFORDING COVERAGE
INSURED,...
JOHN HUNTER & ASSOCIATES
13310 FIRESTONE STE A -2
SANTA FE SPRINGS, CA 90670
COMPANY
A ZURICH INSURANCE COMPANY
COMPANY
B ZURICH INSURANCE COMPANY
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
'0 TYPE OF INSURANCE
TR
POLICY NUMBER
POLICY EFFECTIVE
DATE (MIWODIYY)
POLICY EXPIRATION
DATE (MMIDDM')
LIMITS
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE � OCCUR.
=OWNER'S ER'S& CONTRACTOR'S PROT.
PAS36816487
SEP 1100
SEP 1101
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP /OP AGG.
S 2,000,000
PERSONAL & ADV INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE(Any One Fire)
$ 100,000
MED. EXPENSE(Any One Person
$ 10,000
AUTOMOBILE
,.
X
B X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
PAS36816487
SEP 1100
SEP 1101
COMBINED SINGLE LIMIT
$ 1,000,OOOCSL
BODILY INJURY
(Pei Person)
$
BODILY INJURY
(Per Accident)
$
PROPERTY DAMAGE
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY
EACH ACCIDENT
$
AGGREGATE
S
EXCESS LIABILITY
A UMBRELLA FORM
OTHER THAN UMBRELLA FORM
PAS36816487
SEP 11 00
SEP 11 D1
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2.000000
WORKER'S COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR! INCL
PARTNERS /EXECUTIVE
OFFICERS ARE: EXCL
STATUTORY LIMITS
EACH ACCIDENT
$
DISEASE- POLICY LIMIT
$
DISEASE -EACH EMPLOYEE
$
OTHER
DESCRIPTION OF OPERATIONSILOCATIONS NEHICLESISPECIAL ITEMS
CITY OF ARCADIA
CITY CLERKS OFFICE
240 W. HUNTINGTON DR.
P.O. BOX 60021
ARCADIA, CA. 91066 -6021
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY 1
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBI
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRI
AUTHORIZED REPRESENTATIVE
BEFORE THE
OR TO MAIL 10,
LIABILITY OF
POLICY NUMBER: PAS36
AIMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - - -- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF ARCADIA
CITY CLERKS OFFICE
240 W. HUNTINGTON DR.
P.O. BOX 60021
ARCADIA, CA. 91066 -6021
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
THE CITY OF ARCADIA, ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE
CONSIDERED ADDITIONAL INSUREDS.
Copyright, Insurance Services Office, Inc. 1984
EXHIBIT "A"
SCOPE OF SERVICES
[INSERT SCOPE]
RVPUBWGS\557188
A -1
13310
FIRESTONE BLVO. A
SANTA FE SPRINGS
CALIFORNIA
90670
(562) 802-7860
FAX (562) 802-2297
GENERAL
ENGINEERING
LICENSE
A-582340
HAZARDOUS
SUBSTANCE
REMEDIAMDN
LIC. 33132
noo
0
John L Hunter
AND ASSOCIATES,
f(
06 Services tol'A" Irirn le t
ater (NPDES) Progrrn
ipal
L. Hunter, P.E.
lifO !a RegisteredEnviror6niental Assessor
CO MP R E H E N S I V E E N V I R O N ME N T A L MA NA GE M ENT
110
ipal
L. Hunter, P.E.
lifO !a RegisteredEnviror6niental Assessor
CO MP R E H E N S I V E E N V I R O N ME N T A L MA NA GE M ENT
Proposal to Provide
NPDES Stormwater Services
The following proposal is to continue providing services to assist the City in the implementation of NPDES
permit requirements for the fourteen -month period beginning May 1, 2000 and continuing through the end
of the 2000 -2001 fiscal year (June 30, 2001).
This proposal is based upon the current NPDES permit and the associated model programs: (1) Illicit
Discharge and Connections, (2) Development Planning, (3) Development Construction, (4) Public Agency.
And (5) Public Outreach. Included within the Public Outreach program are "Educational Site visits" for many
businesses.
