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HomeMy WebLinkAboutAGMT - John L Hunter and Associates Inc (NPDES and Water Conservation Services) (2) PROFESSIONAL SERVICES AGREEMENT for NPDES and Water Conservation Services between ,--“c SEAL B'`41 V=� ,APORgrFo�'9N. �y��i i* 160k., io; sQi • 0+f�F ' 7 � - "44%% UNPy,���"- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 John L Hunter and Associates, Inc. 6131 Orangethorpe Avenue, Suite 300 Buena Park, CA 90620 (562) 802-7880 This Professional Services Agreement ("the Agreement") is made as of October 28, 2024 (the "Effective Date"), by and between John L Hunter and Associates, Inc. ("Consultant"), an individual, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain NPDES and Water Conservation program management professional services. B. Consultant has been providing such services to City in a satisfactory manner. C. Consultant represents that the principal members of its firm continue to be licensed and registered professional environmental consultants and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to once again retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Consultant's Services 1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively "Services") set forth in the Proposal, and the "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, all to City's reasonable satisfaction. 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the Exhibits attached to or referenced in this Agreement and (ii) Consultant's accepted proposal ("Proposal"). Unless otherwise indicated therein, the "Scope of Services", Exhibit A, includes the Proposal, which is incorporated herein by this reference, together with any additional City standards or specifications or requirements set forth therein. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A; and then (iii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and then (iv) the Proposal, shall govern. In the event there is any conflict between 2 of 21 the Agreement, on the one hand, and any of the Exhibits, or the Proposal on the other hand, the Agreement shall govern. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law... 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence on October 28, 2024, and shall remain in full force and effect until October 28, 2029, unless sooner terminated as provided in Section 5.0 of this Agreement. 3 of 21 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of $102,906 (one hundred two thousand nine hundred and six dollars) annually and $514,530 (five hundred fourteen thousand five hundred and thirty dollars) for the Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 4 of 21 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, or immediately upon City's acknowledgment of receipt of Consultant's notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. John L Hunter is the Consultant's primary representative for purposes of this Agreement. John L Hunter shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager 5 of 21 To Consultant: John L Hunter and Associates, Inc. 6131 Orangethorpe Avenue, Suite 300 Buena Park, CA 90620 Attn: John L Hunter 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (i) as otherwise required for the performance of Services on City real property, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform 6 of 2 1 such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public 7 of 21 Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11 .0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, specifications, photographs, images, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed or used by Consultant in the performance of this Agreement (collectively "Work Product") shall be considered "works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11,1. 8 of 21 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations shall survive the expiration and/or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant in the performance of this Agreement are deemed confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such 9 of 21 authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all requirements of this Agreement, 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but 10 of 21 expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as 11 of 21 broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1 ,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001 , code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: with minimum limits of $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1 ,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 12 of 21 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents. volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of 13 of 21 subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties under any provision of this Agreement. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be 14 of 21 entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for 15 of 21 any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Consultant's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not 16 of 21 discriminate, harass or retaliate against any of its employee, applicants for employment, contractors, subcontractors or subconsultants because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against any of City's elected or appointed officials, officers, employees, consultants, contractors, subcontractors, or subconsultants on any such basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, 17 of 21 and/or relates to any dispute under this Agreement (whether contract, tort or both). 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 18 of 21 27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non-Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 19 of 21 31.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 31.2. Consultant's Cooperation. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 35.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 36.