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HomeMy WebLinkAboutItem 12d - Municipal Stormwater and Industrial Waste Programs ManagementProfessional Services Agreement for Municipal Stormwater and Industrial Waste Program Support Services March 16, 2021 Page 1 of 4 DATE: March 16, 2021 TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director By: Vanessa Hevener, Environmental Services Manager SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES, INC. FOR INSPECTION, MONITORING, AND MANAGEMENT SUPPORT FOR THE MUNICIPAL STORMWATER AND INDUSTRIAL WASTE PROGRAMS IN THE AMOUNT OF $83,335 Recommendation: Approve SUMMARY The Public Works Services Department (“PWSD”) administers both the City’s municipal National Pollution Discharge Elimination System (“NPDES”) and Industrial Waste Programs, as required by the Los Angeles Regional Water Quality Control Board. PWSD recently solicited bids for a Professional Services Agreement to administer program support services for the City’s Municipal Stormwater and Industrial Waste Programs. These programs prohibit the discharge, or the potential for discharge, of illicit substances into the City’s streets, storm drains, and sewer system. The scope of work will include routine field inspections, monitoring, and program management support services for both programs. It is recommended that the City Council approve, authorize, and direct the City Manager to execute a Professional Services Agreement with John L. Hunter and Associates, Inc. for inspection, monitoring, and management support for the municipal stormwater and industrial waste programs in the amount of $83,335, with the option of three one-year extensions. BACKGROUND The Los Angeles Regional Board adopted the municipal stormwater permit (“MS4”) on October 8, 2012, which became effective on December 28, 2012. With the adoption of the MS4 permit, the City of Arcadia will be required by the Los Angeles Regional Water Quality Control Board, Los Angeles Region, Order No. R4-2012-0175, as well as Arcadia Municipal Code sections 7000-7067 and 7810-7840 to perform many stormwater Professional Services Agreement for Municipal Stormwater and Industrial Waste Program Support Services March 16, 2021 Page 2 of 4 activities and programs, as well as to develop capital improvements needed to comply with stringent stormwater and runoff regulations. This includes an increase in the City’s minimum control measure activities, maintenance of best management practices (“BMPs”), construction inspections, stormwater mitigation plan checks, water quality monitoring, and public outreach including the publication of educational articles in the City’s newsletter, Hot Sheet, annual Earth Day advertisement in local newspapers, and other City publications. The City’s current Stormwater and Industrial Waste Programs include elements of inspection, monitoring, enforcement, public outreach, staff training, and administrative services. Of these services, a significant portion of the inspection and plan review costs are recovered through permitting fees, plan check fees, and inspection fees. However, due to the complexity of state mandates for the municipal NPDES Permit and required Industrial Waste Programs, it is necessary to retain an environmental consultant with the expertise and experience to support the City with implementation of BMPs, inspections, plan checking, reporting requirements, and administration. DISCUSSION A Request for Proposals (“RFPs”) was published in the City’s local adjudicated newspaper and proposal packages were sent directly to seven qualified environmental consulting firms. Three proposals were received and evaluated based on qualification and experience, satisfaction of current and former clients, availability to meet insurance requirements and availability in emergencies. The results of the evaluation with each company’s ranking and proposed cost are as follows: RANK FIRM LOCATION COST 1. John L. Hunter and Associates, Inc. Buena Park $ 83,335 2. Charles Abbott Associates, Inc. Mission Viejo $ 79,675 3. CASC Engineering and Consulting Burbank $111,555 After careful review and consideration, it was determined that John L. Hunter and Associates, Inc. (“JLHA”) is the most qualified consultant to provide the requested environmental services to support the City’s Stormwater and Industrial Waste programs. While JLHA’s cost is not the lowest proposed, because the agreement is of professional services in nature, the City is not required to select a firm based solely on price and can instead include a variety of qualitative factors when considering a proposal. The City has been receiving environmental consulting services from JLHA since 2013 to staff’s satisfaction. JLHA has provided assistance to the City for compliance with the MS4 permit, which requires preparation and submittal of