Program Management
a. Represent the City at the Los Angeles River Watershed Committee. Attend and report on the
NPDES Executive Advisory Committee. A monthly written update will be prepared which will
include a summary of pertinent meetings, regulatory actions and deadlines. ($2,200)
b. Participate in the NPDES program development including applicable subcommittees and
taskforces. Participate in and keep the city informed of the development of the next NPDES
permit which is scheduled to be implemented in July 2001. Review changes and modifications
to the model programs. ($3,000)
C. Prepare 2000 -01 budget and annual reports as required by the NPDES permit and submit to the
Regional Board via Los Angeles County by July 2000. ($2,800)
Illicit Connections /Discharges
a. Conduct dry weather surveillance and report observations. ($370)
b. Conduct wet weather surveillance and report observations. ($690)
,c. Review the existing public reporting and response system and recommend modifications
to promote, publicize and facilitate public reporting of illicit discharges and illicit disposal
practices. ($340)
d. Perform 6 [est.) illicit discharge investigations in response to complaints or observations
kof violations. ($2,040)
e. Perform an estimated 2 violation follow -ups per month. ($1,560)
Development Planning and Development Construction
a. Develop forms and conduct a training session with both Building and Planning for
implementation of the model programs. ($750)
b. Assist the planning and building departments throughout the year with implementation of their
respective programs to, maintain compliance with the NPDES permit and conduct an annual
review. ($1,600) and review up to four SWPPP or SUSMP submittals.
C. Provide guidelines for developers and contractors for the preparation of Standard Urban
Stormwater Mitigation Plans ( SWSMP) and Storm Water Pollution Prevention Plans. ($2,440)
/d. Provide permit recommended modifications of the CECA checklist and outline of general plan
changes. ($250)
e. Develop sample legal authority in accordance with the Standard Urban Stormwater Mitigation
Plan requiring developers to incorporate long term BMPs into their project design. (see caveat)
Caveat: In January 2000, the Regional Board adopted new SUSMP standards for the review of plans
submitted to the Planning Department. It is our understanding that the City of Arcadia is contesting the new
standards and that the SUSMPs standards as submitted by Los Angeles County in July 1999 are to be
followed. If the January 2000 standards are ultimately implemented during. the term of this proposal,
additional plan review and program development costs will occur. The actual cost is completely dependant
upon the number of plans submitted by the public. For budgetary purposes, $5,000 should be estimated.
d
Public Agency
a. Conduct mid -year and annual reviews of public agency activities and recommend
improvements ($3,520):
Sewage System Operations
Public Construction Activities
Vehicle Maintenance /Materials Facilities Management
Landscape and Recreational Facilities Management
Storm Drain Operation and Management (including preparation of storm drain location map
based upon existing City records
Streets and Roads Maintenance
` Parking Facilities Management
Public industrial Activities including a review of existing SWPPPs at City owned facilities
Emergency Procedures
b. Prepare a Public agency NPDES Manual which will include: ($3,330)
b1. Review current procedures and BMPs to prevent stormwater pollution from sewer system
operation.
b2. Generic public works specifications and NPDES guidance for reducing stormwater
pollution from public construction projects.
b3. BMPs for parks and recreational facilities for incorporating NPDES concerns into routine
maintenance activities.
b4. A review of current storm drain maintenance procedures and guidance for incorporating
BMPs into routine activities. (Based on easily accessible existing documentation).
b5. Included BMPs for reducing stormwater pollution from street and road maintenance.
b6. Guidance and procedures for reducing stormwater pollution from public parking facilities
management.
b7. A survey of existing emergency procedures and capabilities and prepare a NPDES
guidance document for incorporating BMPs into emergency responses.
C. Conduct 1 training session for Public Works staff. ($750)
r
d. Prepare Pollution Prevention Plan for the Police Department facility as required by the NPDES
Permit. ($900 [one site] )
a
e. Development of procedures to upgrade operating procedures based upon findings of the
quarterly and annual reviews. (est. $1,500)
Site Visits
a. Perform site visits at facilities in accordance with the Industrial- Commercial Education Program.