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 20 of 21 CITY OF SEAL BEACH CONSULTANT: John L Hunter and Associates, Inc., a California corporation By: By: _ Patrick Gallegos, Name: _ Interim City Manager, �C S%EA „ Its: r ^ Attest: :v s` n , By. (;� ����1^�',"k'A Y: s\: Gloria D. Haller, City etk " C�? ' (Please note, two signatures required �" - for corporations pursuant to California Corporations Code Section 313 from Approved as to rm: each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the By: secretary, any assistant secretary, the Nicholas R. Ghirelli, City Attorney chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 21 of 21 MUNICIPAL NPDES AND WATER CONSERVATION SERVICES • • M U N I C I PA C NTRACTO R PROPOSAL 2024.07.22 Prepared for: David Spitz City of Seal Beach 211 Eighth St Seal Beach, CA 90740 Prepared by: John L. Hunter & Associates 6131 Orangethorpe Ave #300 Buena Park, CA 90620 Jillian Brickey Cameron McCullough SIAA ,up Project Lead Project Manager jbrickey@jlha.net cmccullough@jlha.net Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Table of Contents 1. Firm's Experience/References 1 1.1. Relevant Firm Experience 1 1.2. References for Comparable Work 1 2. Project Team 4 3. Scope of Services Available to the City and Approach 13 3.1. Program Administration, Compliance Planning, and Reporting 13 3.2. Program Funding Assistance 13 3.3. Control Programs 13 3.4. Water Conservation 13 4. Rate Schedule and Estimated Costs 16 4.1. Standard Rate Schedule 16 4.2. Estimated Annual Not-to-Exceed Costs 16 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 1. Firm's Experience/References John L.Hunter and Associates,Inc.(JLHA)is an environmental consulting corporation founded in 1985.We specialize in assisting cities implement water quality and conservation programs. This includes NPDES/pollution prevention, watershed management,sewer spill prevention,water conservation,and recycling.Services include administration, planning, reporting,and funding,as well as inspections,engineering, monitoring,and public education. 1.1. Relevant Firm Experience Our experience in Municipal NPDES begins with the inception of MS4 Permits in the 1990s.Table 1 is a complete list of NPDES services we provide to current municipal clients.This includes: • 38 cities,4 watershed management groups: Program administration or technical support, • 18 cities:Grant and SCWP Program project application or administration, • 38 cities: Field services such as BMP compliance inspections, • 23 cities: Plan review and approval, including LID Plans,WQMPs,and SWPPPs, • 39 cities,3 WMGs: Reporting(e.g.,annual,TMDL,or watershed reports),and • 37 cities and 3 watershed groups:Staff training. Recent and relevant projects include: • Submitting over 20 applications for SCWP infrastructure project funding(2019-current). • Applying for and obtaining a Prop 1 Stormwater grant (Urban Orchard in South Gate, 2018) and administering a Prop 1 grant(Ford Park in Bell Gardens,current). • Updating Watershed Management Programs (WMPs) for the Lower Los Angeles River (LLAR), Lower San Gabriel River(LSGR), Nearshore(Long Beach),and Peninsula Cities WMGs(2021). • Assisting with the implementation of the Trash TMDL DGR Study for 24 local municipalities in the Santa Monica Bay, Machado Lake, Ballona Creek,and Los Angeles River watersheds. • Assisting with the implementation of the Statewide Trash Provisions for 22 local municipalities. • Representing the Cities of Glendale, Diamond Bar, and Villa Park in MS4 NPDES compliance audits conducted by the Regional Water Board and Federal EPA staff in 2019 and 2020. • Managing ongoing BMP inspection programs at over 10,000 sites. Our interagency compliance planning experience includes serving as the lead consultant for the development of the WMPs for the LLAR, LSGR, Nearshore, and Peninsula Cities watershed management groups(WMGs).This included oversight of the development of Coordinated Integrated Monitoring Programs (CIMPs). Together the member agencies of these Watershed Groups represent 20 MS4 NPDES Permittees. We also serve as the consultant team lead for the Nearshore,LLAR,LSGR,and Peninsula Cities WMGs.Services include administering monitoring activities, overseeing the development of and submitting funding applications for Safe Clean Water Program projects, preparing watershed annual reports, holding technical committee meetings,and implementing other relevant tasks such as feasibility studies. We also represent municipal clients in WMGs for the Upper Los Angeles River, Upper San Gabriel River, Dominguez Channel, Ballona Creek, Beach Cities,and Los Cerritos Channel. In Orange County we represent six municipal clients in WMG planning activities led by the Orange County Public Works. 1.2. References for Comparable Work Table 2 is a list of references for clients where we have provided work comparable to the scope of services listed in Table 4. 1 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Table 1.Summary of Municipal NPDES Services Currentl or Recently Provided 00 Y C _C 00 t sil U C .- O 0 0 C - C C s- O. U fO CO 0) U >0- CO ~if D_ u1 cli N (0 u=i 3 y • IV 00 of Y— — 0. 7 Q ,_C "j C 00 — '�U y C O m 00 52 N C cL - = C 0 ai a - E O ns U m y CU c of ra 0 0- MunicipalNPDESClient > ¢r" a ii a i li au° H 2 CC Arcadia 29 x -- x x x x -- x -- • x Artesia 10 x -- x x x x x -- -- x _ -- Baldwin Park 4 x -- x x x x x -- -- x Burbank 7 x -- -- -- x x x x -- x Cerritos 9 -- -- x -- -- x -- -- -- x — Compton 4 x -- -- -- x x -- -- x x Covina 16 x x x -- x -- -- -- -- -- Culver City 1 x x x x x x x x x x Diamond Bar 17 x x x x x x x -- -- x Downey 13 x x x x x x x x -- x Fullerton 7 x -- -- -- x x -- -- -- x Glendale 11 x -_ x -- x x -- x -- x Hawaiian Gardens 12 x x x x x x x -- -- x Hawthorne 24 x -- x x x x -- -- -- x Hermosa Beach 4 x -- x x x x x -- -- x Inglewood 9 x -- x x x x -- x -- x La Habra 13 x x x x x x -- -- -- x T La Mirada 7 x -- x -- -- x -- -- -- x Laguna Woods 4 -- x x -- -- -- x -- -- -- Lakewood 9 -- -- x -- -- x -- -- -- x Lomita 9 x -- x x x x x -- -- x T Long Beach 10 x -- x x x x x x x x Los Angeles 1 x -- x -- x -- -- -- -- -- LCCWMG 10 x -- -- -- x -- x -- x -- Lower LA River WMG 11 x -- -- -- x x x -- x x Lower San