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HomeMy WebLinkAboutItem 11c - Municipal Stormwater and Industrial Waste Program Support ServicesProfessional Services Agreement for Municipal Stormwater
and Industrial Waste Program Support Services
April 1, 2025
Page 1 of 4
DATE: April 01, 2025
TO: Honorable Mayor and City Council
FROM: Paul Cranmer, Public Works Services Director
By: Briget Arndell, 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 $119,538
CEQA: Not a Project
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, reporting, 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, reporting, and management support for the municipal
stormwater and industrial waste programs in the amount of $119,538, with the option of
three one-year extensions. It is further recommended that the City Council delegate the
authority to approve future extensions under this agreement to the City Manager, without
having to return to the City Council for subsequent approval, provided that any changes
to the financial terms stay within standard inflationary limits.
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
Professional Services Agreement for Municipal Stormwater
and Industrial Waste Program Support Services
April 1, 2025
Page 2 of 4
the MS4 permit, the City of Arcadia is 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
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, on the
City website, and other City publications.
The City’s current Stormwater and Industrial Waste Programs include elements of
inspection, monitoring, enforcement, public outreach, staff training, reporting, 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 expertise and experience to support the City with implementation of BMPs,
inspections, plan checking, reporting requirements, and administration.
DISCUSSION
A Request for Proposals (“RFP”) for Inspection, Monitoring, Reporting, and Management
Support for the Municipal Stormwater and Industrial Waste Programs was published in
accordance with City Council Resolution No. 7483, and RFPs were provided to firms that
perform this type of work. On February 20, 2025, the City Clerk received two proposals.
The results of the evaluation of each firm’s ranking and proposed cost are as follows:
RANK FIRM LOCATION COST
1. John L. Hunter and Associates, Inc. Buena Park $ 119,538.00
2. Dudek Pasadena $ 290,625.60
Following the receipt of the proposals, an inquiry was conducted into the reasons that
firms solicited for this RFP did not submit a proposal. Reasons provided included a
disinterest in the City’s contract or municipal contract work, unavailable/insufficient staff
resources to support the contract at this time, the requested services being outside of the
firm’s service area.
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.
The City has been receiving environmental consulting services from JLHA since 2013 to
Professional Services Agreement for Municipal Stormwater
and Industrial Waste Program Support Services
April 1, 2025
Page 3 of 4
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 and plan to the Los
Angeles Regional Water Quality Control Board, conducting inspections and implementing
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. For the City’s Industrial Waste Program, JLHA carried out ongoing,
year-round routine inspections for at least 200 Industrial Waste Discharge Permits within
the City and conducted enforcement outreach on the City’s behalf.
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 Professional Services Agreement is $119,538. Sufficient
funding is budgeted in the Fiscal Year 2025-26 Sewer and Stormwater Operating Budget
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.
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
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 $119,538, with the option of three one-year extensions. It is further
recommended that the City Council delegate the authority to approve future extensions
under this agreement to the City Manager, without having to return to the City Council for
subsequent approval, provided that any changes to the financial terms stay within
Professional Services Agreement for Municipal Stormwater
and Industrial Waste Program Support Services
April 1, 2025
Page 4 of 4
standard inflationary limits.
Attachment: Proposed Professional Services Agreement
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24347.00006\30493020.2
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
REGARDING INSPECTION, MONITORING, AND MANAGEMENT
SUPPORT FOR THE CITY’S MUNICIPAL NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (“NPDES”) AND INDUSTRIAL WASTE PROGRAMS
This Agreement is made and entered into as of ________________, 2025 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, #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
City’s Municipal National Pollutant Discharge Elimination System (“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 One Hundred Nineteen Thousand, Five Hundred
Thirty-Eight Dollars and No Cents ($119,538.00). 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.
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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
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 from 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.
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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.
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
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(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(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
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required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
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.
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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
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.
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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.
(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
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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
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.
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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.
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 Cameron McCullough, 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.
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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:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Briget Arndell
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,
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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.
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 Lazzaretto
City Manager Title:
Printed Name:
ATTEST: By:
Title:
By:
City Clerk Printed Name:
APPROVED AS TO FORM: CONCUR:
By: ___________________________________
Michael J. Maurer Paul Cranmer
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 City’s
Municipal Stormwater (“NPDES”) and Industrial Waste Programs shall include, but are not limited
to the following:
Municipal NPDES Permit Program
• Stormwater program services – 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 – Consultant will provide annual training to City staff whose primary roles
are related to the stormwater program. These trainings include:
o Development Construction
o Public Agency Activities Program
o Illicit Discharge Program
• Public Outreach – 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 – 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) 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 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.
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• 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 - 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
Industrial Waste Program
• 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. The firm will be asked to
provide additional information about other City and State requirements during site
inspections. Any additional information or outreach material will be provided by the
City.
• 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.
• 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 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.
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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”.
Inspection, Monitoring, and Management Support for the City’s Municipal - $119,538.0
Stormwater (“NPDES”) and Industrial Waste Programs
Total Compensation - $119,538.00
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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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.