This entails visits to approximately 66 businesses involved in food handling and 108 other types
of businesses ($8,000). Los Angdes County will reimburse for the cost of this item: (note: May
and June 200051te visits are covered underan ex1st1nga),eemen0
b. Maintain the site visit database. (included)
C. Update and submit reports to the County as specified in the NPDE5-.Permit to achieve the
maximum available reimbursement. (included)
Trash and Litter
a. The Regional Board has issued two items regarding the discharge of trash and litter that are
outside the specific scope of the NPDES permit and model programs. These are the "Notice to
Meet and Confer" (NTMC) and the draft Trash TMDL. Meetings with the Regional Board will be
held in late April or May regarding the city's future involvement with the NTMC. The TMDL is in
draft stage and is not expected to be finalized until July 2000.
The NTMC may necessitate the preparation of a "Special Program Compliance Amendment
while the Trash TMDL may require baseline and monitoring studies. for initial budgetary
purposes, estimate $5,000.
Caveat: In July, the Regional Board is tentatively scheduled to adopt trash and litter standards
including Total Maximum Daily Loadings (TMDLs). Precise estimates of the scope of work cannot be
ascertained until the final standards are adopted. Potentially, the amount of trash and litter entering
10% of the catch basins in the city may need to be determined. An investigation to accomplish this
is estimated to cost $500 per catch basin with overall cost estimates of $30440,000. JLHA will be
available to assist the city in the event an investigation is required.
d
t
Public Outreach
The activities planned for the 2000 -2001 year will complete the requirements of the model program. We are
proposing to develop and implement campaigns and activities that will specifically target businesses and
residents helping Arcadia do its part to reduce storm water pollution. ($20,000)
Outside Vendor costs
We estimate vendor costs for production and distribution of brochures, pamphlets, PSAs, promotional items etc.
to be approximately $10,000. JLH will coordinate this task, but unless specifically requested, these costs will be
billed directly to the City by the vendor and as such are outside of the scope of this proposal, but should be
budgeted for.
Specific Tasks are described on the following pages.
t-
t
d
Arcadia Pubic Outreach Model Program Proposal 2000 -2001
Target Audience - General
Model
Task
Outreach Activity/Description
Program
Activity #
1
Supplement county media buys by funding buys in local media
1)Develop and Place Ad for City's Storm water Program. Ad will be
market
placed in an upcoming San Gabriel Valley Tribune Recycling Supplement
in Sept.
2)City has option of putting money towards County's Ad Campaign.
1
Write endorsement letters to radio stations and newspapers to
Write letters to local radio stations and newspapers encouraging, them to
extend plUinq of PSA's
extend the use of the county's PSA's.
2
Write thank you letters to local business to support and encourage
Develop a resident Point of Purchase campaign to reach residents using
the use of non - traditional advertising
the products or services of high risk businesses, i.e. businesses whose
product or service contributes to storm water pollution. Develop and and
distribute letters to local businesses asking for their participation and
support for city Point of Purchase program and any county programs.
2
Work with county to get non - traditional materials placed in local
Based on # of participating businesses in City's Point of Purchase
jurisdictions
program, develop city materials for distribution to public, along with
distribution of Coun materials.
'4.-.'n s".
W13-Al �."s':
Provide local media contacts to county
b �a „a,,R . 2
cvk�a
3.
Completed - This has already been completed for the City.
3
Use Guide to local media relations
We will keep up media relations through the use of releases and working
on story placement and consistently updating media Contacts and
learning what stories they are interested in.
3
Optional - contact local media through use of news, releases and
Will develop 2 -3 news releases to be distributed at different times of the
media updates
year. They will target residents and will focus on rain, tips to prevent
pollution and other topics. t
X`
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- k
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h'- ...:"A.
Play broadcast PSA on city news outlets or cable station, place
i
Currently we are developing a PSA and working on having it aired on a
4
PSA in city newsletter
local radio station - Arcadia would be included in this.
4
Endorsement Letters to newspaper to extend usage of PSA.
Develop and distribute letters to local newspapers to extend the use of
County and local sa's
Completed - Purchased posters and brochures throu h groupv pmtinq.
5
jObtain materials through group printing system
0
•
•
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}
We will search for partners i0 the community to assist in developing
6
Pursue any local partnerships with corporations, community or
A`
environmental associations, to assist in the distribution of storm
and /or distributing materials for the storm water program
water materials.
Use " ui le to local partnerships"
Will obtain a co from the coup
6
Support the countywide efforts with thank you letters to partners in
Once partners are established, we will develop is to send out to.