Gabriel River WMG 11 x -- -- -- x x x -- x x Lynwood 10 x x x x x x x x -- x Manhattan Beach 14 -- -- x -- -- -- -- -- -- -- Monterey Park 19 x x x x x x x x x Norwalk 14 x x x x x x x -- -- x Paramount 10 x x x x x x x x -- x Pasadena 9 x x x - x x x x -- x Palos Verdes Peninsula WMG 11 x -- -- -- -- -- x -- x x Pico Rivera 8 x -- -- x x x -- x -- x Placentia 11 x x x -- x x -- -- -- x Rancho Palos Verdes 30 x x x x x x x x -- x Rolling Hills 15 -- -- -- -- -- -- -- x -- x Santa Fe Springs 8 -- x x -- -- -- -- -- -- -- Seal Beach 19 x x x x x x -- -- -- x Signal Hill 39 x x x x x x x T x -- x South El Monte 7 x x x x x x x x -- x South Gate 33 x x x x x x x x -- x South Pasadena 19 x -- x x x x x x -- x Stanton 17 x x x x x x -- -- -- x Temple City 21 x x x x x x x x -- x Torrance <1 x -- -- -- -- -- x -- -- -- Villa Park 11 x x x x x -- -- -- -- x West Covina 9 x x x x x x x --- -- x West Hollywood 29 x x x -- x x ! x x -- x Whittier 10 x -- x x I x I x I x I -- I -- x TOTALS(out of 50) I 44 I 24 I 40 I 29 I 41 I 40 I 29 I 20 I 7 43 2 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Table 2. References for Comparable Work Agency Name Data Field Reference Information Contact/Title Stephen Bise, P.E.,T.E., Director of Public Works Address 303 W.Commonwealth Ave., Fullerton, CA 92832 Fullerton Phone/email 714.738.6852,stephen.bise@cityoffullerton.com JLHA Project Manager(s) Jillian Brickey JLHA services/project Municipal NPDES Contact/Title Albert Mendoza Address 201 East La Habra Blvd., La Habra, CA 90631 La Habra Phone/email 562.383.4163,amendoza@lahabraca.gov JLHA Project Manager(s) Jillian Brickey JLHA services/project Municipal NPDES Contact/Title Chris Tanio, PE, Deputy Director of Public Works/City Engineer Address 401 E.Chapman Ave. Placentia,CA 92870 Placentia Phone/email 714.993.8132,ctanio@placentia.org JLHA Project Manager(s) Jillian Brickey JLHA services/project Municipal NPDES Contact/Title Cesar Rangel, P.E., Public Works Director/City Engineer Address 7800 Katella Avenue,Stanton,CA 90680 Stanton Phone/email 714.890.4203,crangel@stantonca.gov JLHA Project Manager(s) Cameron McCullough JLHA services/project Municipal NPDES and FOG Contact/Title Steve Franks,City Manager Address 17855 Santiago Blvd,Villa Park,CA 92861 Villa Park Phone/email 714.998.1500,sfranks@villapark.org JLHA Project Manager(s) Cameron McCullough JLHA services/project Municipal NPDES Contact/Title Nadia Cook, Conservation Administrator Address 24264 El Toro Road, Laguna Woods, CA 92637 Laguna Woods Phone/email 949.639.0552, ncook@cityoflagunawoods.org JLHA Project Manager(s) Jillian Brickey JLHA services/project Municipal NPDES P :1 , _ 3 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 2. Project Team Table 3 lists the key personnel for this project and their typical project roles. Resumes are included in the following pages. Table 3. Key Project Team Personnel and Roles Program Title Team Member Information Name Jillian Brickey, MS,CPSWQ,QSD/P, CGP ToR POC, leads project team and implementation of services,oversees budget Project Manager Roles and schedule Contact jbrickey@jlha.net, 562.623.5081 Name Cameron McCullough, MS,CPSWQ,QSD/P, IGP ToR Project Lead Roles POC, leads implementation of services Name Michelle Kim, MSE, CPSWQ,QSD/P Project Lead Roles POC, leads funding, reporting,and compliance planning services Name Michelle Staffield, PE, MSE,CPSWQ, QSD Project Engineer Roles Plan review, assists in project implementation Name Glenn Cajar, CESSWI, QSP,QISP Sr Compliance Specialist Roles Assists in implementing and leading field services Name Chris Chew, PE, QSD/P Staff Engineer Roles Plan review and engineering oversight Name John Hunter, PE Principal in Charge Roles As-needed technical assistance and project oversight 4 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR Director 18 Years of Experience in Water Quality Jillian Brickey has 18 years of experience in environmental Education management, specializing in stormwater and watershed M.S., Environmental Science,CSUF management and water conservation. Her relevant experiences B.S.,Zoology,Cal State Poly Pomona include implementing and managing NPDES municipal Permit programs for Low Impact Development,Development Construction, Certifications and TMDL/watershed management. Tasks include includes plan CPSWQ EnviroCert(#0845) review and approval, reporting,training municipal staff in program QSD/QSP, CASQA(#22731) implementation, and representing client interests in interactions CGP Trainer of Record,CASQA with regulators and other stakeholders. Recent Experience and Project Qualifications Municipal NPDES Permit Management: Ms. Brickey serves as a Programs Manager of municipal NPDES Permit programs for multiple cities throughout the Southland.NPDES Permits managed include all elements of the MS4 and CGP Permits, including erosion/sediment control and Low Impact Development(LID)for construction projects,and TMDL implementation for water bodies impaired by trash,metals,toxics,and bacteria.Through these management activities,she has: • Represented cities in MS4 NPDES Permit New Development compliance audits from the Regional Water Quality Control Board. (Seal Beach: 2010, 2015,Stanton: 2010). • Developed TMDL compliance plans for Metals, Toxics, Bacteria, and Trash. (Lower Los Angeles River, Lower San Gabriel River, Long Beach Nearshore Watersheds: 2013-2016.) • Served as primary contact with clients and represented their interests when interacting with regulators. (Covina, La Habra,Seal Beach,South Pasadena,Stanton, Pasadena,West Hollywood). • Developed Stormwater Quality Management Programs (Seal Beach: 2011), LID compliance guideline documents(Gateway cities,2014),and LID ordinances(2014). • Held CGP QSD/QSP training as a CGP ToR (Pasadena, 2016) and led over one hundred municipal training sessions in MS4 and CGP Permits. (Over 20 municipal clients: 2008-2016). • Reviewed on behalf of municipal clients hundreds of LID Plans, WQMPs, and SWPPPs and verified proper installation and maintenance of hundreds of LID BMPs. • Supervised JLHA plan checking staff. Watershed Management: Ms. Brickey served as a Project Manager for the development of the WMPs for the Lower Los Angeles River and Lower San Gabriel River Watershed Groups(2013-2016).The WMPs were developed by MS4 Permittees with shared watershed boundaries,with the objective of achieving surface water quality standards.Tasks included evaluating existing control measures and developing new control measures and compliance schedules to achieve water quality standards. She also oversaw the development and implementation of LID ordinances as required by the WMP development process.This included preparing a LID Ordinance Equivalency Demonstration for the City of Long Beach. She has also led multi-jurisdictional workshops and technical committees on watershed management program implementation, and engaged with Regional Water Quality Control Board members, staff, and non-governmental organizations in support of contested issues regarding the watershed management compliance approach.Through representation of municipal clients' stakeholder interests, Ms. Brickey has also participated in the development of watershed management programs and monitoring programs for the Upper Los Angeles River, Upper San Gabriel River,and Peninsula Cities Watershed Groups(2013-present). 5 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 20 years of project experience Cameron McCullough, CPSWQ, QSD/P, IGP ToR Director Education M.S., Applied Mathematics, CSULB Cameron McCullough has 20 years of experience in the B.S., Physics, CSULB environmental compliance field, specializing in municipal surface Certifications water quality. His experience includes municipal NPDES, TMDL, CPSWQ, EnviroCert(#0842) and SSO control programs administration and implementation, QSD/QSP, CASQA(#22706) funding—including the Safe, Clean Water Program, compliance IGP Trainer of Record, CASQA(#079) planning, staff training, and representing client interests in Affiliations interactions with regulators and other stakeholders. Phi Beta Kappa Society Society for Industrial &Applied Math Recent experience and qualifications Mr. McCullough currently serves as a contracted project manager and primary contact for nine local cities' surface water quality programs and provides as-needed general technical assistance to 28 local cities. Programs administered include those for state NPDES stormwater discharge permits (MS4, IGP, CGP), state non-stormwater discharge permits and orders (e.g., sanitary sewer overflows and drinking water system discharges),and local ordinances related to these programs(e.g.,for the Safe, Clean Water Program, stormwater and urban runoff pollution prevention, and FOG/Industrial Waste Control).The table below lists specific clients, roles,and tasks for relevant contracted services. Relevant Experience Currently or Recently Provided Project Manager for contracted Municipal NPDES Program implementation assistance Clients Arcadia, Burbank, Glendale, Inglewood, South El Monte,South Pasadena, Stanton,Villa Park, and West Covina (9 cities total) Tasks Varies per client, including client representation with watershed groups and regulators, program administration,WMP/TMDL/trash prohibition compliance planning,training, reporting,studies, and oversight of control programs such as inspections and public outreach. Budget $600,000/year total Lead Technical Support for as-needed Municipal NPDES technical assistance Clients The clients listed above, as well as Artesia, Baldwin Park,Compton,Covina, Diamond Bar, Downey, Hawthorne, Hermosa Beach, Lomita, Long Beach, Monterey Park, Norwalk, Paramount, Pasadena, Pico Rivera, RPV,Temple City,West Hollywood,and Whittier(28 total) Tasks Varies per client, including but not limited to staff training, NPDES Permit compliance inquiries, and assistance with strategic WMP/TMDL compliance planning. Lead Technical Support for contracted Safe,Clean Water Program (SCWP) implementation assistance Clients The 28 clients listed above, and Hawaiian Gardens, La Mirada, and Lynwood (31 total) Tasks Varies per client, including Annual Plan and Expenditure Report development and preparation, and general technical assistance. For Burbank (2020), Diamond Bar (2020), and South Pasadena (2 in 2020, 1 in 2021),tasks included project concept planning and TRP application preparation. Project Manager for Watershed Management Group Reporting and WMP Adaptive Management Clients Agencies within the Lower LA River and Lower San Gabriel River Watershed Management Groups Tasks Administering the preparation and adaptive management of WMPs and watershed reporting. Client Representation for NPDES Program Audits Clients Diamond Bar(2019),Glendale ('20),Seal Beach ('10, '06),Stanton ('14, '10),Villa Park('19) Tasks Represented cities in MS4 NPDES Permit compliance audits from Cal EPA and Federal EPA. 6 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Michelle Kim, MSE, CPSWQ, QSD Project Manager/Project Engineer 17 years of project experience Michelle Kim has 17 years of experience in the water Education quality industry, which includes potable water, M.S.,Civil Engineering, Loyola Marymount wastewater, and stormwater. Michelle serves as a B.S., Environmental Science, UC Berkeley Project Manager and technical lead on various B.A., Public Health, UC Berkeley stormwater infrastructure projects for municipalities involving planning, review, implementation, and Certifications funding (including the Safe Clean Water Program). CPSWQ, EnviroCert(#1134) QSD,CASQA(#26504) Her relevant experiences and tasks include EIT, NCEES(#141554) implementing and managing NPDES municipal Grade 3 Laboratory Analyst,CWEA(#130133001) permit provisions such as watershed management and TMDL compliance, Best Management Practices (BMPs) and Low Impact Development (LID) for planning and land development, construction, industrial/commercial activities, and public information and participation. She is also involved in the development and review of Watershed Management Programs (WMPs), Water Quality Management Plans (WQMPs), and LID Plans. Her experience also includes compliance planning, staff training, and representing