an annual report to the Los Angeles Regional Water Quality Control Board, conducting inspections and implementing Professional Services Agreement for Municipal Stormwater and Industrial Waste Program Support Services March 16, 2021 Page 3 of 4 enforcement actions for illicit connection/discharge sites, and stormwater site inspections, as required by Los Angeles Regional Water Quality Control Board. The firm has also conducted street litter collection and quantified collected materials based on designated land-use areas for the required Trash Daily Generation Rate study, as part of the City’s Stormwater Program. As part of the City’s Industrial Waste Program, JLHA carried out ongoing, year-round routine inspections for 200 Industrial Waste Discharge Permits within the City and enforcement outreach on the City’s behalf. Although Charles Abbott Associates is also qualified to perform the services requested, awarding the contract to a new contractor would require significant staff time and resources to bring the new contractor up to speed on the City’s stormwater and industrial waste programs. For example, staff would need to notify and inform the businesses of the new contractor, whereas the businesses have already established a rapport and are familiar with JLHA over the years. In addition, Charles Abbott Associates’ office location is farther away from the City of Arcadia, which would limit a timely response when illicit discharges occur or in the event of an emergency. JLHA has recently provided NPDES implementation and compliance services to 49 municipal agencies and industrial waste services to 14 agencies, including the Cities of Pasadena, South Pasadena, San Marino, Monterey Park, Temple City, El Monte, South El Monte, Diamond Bar, Glendale, and numerous others. For these reasons, JLHA is the most qualified consultant to provide the City with the requested environmental consulting services. FISCAL IMPACT The total annual cost of the PSA is $83,335. Sufficient funding budgeted in the Fiscal Year 2021-22 Operating Budget Sewer and Stormwater for these services. Approximately $50,000 of the contract is recovered through permitting fees, plan check fees, and inspection fees paid to the City by applicants, developers, and/or business owners. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project and is therefore, exempt under, the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute a Professional Professional Services Agreement for Municipal Stormwater and Industrial Waste Program Support Services March 16, 2021 Page 4 of 4 Services Agreement with John L. Hunter and Associates, Inc. for inspection, monitoring, and management support for the Municipal Stormwater and Industrial Waste Programs in the amount of $83,335, with the option of three one-year extensions. Attachment: Proposed Professional Services Agreement 1 24347.00006\30493020.2 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING INSPECTON, MONITORING, AND MANAGEMENT SUPPORT FOR THE MUNICIPAL STORMWATER (NPDES) AND INDUSTRIALWASTE PROGRAMS This Agreement is made and entered into as of ________________, 2021 by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and John L. Hunter & Associates, Inc., a California Corporation, with its principal place of business at 6131 Orangethorpe Avenue, Suite 300, Buena Park, CA 90620 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Inspection, Monitoring, and Management Support for the Municipal Stormwater (NPDES) and Industrial Waste Programs (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Eighty-Three Thousand, Three Hundred Thirty-Five Dollars and No Cents ($83,335.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following 2 24347.00006\30493020.2 manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term. The term of this Agreement shall be for one year from the date of execution, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 3 24347.00006\30493020.2 8. Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City 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 secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage 4 24347.00006\30493020.2 (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. 5 24347.00006\30493020.2 d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant 6 24347.00006\30493020.2 shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. 7 24347.00006\30493020.2 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), 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 of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the 8 24347.00006\30493020.2 performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 15. City Material Requirements. Consultant is hereby made aware of the City’s requirements regarding materials, as set forth in Request for Proposal, which are deemed to be a part of this Agreement. 