6
ro ram partners thanking them for their involvement
the local commune .
r. �...`ati'Y'AN
Modular Des la vurtdrze coun ide des la
& �Y�i.Tc Wi:
County hasn't roduced et
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7
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Work county and coordinate information and call handling
. ..v�
Completed - 1 -888 CleanLA was called and it was determined that the
8
with
between the county and co- permittees so the system is seamless.
county will refer residents to the proper number to call in the City
de ending on their question or concern.
." 5y
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_
N
meetings
We will use the internet and other means to locate local business.
9
Create database of potential local organizational
or anizations to develop a database.
schedule local speaking engagements
We will develop letters and distribute to local organizations offering them
9
a 30 minute presentation dunn one of their meetm s
4
�y
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+
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Will determine what local events are happening in the City and provide to
10
Local event input into countywide database
county.
the
Staff in if needed at local city events
Will determine if local or county events require city staff to attend
10
10
su port
Target local events and participate on a city-level
Will determine if local or count events require city staff to attend
•
r1
U
Arcadia Pubic Outreach Model Program Proposal 2000 -2001
Target Audience - Business
Model
Task
Notes
Program
Activity #
Distribute BMP's at local counters, workshops and
We will develop and provide BMP's to our Environmental Protection
1
educational site visits
Specialist for site visits.
1
Add city materials to packets - optional
A Business Guide to Storm Water Pollution. We will develop a guide that
produced
can be used during site visits, mailed to select businesses or distributed
through the city hall.
We will also continue to produce materials as the need arises to address
specific new of the program
777777775' ..., :" Un.
}eds
µ
S;
_- .
completed - These have already been developed for site visits
2
Purchase and distribute existin osters
2
Expand and develop own materials
Completed - These have already been developed for site visits. Additional
materials will be developed as needed
xA'an.3.3A Y° x.
..- L:.. .:,'''�'. t. ... .z. �L x,;r':.:. :2P- �,...:.� � .gal ✓ <. �&_.. 5. .`�n 's�M'
n-
Assist in publicizing workshops and encouraging
Information will be requested from County
3
participation among local businesses
3
Support the countywide partnerships through
Information will be requested on behalf of city and we will proceed once get
business/industry and public agency employee attendance
the information from county
9 ,. f, =3.r.. .'�z. �".»..'L:.t k .n•.. k. ii': -+sYr .:.,,`- s'xrx-we'v$.``�e.
, v
Identify business/trade organizations to partner with for
We will use the internet and other means to locate local business
4
ro rams and info distribution
local business events to participate in
or anizations.
By contacting the organizations we will determine what, if any events the
4
Identify appropriate
city can participate with or in to get the stormwater program message to
the business audience.
4
Support local and countywide business /trade association
Will provide events with Citytorm water information.
events with personal and local information
4
Provide media list of local trade organizations, newsletters,
Will research local media, trade organizations, newsletters to determine
which will be beneficial to the city and provide to county.
etc to county
4
{A "r ia
Use uide to local artnershi s
f "v:
~'_ '= wi 4
Will re uest guide from the Coun
ue
zaY�+:t
k _ {'.'e a� �ti ..'.
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ImOlement media relations activities
7 R,
M
Fu--7777�R_
supplement county media buys by funding additional buys
Write and distribute press rel ases targeting businesses that provide tips
and information on fines as needed.
M*-� T
W, K"
Can be combined with 6 eneral Activity 1.
5
6
in local market
Need to update city's web site to include stormwater information.
Will include Web-site information on BIVIP's and other materials produced
for city.
7
7
Put storm water information onto citv web-site
Provide web addresses to county news bureau
7
Promote the address of existing web-sit
Will include information on BMP's and other materials produced for city.
. ate channels
0 '�
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Mina e call handling with county
Completed - 1 -888 -CleanLA was called and it was determined that the
county will refer residents to the proper number to call in the City
7
de ending on their question or concern.
Promote 888-CLEANLA through as many channels as
ossible
Create a database of local organizational meetings
Completed - Phone number included on current educational site visit
materials.
-7,
We will use the internet and other means t o locate local business
or anizations and we will contact them to obtain information.
7
8
8
Schedule speakers for local businesses
We will develop letters and distribute to local organizations offering them a
30 minute storm water presentation during one of their meetings.