client interests in interactions with regulators and other stakeholders. Michelle's client-specific responsibilities at JLHA include: • Reviewing LID Plans following the standards of the Los Angeles County area-wide MS4 Permit for the Cities of Covina, Diamond Bar, Downey, Hawaiian Gardens, Long Beach, Lynwood, Monterey Park, Norwalk, Pasadena, Rancho Palos Verdes, Santa Fe Springs, Signal Hill, South El Monte, South Gate, West Covina,West Hollywood, and Whittier. • Reviewing WQMPs following the standards of the North Orange County area-wide MS4 Permit for the Cities of La Habra, Placentia, Seal Beach, Stanton, and Villa Park. (WQMPs are the Orange County- equivalent of Los Angeles County's LID Plans.) • Serving as point-of-contact with project engineers for the LID Plan and WQMP review process. • Conducting post-construction BMP verification inspections. • Conducting training to municipal staff on LID. • Assisting in municipal TMDL compliance activities, including the preparation of Trash TMDL studies and compliance reports, and Bacteria TMDL studies and Load Reduction Strategy reports. • Assisting in MS4 Permit Project Management for the Cities of Diamond Bar, Downey, La Mirada, Long Beach, Lynwood, Monterey Park, Pico Rivera, Temple City, and Whittier. Tasks include serving as a point-of-contact with city staff, representing city interests at watershed meetings and other NPDES- related meetings and hearings, and preparing Annual Reports. • Assisting in Watershed Management efforts under the LA County area-wide MS4 Permit.This includes management of the Lower Los Angeles River Watershed Management Group (WMG), Lower San Gabriel River WMG, and Long Beach Nearshore WMG. Tasks include administering meetings, managing subcontractors, representing the groups in interactions with regulators, and preparing compliance reports, such as Watershed Annual Reports, WMP Progress Reports, and Adaptive Management reports. . 7 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Hugo Garcia, CPSWQ, CESSWI, QSD/P Education Project Manager B.S., Environmental Science, UCR Hugo Garcia has 12 years of experience with John L. Hunter & Certifications and Training Associates, specializing in NPDES and Industrial Waste/FOG CPSWQ, EnviroCert(#1183) Control regulations. His experiences include implementation of CESSWI, EnviroCert(#4769) Municipal NPDES Programs for Industrial/Commercial Facilities, QSD/P, CASQA(#27064) Development Construction, Municipal Activities, Planning and Professional Certificate in GIS Land Development, Public Information and Participation, and Basic Inspector Academy,Cal EPA Illicit Connections & Illicit Discharge Elimination Programs. In Spanish fluency addition, Hugo provides TMDL implementation and reporting, and serves as JLHA's lead GIS Specialist. Recent Experience and Project Qualifications Mr. Garcia currently serves as both a Senior Project Analyst and Compliance Specialist whose responsibilities include providing assistance with the implementation of several Watershed Management Programs in Los Angeles and Orange County, as well as conducting stormwater compliance inspections (e.g., La Habra, and South Gate). Specific examples of recent experience and project qualifications include: • Assisting with the development, implementation, and compliance reporting components of Trash TMDLs for the Cities of Alhambra, Arcadia, Burbank, Downey, Glendale, Inglewood, Long Beach, Lomita, Lynwood, Monterey Park, Paramount,Pasadena, Pico Rivera, Rancho Palos Verdes,Signal Hill, South El Monte, South Gate,South Pasadena,Temple City, and West Hollywood. • Assisting with the development of the Lower Los Angeles River Watershed Management Group Trash Monitoring Reporting Plan (TMRP), Trash Minimum Frequency of Assessment and Collection (MFAC/BMP) Programs for the Cities of Arcadia, Burbank, Downey, Glendale, Long Beach, Pasadena, and Pico Rivera, and Plastic Pellet Management Programs (PMRPs)for the Cities of Arcadia, Burbank, Glendale, Monterey Park, Pasadena,San Gabriel,South El Monte, South Pasadena,and Temple City. • Assisting with Industrial General NPDES Stormwater Permit compliance activities and Stormwater Pollution Prevention Plans (SWPPPs) for municipal facilities located in the Cities of Laguna Beach, La Mirada,San Gabriel, Signal Hill,and West Covina. • Conducting over 3,000 NPDES compliance inspections at industrial/commercial facilities (e.g., food facilities, automotive repair facilities, and facilities subject to the Industrial General Permit) and construction sites. • Developing and maintaining GIS databases of 1) potential sites for low impact development (LID) retrofit projects to comply with various Watershed Management Programs, 2) catch basin retrofit locations to comply with Trash TMDLs and the statewide Trash Provisions,and 3)MS4 outfall and non- stormwater discharges locations to comply with Coordinated Integrated Monitoring Programs (CIMPs). • Reviewing preliminary plumbing plans for new development and tenant improvement projects at Industrial Waste/FOG facilities in the cities of Arcadia, Signal Hill, South El Monte, South Gate, and Stanton. • Assisting with the review of small site Low Impact Development(LID) plans for conformance with city- specific LID standards for the Cities of Signal Hill,South Gate, and West Hollywood. • Developing retrofit opportunity inventories for multi-watershed/multi-jurisdictional grants. 