9 24347.00006\30493020.2 16. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 17. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19. Organization Consultant shall assign John L. Hunter, P.E., as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: 10 24347.00006\30493020.2 CITY: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: Vanessa Hevener Environmental Services Manager CONSULTANT: John L. Hunter & Associates, Inc. 6131 Orangethorpe Avenue, Suite 300 Buena Park, CA 90620 Attn: John L. Hunter, P.E. and shall be effective upon receipt thereof. 22. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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. 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 11 24347.00006\30493020.2 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City’s Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. 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 director, official, 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. [SIGNATURES ON FOLLOWING PAGE] 12 24347.00006\30493020.2 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND JOHN L. HUNTER & ASSOCIATES, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA JOHN L. HUNTER & ASSOCIATES, INC. By: By: Dominic Lazzaretto City Manager Title: Printed Name: ATTEST: By: Title: By: City Clerk Printed Name: APPROVED AS TO FORM: CONCUR: By: ___________________________________ Stephen P. Deitsch Tom Tait City Attorney Public Works Services Director 13 24347.00006\30493020.2 EXHIBIT A Scope of Services The Scope of Services for the Inspection, Monitoring, and Management Support for the Municipal Stormwater (“NPDES”) and Industrial Waste Programs shall include, but are not limited to the following: Municipal NDPES Permit Stormwater Program Services Table 6 lists the services related to meeting attendance and representation. JLHA will represent the city at relevant NPDES meetings including those related to watershed management, TMDL compliance, and permit negotiations. We will prepare summary reports for viewing by the City. Any action items required by the City as a result of the meetings will be conveyed via email or phone call. Table 6. Stormwater Program Services Task Task A.1 Consultant will assist City staff in attending/participating meetings pertaining to compliance with the Municipal Permit/TMDLs. City staff will attend the majority of relevant stormwater meetings; however, consultant may be requested to attend a minimum of 10 meetings per year and to represent the City. Training Table 7 lists the RFP task for services related to training. JLHA will provide training intended for: 1) Inspection and enforcement staff (Development Construction, Public Agency Activities, and Illicit Discharge Programs), 2) O&M staff for public facilities and activities, and 3) Planning, Building, and Engineering staff (Development Construction, and Planning & Land Development Programs). Training includes a slide presentation led by members of the Project Team, Q&A with City staff, and key program forms, templates, and documentation from the revised SWMP. All materials are stored for review and download on JLHA’s website for the City. We can provide additional in-depth staff training (beyond the one-to-two hour standard training scope) on any component of the MS4 NPDES program. 14 24347.00006\30493020.2 Table 7. Training Task Task A.2 Consultant will provide annual training to City staff whose primary roles are related to the stormwater program. These trainings include: • Development Construction • Public Agency Activities Program • Illicit Discharge Program Public Outreach Table 8 lists the services related to the Public Information and Participation Program. JLHA has developed educational materials at low cost by using, with permission, existing materials developed by Orange County and other agencies. We have and can also develop standalone educational materials at the request of the City. Material topics include brochures on vehicle, house, yard, pesticide, animal, and construction wastes. Updates to the content can be made at the City’s request and in multiple languages, including Spanish, Chinese, and Korean. Point-of-Purchase locations includes automotive, home improvement, gardening, and pet/feed stores locations. We will visit select stores and provide brochures specific to these industries to be displayed for distribution. The program will be implemented once per reporting year. Table 8. Public Outreach Task Task A.3 Consultant will develop public outreach/education and provide assistance with implementing PIPP requirements to residents and businesses as required under the MS4 Permit. Annual Report Table 9 lists the services related to the municipal NPDES Reporting requirement. JLHA will develop Annual Report information request forms and provide them to City staff in August. Completed