_
8
------ C
9
Noti county of meetings
777;�
22 E
ZVO
V
Notify county of funding resources
This task will be done as meetings are scheduled
URI
We will search for funding sources that the city or the county can use and
will fax the list to the Coun!y
0
•
Arcadia Pubic Outreach Model Program Proposal 2000 -2001
Target Audience - Schools
Model
Task
Outreach Activity /Description
Program
Activity #
1
Encourage local school districts to take advantage of school
School Presentations - Set up and conduct 2 -3
presenations
school presentations at a local elementary
schools.
a
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•
f I
Estimated Costs
Task
FY 2000 -01,
Program Management, Reporting 8? Coordination with Watershed
$8000
Illicit Connections/Discharges
$5,000
Development Planning*
$2,500
Development Construction*
$2,500
Public Agency
$10,000
Trash and Litter
$5,000
`"Public Outreach
General Public
$7,800
Business Community
$9,700
Schools
$2,500
Public Employees
included
ommended for Public Outreach Vendors
$10,000
Reimbursable)
$8,000
$71,000
Mreirnbursed
bursed by County
<58,000>
n for combining with Industrial Waste Droqram
<$11,5000
Ci after reimbursement and combinin programs
$51 500
* -Only includes training in the program process and up to plan review for four sites, Does not include training of plan
checkers on how to review plans for NPDES compliance. Does not include rewriting sections of the General Plan.
Costs do not include special projects or orders or reports required by the Board, which were not specifically in the
municipal permit or the associated model programs.
John C. Hunter & Associates appreciates the opportunity to offer our services to continue assist the City with the
implementation of the NPDES stormwater permit and the model programs. Compliance with the NPDES program
requires active city participation and thorough implementation of best management practices. The NPDES
permit is still evoMng and therefore, the costs herein are subject to change. The program will be on a time and
materials basis, based on the written scope of work, with the total cost not to exceed the estimated amount
without prior City approval.
r-I
u
Qualifications
The project leaders are:
r-1
.-A
(1) A California Registered Environmental Assessor, and (2) a California Registered Professional Chemical
Engineer, and (3) has ten years of experience in the administration of municipal programs including
Hazardous Materials, Industrial Waste and Stormwater programs. These programs have all included
inspections, enforcement and plan checking
(2) Experienced in the development and administration of NPDES stormwater program for cities in Los
Angeles County with populations ranging from 5,000 to over 100,000.
(3) Active members of NPDES committees for the previous twelve months.
(4) Of the Cities reviewed by Heal the Bay, the two cities whose programs received an "A" rating were
administered by JLHA project leaders.
(5) The project leaders have a minimum of five years of experience in performing illicit connections and
discharges investigations.
(6) The project leaders have a minimum of ten years of experience in providing environmental plan
checking services to municipalities.
(7) The project leaders have previously prepared SWPPPs or PPPs for other municipal facilities under
the Los Angeles County NPDES permit.
(8) The project leaders have a minimum of three years of experience and have conducted a minimum
of 1,000 site visits.
(9) In -house capability exists for the collection of both grab and composite samples from gutters,
storm drains, channels and streams. This includes both water phase and sediment samples.
i
Summary of Personnel Qualifications
John Hunter Bachelor's Degrees in Chemical Engineering and Biological Sciences
25 years of experience in Industrial Waste and Storm Water programs. Conducted and administered programs for
illicit discharge investigations, plan checking, site visits and public outreach for over twenty cities.
California Registered Chemical Engineer
California Registered Environmental Assessor
Member Executive Advisory Committee
Chair (1999 -2000) for Los Angeles River Watershed Committee (38 cities)
Sheila Kennedy
Bachelor's Degree in Civil Engineering
1O years of experience in the field of Storm Water. Intimately involved with the development of the NPDES Permit
and the five County -wide model programs. A member of each model program sub - committee.
Member of Executive Advisory Committee
Member Regional Board's Trash & Litter TMDL taskforce
Chair for Ballona Creek Watershed Committee (12 cities)
Paige Giffin
Bachelor's Degree in Marketing and Public Relations
7 years of experience in marketing, media planning, advertising and public relations. Experience includes working
with the used oil, storm water, and anti - smoking programs for: The State of California, Counties of Los Angeles and
Ventura, Cities of Lynwood, Anaheim, Hawthorne, San Fernando and Long Beach.