8 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Michelle Staffield, PE, MSE, CPSWQ, QSD Project Manager/Project Engineer Education Michelle Staffield has 17 years of experience in the water M.S., Civil Engineering, Loyola Marymount quality field, specializing in surface water quality regulation in local regions including Los Angeles, Orange B.S., Ecology, Behavior, & Evolution, UCSD County, and San Diego. Her experiences include Certifications managing the development and implementation of point CA Professional Civil Engineer(#88904) and non-point source programs—including NPDES and CPSWQ, EnviroCert (#1136) TMDL programs for municipalities—assisting and QSD, CASCA(#26529) training municipal staff in their in-house NPDES programs, and representing client interests in interactions with regulators and other stakeholders. Recent Experience and Project Qualifications Michelle serves as a Project Manager and technical lead on various stormwater infrastructure projects for municipalities involving planning, review, and implementation. In this role her relevant experiences and tasks include implementing and managing NPDES municipal permit provisions such as watershed management and TMDL compliance, Best Management Practices (BMPs) and Low Impact Development (LID) for planning and land development, construction, and industrial/commercial activities, public information and participation, and general programs management and technical assistance. She is also involved in the development and review of Watershed and Stormwater Management Programs, Water Quality Management Plans (WQMPs), and LID Plans. Municipal NPDES Permit Management: Some of Michelle's current client-specific responsibilities include: • Reviewing LID Plans following the standards of the Los Angeles County area-wide MS4 Permit for the cities of Covina, Diamond Bar, Downey, Hawaiian Gardens, Long Beach, Lynwood, Monterey Park, Norwalk, Pasadena, Rancho Palos Verdes, Santa Fe Springs, Signal Hill, South El Monte, South Gate, West Hollywood, and Whittier. • Reviewing WQMPs following the standards of the North Orange County area-wide MS4 Permit for the cities of Buena Park, La Habra, Placentia, Seal Beach,Stanton, and Villa Park. (WQMPs are the Orange County-equivalent of Los Angeles County's LID Plans.) • Serving as point-of-contact with project engineers for the LID Plan and WQMP review process. • Conducting post-construction BMP verification and maintenance inspections for the cities of Covina, Diamond Bar, Downey, Hawaiian Gardens, La Habra, Placentia, Rancho Palos Verdes,Seal Beach, Signal Hill, Stanton, and West Hollywood. • Assisting in municipal TMDL compliance activities, including the preparation of Trash TMDL studies and compliance reports, and Bacteria TMDL studies and Load Reduction Strategy reports. • Assisting in NPDES program management for the cities of Downey, South Gate and Signal Hill. Tasks include serving as a point-of-contact with City staff, representing city interests at watershed meetings and other related meetings and hearings, and preparing the Individual Annual Report. Watershed Management:Through representation of municipal clients' stakeholder interests, Michelle also participates in the development and implementation of watershed management programs and monitoring programs for the Dominguez Channel, Los Cerritos Channel, Lower Los Angeles River, Lower San Gabriel River, and Peninsula Cities. 9 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Glenn Cajar, CESSWI, QSP, QISP Senior Compliance Specialist Education Glenn Cajar has 10 years of experience with John L. Hunter & B.S.,Earth and Environmental Science, UCI Associates, specializing in municipal surface water quality and conservation regulations. His experiences include work in 1) the Certifications and Training Municipal NPDES Programs for Industrial/Commercial Facilities, CESSWI,EnviroCert(#4942) Construction, Public Outreach, and Illicit Discharge Elimination, 2) QSP,CASQA(#26406) spill prevention through the Industrial Waste and Fats, Oils, and QISP, CASQA(#01178) Grease (FOG) Control Programs, and 3) conservation through Basic Inspector Academy,Cal EPA statewide drought emergency regulations and the Clean Bay Restaurant(CBR) Program in the Santa Monica Bay. Recent Experience and Project Qualifications Glenn currently serves as an Environmental Compliance Specialist II. Specific examples of recent and relevant experience under this role include the following: NPDES • Conducting NPDES compliance inspections at industrial/commercial facilities (e.g., food facilities, automotive facilities,and facilities subject to the NPDES Industrial General Permit) • Assisting facilities under the NPDES Industrial General Permit with permitting and compliance. • Conducting NPDES compliance inspections at construction sites, including those under the NPDES Construction General Permit. • Serving as a QSP under the Construction General Permit. (Long Beach) • Assisting industrial businesses with SB 205 compliance. • Training municipal staff in the illicit discharge component of the Municipal NPDES Permit. (Signal Hill) • Training municipal staff in the Drinking Water Systems NPDES Permit. (Signal Hill) • Preparing NPDES permit applications under the Drinking Water Systems NPDES Permit.(Several Cities) • Assisting with the implementation of Trash TMDL field studies,including the DGR and MFAC studies. • Developing educational materials for use by municipal staff, industrial/commercial businesses, and construction site operators. Industrial Waste and FOG • Conducting Industrial Waste and FOG inspections at industrial and commercial facilities. (Several cities) • Assisting with implementation and processing of Industrial Waste/FOG program permitting. (Signal Hill) • Assisting with implementation of Industrial Waste/FOG program fee recovery billing. (Signal Hill) • Assisting with reviewing preliminary plumbing plans for new development and tenant improvement projects at Industrial Waste/FOG facilities. (Signal Hill). Conservation • Conducting water conservation inspections. (Seal Beach) • Assisting in the program management of the Clean Bay Restaurant (CBR) Program and conducting CBR inspections at restaurants. The CBR Program incorporates solid waste recycling requirements, as well as NPDES and FOG requirements. P _ 10 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Chris Chew, PE, QSD Staff Civil Engineer Overview Mr. Chew serves as a Staff Civil Engineer. He has over 20 years of municipal experience reviewing structural and architectural plans. His specialty lies in reviewing such plans for compliance with Permits (including MS4), City ordinances(including LID and Green Streets/Erosion Control), Building Codes,and other State Laws. Education Certifications and Licenses • M.S.Civil