forms will be reviewed with City staff in September and city data and comments will be incorporated into a Draft Annual Report. The County’s WRAMPS.ORG database will be updated with LID data and volumetric management results will be incorporated into the Draft Annual Report. Based on data incorporated, responses to program status and assessment elements of the Draft Annual Report will be prepared. The final Draft Annual Report will be reviewed with the City by November 15th. The Individual Annual Report will be submitted prior to the December 15th deadline. Preparation of Watershed MS4 NPDES Annual Reports are led by the RH/SGR WMG. JLHA will only review and provide comments for this task. 15 24347.00006\30493020.2 Table 9. Annual Report Task Task A.4 Consultant will work with City staff to prepare and submit an annual report to the Los Angeles Regional Water Quality Control Board by December 15th in a format acceptable to the Board. Illicit Connection/Illicit Discharge (IC/ID) (As-needed) Table 10 lists the services related to the Illicit Discharge Investigations Program. We are available to investigate illicit discharge complaints. We will correspond with responsible parties and complainants and schedule inspections as-needed, discuss corrective actions required, and provide program education as-needed. We will store records on an online electronic database accessible to the City online. We will conduct follow-up investigations to verify elimination of illicit discharges. For egregious or repeated cases of non- compliance, enforcement notices will be prepared. Notices will be sent out only after City approval. If noncompliance persists, we can work with City enforcement staff to resolve the issue. Table 10. IC/ID (As-needed) RFP Task Task A.5 IC/ID site inspections and follow-up will be conducted on an as-needed basis, as the result of routine site inspections. Emergency calls for IC/ID, and subsequent site follow-up inspections, are conducted by the PWSD and appropriate staff and/or LA County Department of Public Works where appropriate. Development Planning/Construction Table 11 lists services related to the Development Construction Program. This includes sites that disturb one acre or more land. JLHA will review city and Water Board records and on-site conditions to update the site inventory—including all information field required—and review existing site information and regulatory history prior to inspection on a monthly basis. Following the MS4 Permit provision, we will conduct monthly routine inspections sites for proper BMP implementation. Inspections will include 1) determining the facility’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 2) determining the need for corrective actions and setting up a follow-up inspection date, and 3) completing an inspection form. Staff will correspond with site operators and schedule inspections as-needed, discuss corrective actions required, and providing program education as-needed. For egregious or repeated cases of non- compliance, enforcement notices will be prepared following the city ordinances and NPDES Permit’s progressive enforcement requirements. If noncompliance persists, we will work with City enforcement staff to resolve the issue. 16 24347.00006\30493020.2 Table 11. Development Planning/Construction Task Task A.6 Development Planning/Construction site inspections are to be completed at minimum of five inspections or as needed, for the following sites: • General Construction Activity Stormwater Permit (GCASP) Enforcement actions (NOVs) are generated as a result of these inspections where appropriate and forwarded to the City’s Environmental Services Manager for review and signature, as noted above. Routine Stormwater Inspections Table 12 lists the services related to the Industrial/Commercial Facilities Program. We will review city records and facility records to update the industrial/commercial facility inventory and review existing facility information and regulatory history prior to inspection. We will inspect industrial/commercial facilities for proper BMP implementation. Inspections will include 1) inspecting facility layout to locate the storm drain system and/or stormwater drainage path, storage areas, process, areas, and heavy equipment wash and maintenance areas, and stormwater sampling locations, if applicable, 2) determining the facility’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 3) verifying industrial classification, 4) and determining the need for corrective actions and setting up follow-up inspection dates. For egregious or repeated cases of noncompliance, enforcement notices will be prepared following the NPDES Permit’s progressive enforcement requirements. If noncompliance persists, we can work with City enforcement staff to resolve the issue. It should be noted that the next MS4 Permit