---------------
Kell Jensen Master's Degree Environmental Health & Safety
25 years of experience with L.A, County San District, Industrial Waste. Conducted inspections and investigations in
over 20 Los Angeles County Cities.
Inswctor, Industrial Waste/Environmental Studies at Orange Coast College
Registered Environmental Assessor
Registered Environmental Health Specialist
CWEA Industrial Waste Inspector grade IV
--------------- --
Javier Garcia Bachelor's Degree in Environmental Health and Industrial Hygiene
Conducted over 1,000 storm water investigations and site visits, including experience in inspections with L.A.
County Health.
Daniel Nunez
Bachelor's Degree in Chemistry
Has also conducted over 1,000 storm water investigations and site visits. Conducted study to propose elimination of
potential TMDL in watershed.
Anne Chang
r
Master's Degree, Public Relations
Developed "Point -of- Purchase" Stormwater campaign, interfaced with media in 20 cities for stormwater program
(included writing and distribution of press releases and articles). Actively working on the development of the
entire stormwater outreach campaign for cities.
i
C:
0
STANDARD RATE SCHEDULE
Principle
Staff Engineer
Supervising Engineer /Project Manager /Geologist
Project Engineer
Project Technician
Laborer (OSHA 40hr certified)
State Certified Laboratory . Analysis
Inspection program services
Legal Consultation, Court Appearances,
Document Review, etc.
24-hr industrial wastewater composite sampling (including setup)
24-hr ambient air sampling
Sewer capacity monitor (excluding set up)
Specific chemical air monitor
Photoionization /Flame ionization detector.
Combustible gas monitor
Shallow soil or sludge sampling equipment
Subcontracted equipment
v
$120 /hr
$100 /hr
$85 /hr
$65 /hr
$54 /hr
$37 /hr
Cost + 15%
TBA
$150 /hr.
$125 /location
$50 /day
$1,250 /week
$40 /day
$50 /day
$50 /day
$35 /day
Cost + 15%
13310
FIRESTONE BLVO. A -2
SANTA FE SPRINGS
CALIFORNIA
50670
(5621802 -7860
FAX 156Z 802 -2297
GENERAL
ENGINEERING
LICENSE
A- 582340
t
HAZARDOUS
SUBSTANCE
REMEDIATION
LIC.3382
noo
John L. Hunter
AND ASSOCIATES, INC.
March 21, 2000
Pat Malloy
City of Arcadia
11800 Goldring Road
Arcadia, California 91066
Proposal: To Implement an Industrial Waste Program
Background
The discharge of wastewater from businesses can damage
sewers and cause environmental pollution if not properly
managed. The discharge of wastewater from restaurants often
causes sewer stoppages, which in the best circumstance results
in the overflow of raw sewage to the street. In the worse case, it
can cause the sewage to back up into other businesses and even
into homes.
Wastewater containing heavy salt or sediment loads can also
cause blockages and occasionally permanently damage the
sewer system beyond repair. The discharge of flammable oils
and other light hydrocarbons has occasionally caused explosions
over widespread areas of cities.
Approximately 50 cities in Los Angeles County have
implemented an Industrial Waste Discharge Program to reduce
the likelihood of blockage or damage to the sanitary sewer
system. This program includes:
1. Legal authority
2. Inspections
3. Investigations
4. Violation corrections
5. Permitting and plan checking
!
C O M P R E H E N S I V E E N V I R O N M E N T A L M A,N A G E M E N T
6. Annual fees to offset program costs
This program supplements the Los Angeles County Sanitation Districts'
program, which does not involve inspections of restaurant grease traps nor
the protection of locally owned lines.
Several requirements of the NPDES Storm Water Program can be combined
with essentially identical elements of this program, resulting in a substantial
reduction in overall costs to the city.
_1°`
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a
t
Proposal to the City of Arc*
Legal Authority
Industrial Waste Proposal
March 21, 2000
To fully implement an Industrial Waste Program, the adequate legal
authority must be in place. Many cities in Los Angeles County have
adopted the Los Angeles County Industrial Waste Ordinance (Chapter
20.36).
