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HomeMy WebLinkAboutC-1954t n 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 -1- :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. -2- 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 3- 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. 5- ` 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. 6- 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. -7- 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. -8- • 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. 11- 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 12- 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 -2- 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, -3- 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 -4- 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. -5- 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 -7- 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. -8- 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. -9- 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 r E 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 D .1 MAY O POLICY EFFEOTN6 POLICY expuumON - -_— LIINTB TYPB OF INBURANOE IR POLICY NUmBPJI DATE {MA4DD^1'I OATH SMM1UnpnY) :GENERAL LIABILITY ORBQAn cONMS RCIAL DEWRAL LIABILITY PAS358154F SEP 1103 SEP 11 D4 ODMPw ADD. F 2,000,00 EPI"ONAL CLA'WS MAM �COCUa &ADV INJURY / 1,000,000 A' Dw:IeR66 CONTRACTORS PROT EAOHOCCURREncE a 1,OD0,000 FIRS PAMAQS(MY Dnc Plre) S_ c HIES. E^iSER nY M e {O;G66' AUTOMOBILE LIABILITY ANYAUTD PAS30810407 SEP 1103 SEP 1. 04 coNEIN!'D 3.NQL8 LINK H 1,000,OCOCSL - BODILY UIJVRY S ALLOLYNEDAUTOB - BCN60UL60 AUTOS (pw Pereon) ® NiREOALrrOS BODILY INJURY S NON•OVNJSO Au'NB (PNACdtlenn. PRDPeRTY DAMAOET— S GARAGE LIASILI Y AUTO ONLY• 6AACCIDSNT t O7^ iffTHAR AUTO DVLY: •— ANY AUTO 6AON ACDIP1 T 4 AQO16GAT6 4 ASICISS��. PA83NIBUT SEP 11 03 SEP 11 04 EACHOCCUiiRENC6 S 2,oe0,000 AOQR A €�_ AF lum BReLLAFORJA THERTWIN LMBRK"A FORM COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIASIJTY eACR ACCIDENT CIBEAwE lICY LIMIT S THE PRDPR FF INCL PARTN UTIVH OFFI SA BXOL 01 SEARS B-- H —MP LOYeE _ OTHER ueur.M,. i wn yr vrew� u4nrwen „v,w.��,..w. � = ". —• • _••,• 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 - - CnV6RAAOfA 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. -.- rM TY17 op INBUTIAMCg POLICY NUMBER City Clerks Office LIMITS 240 W. Huntington Drive GRIK"M LWaRY COADAHRM OENVA. LWU,RY CLANS MADE F—�OCCUR 80 Box 60021 I EACH OCCURRENCE S FIRE DAMAWJAIYa ** $ rmIDRXPyti„oPRPR+PA) m �' PERSONALS MY INJURY D DFIIBRAL AOOREOATE a DEITL AOORWATE LIMIT APPLIES PER POLICY r7 P I.00 PRODUCTS • COMPIOP AGO IS ...�. AUTOMOaLE J.. LIAauTY ANY AUTO ALLOIANEDAUTOS SGHEDULEDAUTOB HIRED AVTCS NONAWNNO AUTOS NBINf� (Gffiw rvM)&I/OLH ISASi a BODE.Y IINAJRY (P.PARaA� 1101* Y10 RY (PN+lpmd7- N))/I.(�.� S ( vreoeRtl.In) E O GARAGE UAPMTY ANYNITO AUTO ONLY. EA A1;f,IDEIJT a AUTO THAN HIT AW AVID ONLY: 1VOa •. —.. -- S ___.^........ Lq EXCUBR UABIUTYr OCCUR L I fAAIAIS MADE •" DEDIJCTMLE RETENTION FACH OCCURRENCE 0 ® -- __..........._. ASDRSGATE O - a WORKERS COMPENSATION AND DMPIAYRRV UAFAUrY R -� E.L FAON ACCIDENT a _ E.I- OMEASR• NA RMPLOYE E.LDISEASS. POLICY UAT a ,f..._..— ._..____ A O7X� 8rofaes. Liability incl ton au 7120369 08/05/03 08/05/04 Claims Made Form $10000,000 each claim S2,000,000 Aggragajie- DISCROT10N OF OPRMTION&LOGTON9YENI01.W EXCLUSIONS ADDED ET EIIOoft$MM ITMPM]AL PImY 30W RS all operations performed by the named insured [:FRT MC ATP NM 11wo I sMIAI.u11 uG11ORn. IMOIroGn . GTRO. /`dYf`CI a AT w 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: 0 0 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 8 0 0 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. 9 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. 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 0 0 EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide the following services: ATTACHED A -t 0 0 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 0 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. 0 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. E 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. 0 EXHIBIT "B" SCHEDULE OF SERVICES NOT APPLICABLE ME 0 r 0 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 1 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 2 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 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: RVPUBWGSM7188 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. RVPUBWGS�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 -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 6 [, c • 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 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. &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` >a* _ 'r."'�. MY - k *�. 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 • • r1 U } 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 F 0u' _S..- .v+..r^A�` ....- .^..X$Z. .. �w1'.> .....$.�` C (_.�L �. 7 n.,,�.�C S�:...si:':.+'.1 J�1^4Y Y "�. .. .w... - -.x�i. .._. k.3?F -. .E.. � ��u .— .- ,�'i+�`sk,v,. ....._ u. i` 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 'q _ 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 " i sF�.'.rT4. %. ?%�' L f' io'_ �,'b..'v..�` :v``� x" t } �`? T `n ....S -77X: {a + _ 3 �^Z�' ,. ' ... i =a.. .- l':, .. (z': rx:. ..�.., �y}^`lS i.SL---------------------c.t. m�k. i° 3i'".,'y,'trc,.� 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 ..'. • 0 0 • 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 '� r L t 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 n LJ • 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°` 0 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. .'a.o u ,rs� � �,�.�►. ,!?�,.'ees� eta �r TO s .�1.21 N ! T 1) 'A 0,01 % - 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 It 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%