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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT \\O0 —OU
REGARDING INSPECTON, MONITORING, AND MANAGEMENT
SUPPORT FOR THE MUNICIPAL STORMWATER (NPDES)
AND INDUSTRIALWASTE PROGRAMS
This Agreement is made and entered into as of Affil Z , 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
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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.
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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
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(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.
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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
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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.
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.
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(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
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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.
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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:
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CITY: CONSULTANT:
City of Arcadia John L. Hunter &Associates, Inc.
240 West Huntington Drive 6131 Orangethorpe Avenue, Suite 300
Arcadia, CA 91066 Buena Park, CA 90620
Attn: Vanessa Hevener Attn: John L. Hunter, P.E.
Environmental Services Manager
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.
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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]
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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 Lazzare
City Manager Title: \I `acictis4�cn�
Printed Name: CovpAcr ,%.
ATTEST: By: ill
Title: AO' YA({,►
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By. 511 �R►cic-e✓
City Clerk Printed Name: U tG n /
APPROVED AS TO FORM: CONCUR:
By:
Stephen P. Deitsch om Tait
City Attorney Public Works Services Director
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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
Consultant will assist City staff in attending/participating meetings pertaining to
A.1 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.
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Table 7. Training
Task Task
Consultant will provide annual training to City staff whose primary roles are
related to the stormwater program. These trainings include:
A.2 • 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
Consultant will develop public outreach/education and provide assistance with
A.3 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.
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Table 9. Annual Report
Task Task
Consultant will work with City staff to prepare and submit an annual report to the
A.4 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
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
A.5 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.
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Table 11. Development Planning/Construction
Task Task
Development Planning/Construction site inspections are to be completed at
minimum of five inspections or as needed, for the following sites:
A.6 • 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.
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Table 12. Routine Stormwater Inspections
Task Task
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.
A.7 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 1/4 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
Conduct street litter collection and quantify collected materials based on
designated land-use areas including:
• Commercial
A.8 • High/Low Density Residential
• Industrial
• Public Facilities and Educational
• Open Space and Recreation
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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
Industrial Waste inspections are to be conducted on an on-going, year-round
B.1 basis. There are approximately 200 existing Industrial Waste Discharge Permits
are held by industrial users (Us) 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
Enforcement letters (Notices of Violation — "NOVs") are generated and
forwarded via email to Environmental Services Manager (or designated staff)
B.2 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.
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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
Database management is the responsibility of the Consultant. The City will
B.3 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
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
B.4 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.
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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
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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.
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24347.00006\30493020.2
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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.
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