This ordinance identifies business categories to be affected, sets standards,
operating procedures and fees for the administration of the Industrial Waste
Program. Under this ordinance:
1. The discharge of offensive and damaging substances is prohibited.
2. Discharge permits are required of businesses that will be discharging
significant quantities of wastewater. Ninety -four business types (list
attached) are identified by the ordinance.
3. The numbers of inspections that are made at each business are based on
the type of activity occurring at each specific location. For example,
restaurants are inspected once each year, car washes are inspected three
times per year.
4. Conditions that constitute a violation of the ordinance are identified as .
well as a correction protocol.
5. Fees are assessed on a sliding scale based upon the historical likelihood
of sewer blockages from a specific business type. Fees automatically
increase every , year based upon the consumer price index. This year, fees
increased by 2 %.
• Proposal to the City of Arc*
Inspections
Industrial Waste Proposal
March 21, 2000
To reduce the likelihood of sewer blockages resulting from the discharge of
inadequately treated wastewater from businesses, annual inspections are
made of all business in the categories established by the ordinance. The
inspection list will be established from the existing storm water site visit list
and the City Business License records.
The typical frequency of inspections range from once per year. for
restaurants and service stations and three times per year for truck repair
facilities with steam cleaning and car washes. Other businesses moving into
the city may receive inspections if necessary.
The inspections are primarily focused on employee education and the proper
operation of any existing pretreatment systems, commonly referred to as
grease traps or clarifiers.
Standard inspection protocol.' (On -site time is 15 to 30 minutes)
1. Inspectors have received 40 -hour OSHA hazardous waste training.
2. Identification cards are worn at all times.
3. If the business owner or manger is not available, a return
inspection will be made.
4. Restaurant inspections are not scheduled between 11:30 and 1:30.
5. It is the owner's responsibility to open the pretreatment system for
inspection.
6. The discharge is checked for acids, caustics, oils, and sludge.
7. If there has been a history of improper waste handling including
spillage, a brief walk through of the facility is made.
8. The results of the inspection are discussed with business personnel.
No notices of violations are issued in the field. Potential violations
are reported to the Director of Public Services.
To reduce program costs, Industrial Waste inspections are combined with Storm Water Site Visits where
possible. E
F Proposal to the City of Arco
Investigations
`Industrial Waste Proposal
March 21, 2000
Complaints from citizens, City personnel or other sources, regarding
improper waste disposal practices will be investigated and a report of each
incident sent to the Director of Public Services.
Incidents such as sewer blockages, or areas observed by City personnel to
require increased sewer maintenance will also be investigated.
The primary goals of the investigations are to:
1. Ensure adequate clean -up of the spill or discharge, and
2. To work together with business to avoid a reoccurrence of the incident.
The investigation will, where possible:
Identify the responsible party,
The location of the spill or blockage,
The types of materials involved, and
The cause of the incident
Names and addresses of witnesses are also recorded in the event that the
City undertakes legal or cost recovery measures. Due to the nature of these
incidents, the Director of Public Services typically sends Notices of
Violation to the responsible party within one week.
Samples will be collected as appropriate following EPA SW -846 collection
protocol. Laboratories certified by the State of California will perform all
analyses.
Proposal to the City of Arcaale . Industrial Waste Proposal
March 21, 2000
Violation Corrections
When conditions are observed during inspections that constitute a violation,
three primary actions are typically taken.
1. The conditions are verbally discussed with the business personnel,
2. A brief report is made to the Director of Public Services, and
3. The Director sends a follow -up Notice of Violation to the business.
In the majority of instances, this is sufficient to correct the condition.
Occasionally, additional action is required. If the violation is not corrected
by the deadline of the first- °letter, then up to two additional letters are sent to
the business. If the conditions remain uncorrected, the case is forwarded to
the City's Code Enforcement Division or City Attorney and handled in a
manner similar with standard code enforcement procedures.
Violations may be prosecuted as misdemeanors.
1
Proposal to the City of Arca3a • Industrial Waste Proposal
March 21, 2000
Permit and Plan Review
When new businesses, or existing businesses undergoing extensive
modification, submit plans to the Building Department, the plans are
reviewed for compliance with the Industrial Waste Ordinance. Those
businesses that will be discharging significant amounts of wastewater will be
required to complete an "Industrial Waste Discharge. Permit" application.