will require all industrial/commercial facilities be inspected every two years. This includes industrial users with Industrial Waste Discharge Permits under the Industrial Waste Program. Industrial Waste inspections are conducted on an on-going, year-round basis. As such, JLHA will be conducting NPDES inspections at these Industrial Waste facilities every other year. A discount has been applied to the NPDES stormwater inspections cost due to the tie in with the Industrial Waste Inspection Program. At the City’s request, we can prepare a supplemental questionnaire for use in business license applications. Completed supplemental questionnaires will be reviewed by staff and businesses requiring IGP coverage will be forwarded to the City. We can correspond with businesses regarding completed questionnaires, and SB-205 and IGP requirements and enrollment. 17 24347.00006\30493020.2 Table 12. Routine Stormwater Inspections Task Task A.7 Routine stormwater inspections are conducted at the current known rate & quantity, as referenced in California Regional Water Quality Control Board (RWQCB), Los Angeles Region, Order No. R4-2012-0175 of one cycle each 30 months. This equates to two field inspections per each 5-year RWQCB permit. The City currently has approximately 400 Critical Sources (CS). The CS inventory is a fluid database, with updates based on the addition of new businesses and removal of others, as well as changes in Standard Industrial Classification (SIC) codes that have been incorrectly reported. The generation of NOVs, as listed above follows suit. Follow-up site inspections for each NOV will be required. Trash DGR Study Table 13 lists the services related to the Trash Generation Rate Study. JLHA will conduct street litter collection and quantify collected materials based on designated land use areas. These areas include commercial, low, and high density residential, industrial, public facilities and educational, and open space and recreation. We will plan study routes and cover the catch basins along the routes with netting. We will prepare an estimate of the amount of anthropogenic litter larger than ¼ inch generated on a daily basis based upon litter collected and street sweeping schedule. The collection period for the Trash DGR study will be over a 30 consecutive day period. The DGR will cover one full month of street sweeping (this will require five separate collection events for each specific land use area to cover day sweeping cycles over a 30-day period). JLHA will also prepare a compliance report for submission with the annual report by December 15. A draft of the report will be submitted to the City one month in advance of final submittal, for review and comment. The compliance report will be based on the latest amendment to the LA River Trash TMDL. It is worth noting that in August 2018, the City received a letter from the Regional Board, Approval of DGR Frequency Reduction Request, allowing for a DGR study schedule of once every five years. The City’s next required DGR study shall be conducted during the summer of 2022. Table 13. Trash DGR Study Task Task A.8 Conduct street litter collection and quantify collected materials based on designated land-use areas including: • Commercial • High/Low Density Residential • Industrial • Public Facilities and Educational • Open Space and Recreation 18 24347.00006\30493020.2 Industrial Waste Program Industrial Waste Inspections Table 14 lists the services related to the IW inspection program. There are approximately 200 existing Industrial Waste Discharge Permits that require compliance inspections to verify proper control of industrial waste discharges to the City’s sanitary sewer system. The compliance inspections focus on employee education as well as verification of proper source control BMPs and grease trap/interceptor maintenance. An inspection report is completed and provided to the facility contact. If corrections are required, the inspector lists them on the inspection report. Follow-ups are conducted on or soon after the compliance due date to verify that the corrections were made. Some common issues can be addressed via email, fax or phone, such as the need to provide updated yellow grease hauling/interceptor pump-out records. Table 14. IW Inspections RFP Task Task B.1 Industrial Waste inspections are to be conducted on an on-going, year-round basis. There are approximately 200 existing Industrial Waste Discharge Permits are held by industrial users (IU’s) under this program. Enforcement Letters Table 15 lists the services related to the IW enforcement program. The City’s Municipal Code, Article VII, Chapter 10 Industrial Waste Control will continue to be enforced. If repeated or egregious code violations are noted, the City’s Environmental Services Manager (or designated staff) will be contacted for formal