Engineering,Texas Tech University • CA Professional Civil Engineer(U47147) • B.S.Civil Engineering,Texas Tech University • Qualified SWPPP Developer(QSD) Related Experience With JLHA(Starting 2021) • Reviews structural and architectural plans and residential and large and complicated buildings for compliance with the MS4 Permit,City Ordinances and State Law. • Interacts with developers to facilitate completion of their projects. • Code Consultant. City of Glendale,Principal Civil Engineer(2015-2020) • Supervise and manage the Land Development, GIS, Surveying, Real Property, Stormwater and Wastewater Sections. • Supervise and manage the review of grading and public improvement plans, encroachment plans, subdivision maps,covenant and agreements,street vacations and dedications. • Update City's ordinances relating to engineering requirements in the Glendale Municipal Code, Glendale Building Code and Low Impact Development Ordinance. • Review development plans for construction and code compliance. • Represent the City of Glendale in meetings with other public agencies relating to wastewater and stormwater issues. • Manage and implement the Municipal Separate Storm Sewer System(MS4) program. • Responsible for the management of the Wastewater contracts with City of Los Angeles relating to the Amalgamated System and the Los Angeles Glendale Water Reclamation Plant. • Manage wastewater rate study involving cost of service analysis. • Solicit,prepare,and manage professional service agreements. • Coordinate with architects,engineers,contractors,and other City staffs on development projects. • Review City Council's staff report submittals. • Review and evaluate employee's job performance. City of Glendale,Senior Civil Engineer(2009-2015) • Supervise and manage the Land Development,GIS,and Surveying Groups. • Review development plans for construction and code compliance. • Determine requirements for subdivisions,grading permits, construction permits and bonds. • Coordinate with architects, engineers,contractors,and other City staffs on development projects. • Review Council's staff report submittals. • Response to citizen's requests and complaints. • Manage the construction of federally funded slope repair project and supervise the analysis and reports on disputed construction costs, procedures,bids,and contract. • Oversee preparation and revision of maps, surveys, wastewater records, and the storage and filing of various records and project files. • Develop a handbook that describes the permitting procedures for various permits. • Review and evaluate employee's job performance. 11 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Over 30 years of project experience John L. Hunter, PE Principal Education B.S. Chemical Engineering,CSULB Mr. Hunter serves as the Principal of JLHA. He has over 30 B.S. Biological Sciences, UCI years of experience in municipal environmental programs Certifications and Licenses and currently oversees or otherwise assists with: (1) CA Professional Chemical Engineer,4724 elements of over 40 separate municipal NPDES programs CA Registered Environmental Assessor,0900 that covers sub-programs such as: watershed and CA Hazardous Substance Removal,A3382 stormwater management, TMDL implementation, plan CA General Engineering License,A-582340 reviews, industrial and construction inspections,training, O&M activities, public outreach, and monitoring and reporting; (2) elements of 30 municipal Safe, Clean Water Programs, (3) eleven municipal FOG or Industrial Waste programs encompassing permitting, inspections and enforcement; (4) six municipal Used Oil Recycling programs; (5) three municipal Beverage Container Recycling programs; and (6) two water conservation programs. Related Experience Representation,Advocacy,and Leadership Since May 2016, Mr. Hunter has served as the chair for the LA Permit Group,which facilitates discussions and provides area wide Permit updates to affected parties within LA County that are under the Regional MS4 NPDES Permit.He coordinates this role with staff from the County of Los Angeles,as well as other Permit stakeholders. Historically, he has also chaired the Los Angeles River Watershed Management Committee and the Santa Monica Bay Bacterial TMDL J7 Subcommittee. For decades Mr. Hunter has regularly represented client interests in meetings with Regional Board staff and members, most recently regarding topics such WMPs, CIMPs,TMDLs,trash provisions, and other new Permit mandates. Most recently this included providing written and oral comments on the 2021 Regional MS4 NPDES Permit on behalf of the Lower San Gabriel River and Lower LA River Watershed Management Groups. Through these experiences,Mr.Hunter has played a leadership role in the continued countywide development and implementation of the Municipal NPDES Program in the LA Region. Watershed Management and Safe, Clean Water Program Mr. Hunter serves as the Principal-in-Charge for contracted program administration and implementation assistance to the Lower Los Angeles River Watershed Group, the Lower San Gabriel River Watershed Group, the Peninsula Cities Watershed Group, and the Long Beach Near-shore watersheds.Services overseen include preparation and adaptive management of the WMPs, CIMP monitoring, annual compliance reporting, project concept planning, and SCWP application preparation. This includes presenting SCWP funding projects to the Watershed Area Steering Committees(WASCs). He also participates as needed in the Upper Los Angeles River Watershed Group,the Dominguez Channel Watershed Group,and the Los Cerritos Channel Watershed Group. Total Maximum Daily Loads and NPDES Permit Implementation Mr. Hunter oversaw development of the Reach 1 Metals TMDL Implementation Plan on behalf of nine local agencies.The Plan was used as a source document for the Compliance Schedule in the Lower LA River WMP. He has also administered Trash TMDL studies and associated compliance reports for 19 cities, and continues to oversee the development and implementation of the federally required NPDES Municipal Permit Minimum Control Measures for over 30 cities. 