The application and any associated plans and supporting information are
reviewed for:
Discharge rates into the sewer
Pretreatment retention times and capacity
Types of materials being discharge
Spill Containment
Any deficiencies on the submittal will be noted on a plan check review sheet
and returned to the applicant for correction and submittal.
During start-up of an Industrial Waste Program, all businesses in the 94
categories that are currently discharging wastewater to the sewer will be
required to complete a discharge permit.
During the inspections, businesses will often be encountered with little or no
pretreatment capability. This is typical of restaurants that have not installed
grease traps or auto service facilities that are washing cars. In the case of
auto service facilities, they are asked to either stop washing cars or install a
sand or grease clarifier.
Restaurants will be required to install a grease trap if they have caused a
sewer blockage or if they are in high -risk areas such as:,
Seating capacity greater than 150,
The sewer line is unusually shallow, less than 0.40 %,
The sewer line is less than 8 inches in diameter, or
There is less than 150 feet of upstream sewer.
The minimum permitted size of grease trap is 750 gallons, although smaller
sizes (down to 50 pound capacity) may be permitted for retrofits.
Proposal to the City of Arcadia
FeW
• Industrial Waste Proposal
March 21, 2000
The fees are set by the ordinance and the program is essentially 100% self
supported. The two major types of fees are:
Inspections
Inspection fees are assessed annually and typically range from $121 to
$366 although they can be higher for certain business types. The
invoices will be prepared by JLH in June of each year. All payments
are mailed by the business directly to the City Public Services or
Finance Department.
Plan Checking
Permit fees and plan review fees are one -time fees and are assessed at
the time plans or applications are submitted to the Building
Department.,
Permit Application Fees: Each Industrial Waste Discharge application
is charged an application fee based on the type of business in
accordance with the Industrial Waste Ordinance. One application
(and fee) is needed for each separate connection to the sewer system.
In order to ease the transition into the permitting program, all existing
sites will.be "grandfathered in" and no permit application fees will be
required if the application forms are completed within a 6 -month
period.
Plan checking Fees: These fees are determined in accordance with the
schedule in the Industrial Waste Ordinance, and are based on the type
of business and discharge point (sewer, ground injection, etc.). The
fees are collected at the City (by JLH personnel) and processed by the
City's Finance Department.
2 The 1999 -2000 fee scheduled is attached.
The corresponding business classifications are located on page 20 -69 through 20 -71 of the attached
ordinance.
Proposal to the City of Arc Industrial Waste Proposal
March 21, 2000
Costs
We appreciate the opportunity to offer our continued services. Please call if
you have any questions.
Sin rel
hn L. unter, P.E.
California Registered Environmental Assessor.
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Annual inspections
Project inspr
200 hrs.
$10,800
(estimate 200
inspections)
Preparation of annual
Project tech
10 hrs
$540
fee invoices
Investigations
Staff Engineer
10 hrs.
$1,000
Project Engineer
40 hrs
$2,600
Violation follow-up
Su v Engineer
40 hrs
$3,400
Plan Checking
Staff Engineer
64 hrs
$6,400
Vs
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WIN
unated
iala'
We appreciate the opportunity to offer our continued services. Please call if
you have any questions.
Sin rel
hn L. unter, P.E.
California Registered Environmental Assessor.
•
EXHIBIT "B"
COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
RVPUMM557188
C -1
STANDARD RATE SCHEDULE
Principle
$120/hr
Staff Engineer
$100 /hr
Supervising Engineer /Project Manager /Geologist
$85 /hr
Project Engineer -
$65 /hr
Project Technician
$54 /hr
Laborer (OSHA 40hr certified)
$37 /hr
State Certified Laboratory . Analysis
Cost + 15%
Inspection program services
TBA
Legal Consultation, Court Appearances,
$150 /hr
Document Review, etc.
24-hr industrial wastewater composite sampling (including setup)
$125 /location
24-hr ambient air sampling
$50 /day
Sewer capacity monitor (excluding set up)
$1,250 /week
Specific chemical air monitor
$40 /day
Photoionization /Flame ionization detector
$50 /day
Combustible gas monitor
$50 /day
Shallow soil or sludge sampling equipment
$35 /day
Subcontracted equipment _
Cost + 15%