enforcement actions. Table 15. Enforcement Letters Task Task B.2 Enforcement letters (Notices of Violation – “NOVs”) are generated and forwarded via email to Environmental Services Manager (or designated staff) review & signature. In addition, letters to industrial users requesting new permits, permit revisions/renewals and the permits themselves are all forwarded to Environmental Services Manager (or designated staff) for review and signature, via hard copy. 19 24347.00006\30493020.2 Database Management Table 16 lists the services related to the IW database management. JLHA will maintain an online electronic database of inspections and other permit records. Updates will be provided to the City in the form of hard-copy lists as well as electronic lists at least four times a year, and upon demand. Table 16. Database Management Task Task B.3 Database management is the responsibility of the Consultant. The City will require periodic updates, in the form of hard-copy lists, as well as electronic lists - upon demand (a minimum of 4x/PSA year). Weekly Pick-up & Drop-off Table 17 lists the services related to weekly IW pick-up and drop-off of program documents. JLHA is available to provide this service on a weekly basis. Table 17. Weekly Pick-up & Drop-off Task Task B.4 Weekly pick-up & drop-off of IW permits, renewal, etc. is to be conducted by the Consultant. The pick-up/drop-off point is the City’s Public Works Services Center located at 11800 Goldring Road, with the point of contact being the Environmental Services Manager (or designated staff). Plan check turn-around times are to be one week. Industrial Waste Program Permitting, Plan Review, and Invoicing Table 18 lists IW services not included in the original RFP Scope of Planned Services that JLHA has provided to the City of Arcadia. A budgetary allotment is incorporated into the not-to-exceed estimate for these services. Industrial Waste Program. Permitting, Plan Review, and Invoicing Table 18 lists IW services not included in the original RFP Scope of Planned Services that JLHA has provided to the City of Arcadia. A budgetary allotment is incorporated into the not-to-exceed estimate for these services. 20 24347.00006\30493020.2 Table 18. Permitting, Plan Review, and Invoicing Task Permitting Prepare permit requirement and violation letters Process permits Plan review Review IW plans Invoicing Assist with annual billing 21 24347.00006\30493020.2 EXHIBIT B Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. Compensation shall be based on time and materials spent in accordance with the following tasks, not to exceed the total compensation listed below: The schedule of prices is attached as attachment “A” to this Exhibit “B”. Implementation of the Coordinated Integrated Monitoring Program - $83,335.00 Total Compensation - $83,335.00 The total compensation shall not exceed the total listed without written authorization in accordance with Section 2 (b) of the agreement. Cost Total Cost Total A. Municipal NPDES Permit $51,265 $56,029 A.1 Stormwater Program Services (meeting attendance allotment)PM $165 6 H $990 $1,083 aPM $155 12 H $1,860 $2,033 A.2 Training PM $165 24 H $3,960 $4,328 A.3 Public Outreach CS1 $115 13 H $1,495 $1,635 AA $75 14 H $1,050 $1,148 A.4 Annual Report PM $165 12 H $1,980 $2,165 PA2 $125 24 H $3,000 $3,278 A.5 Illicit Connection/Illicit Discharge (As-needed)CS2 $125 -- H $0 $0 A.6 Development Planning/Construction (60 routine, 12 follow-ups)CS2 $125 90 U $11,250 $12,294 A.7 Routine Stormwater Inspections (160 routine, 32 follow-ups)CS2 $125 192 U $24,000 $26,226 PA2 $125 7 H $875 $958 PA1 $115 7 H $805 $881 A.8 Trash DGR Study aPM $155 -- H $0 $0 CS1 $115 -- H $0 $0 L $75 -- H $0 $0 B. Industrial Waste Program $45,195 $49,392 B.1 Conduct Industrial Waste Inspections (256 routine, 13 follow-ups) CS1 $115 269 U $30,935 $33,805 B.2 Enforce ordinance in cases of noncompliance CS1 $115 15 H $1,725 $1,886 C. Industrial Waste Program (OPTIONAL) C.1 Process permits CS1 $115 75 H $8,625 $9,426 C.1 Conduct plan reviews CS1 $115 30 H $3,450 $3,771 C.1 Assist with Annual Billing CS1 $115 4 H $460 $504 IW Services Discount -$13,125 -$13,125 Total Not to Exceed $83,335 $92,296 ***If extended 2024-2025*** *AA: Admin. Assistant, aPM: Assistant Project Manager, CS: Compliance Specialist, Laborer: L, PA: Project Analyst, PE: Project Engineer, PM: Project Manager **This rate schedule is subject to consumer price index (CPI) increases in subsequent years Table 21. Estimated Annual Costs for SServices Task name Team* Rate** Hours/Units 2021-2022 Attachment "A" 22 24347.00006\30493020.2 EXHIBIT C Activity Schedule All work shall be completed in accordance with the following schedule: The term of this Agreement shall be for one (1) year from the date of execution. All tasks under Exhibit “A” shall be adhered to and executed accordingly.