12 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 3. Scope of Services Available to the City and Approach We welcome the opportunity to provide municipal NPDES and water conservation services to the City of Seal Beach. Our aim is to provide a comprehensive suite of services to assist the City with Municipal NPDES Permit and water conservation compliance. Our approach prioritizes clear communication, tailored actions, superior technical expertise,and cost efficiency.Table 4 lists our scope of services available to the City. 3.1. Program Administration, Compliance Planning, and Reporting Table 4 lists our services under this task. Note: • The City participates in a cost-share agreement with the County of Orange for some MS4 NPDES Permit services. These services include developing a watershed management plan (WMP) and implementing a Monitoring Program. The WMP and Monitoring Program require administrative oversight by the affected Permittees.We will provide this administrative oversight and implementation assistance as it applies to the City. • Program status updates include regulatory updates and stakeholder group updates. • Interagency meetings include the General Permittee Committee,the LIP/PEA,Trash Provisions, Inspection, Public Education, and Legal/Regulatory Authority Subcommittees, the Trash and Debris Task Force, OC Watersheds training workshops,and relevant Regional Board workshops. • Programs assessed under Compliance Planning include provisions related to Monitoring and Reporting, Minimum Control Measures, Watershed Management, TMDLs, and statewide pollutant provisions (e.g., trash). 3.2. Program Funding Assistance Table 4 lists our services under this task. 3.3. Control Programs Table 4 lists our services under this task. Note, the City participates in a cost-share agreement with the County of Orange for some MS4 NPDES Permit services. These services include providing a countywide Public Education Program. This Program requires administrative oversight by the affected Permittees, as well as individual city implementation efforts.We will provide this administrative oversight and implementation assistance as it applies to the City. In addition, the City must conduct source investigations if the County's dry weather monitoring indicates an exceedance of tolerance intervals for a given pollutant from an outfall monitored within the City.We can assist with these investigations. 3.4. Water Conservation Table 4 lists our services under this task. These services are designed to support and enhance the City's water conservation program, aligning with the State's Emergency Water Conservation Regulations and MS4 Permit requirements. We will work collaboratively with the City to identify specific needs and tailor our assistance to complement existing efforts. This may include providing technical expertise, developing educational materials, implementing water-saving technologies, and promoting best practices for landscape irrigation to minimize illicit discharge.City guidance will be essential in ensuring integration and maximizing the effectiveness of our support. Page13 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Table 4.Scope of Services Available to the City Task Description 1 Program Administration,Compliance Planning,and Reporting Program updates Provide project and program status updates. Interagency meetings Represent the City in meetings/correspondence with program stakeholders. Technical assistance Share technical program information and expertise with City staff. Program development Assist in preparing and updating program documents. Program assessment Assess program compliance and recommend actions. TMDLs Assist with TMDL compliance planning, implementation, and reporting. Compliance Reports Assist with the preparation of annual/quarterly NPDES compliance reports. Database management Operate and maintain an accessible online databases of program records. Other assistance Assist with Municipal NPDES-related services not listed in this scope. 2 Program Funding Assistance (As needed) Program updates As needed: Provide grant opportunities status updates. Meetings As needed: Represent the City in funding meetings and correspondence. Funding applications As needed: Prepare grant applications and assist in administration. Fees, budgets, agreements As needed: Develop and administer fees, budgets, and cost share agreements. Additional services As needed: Provide additional Municipal NPDES program-related funding services. 3 Control Programs 3.1 New Development/Significant Redevelopment Tracking Update records with available program inventory information. Reviewing Review WQMP Plans and Green Street plans BMP implementation. Inspections Conduct BMP installation and O&M inspections, follow-ups, and issue enforcement. 3.2 Construction (As needed) Tracking As needed: Update site records with available program inventory information. Reviewing As needed: Review SWPPPs and ESCPs for BMP implementation. Inspections As needed: Conduct BMP inspections,follow-ups, and issue enforcement. 3.3 Industrial/Commercial Facilities Tracking Update industrial/commercial facility records using available data sources. Educating Distribute, develop, and purchase educational material. Inspections Schedule and conduct BMP inspections,follow-up, and issue enforcement. 3.4 Municipal Activities and Training Tracking Update records for inventoried city facilities with available information. Inspections Inspect BMPs at City facilities and assist in selecting BMPs. Training Develop and provide Municipal NPDES training for city staff as applicable. Project implementation As needed:Assist in implementing NPDES capital projects and programs. 3.5 Illicit Discharge Investigations Investigations Conduct field investigations,follow-up, and issue enforcement. 3.6 Public Education and Outreach Tracking Update records for public outreach activities. Events Assist with community events to promote pollution prevention. Material distribution Provide and distribute educational materials. Page14 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Table 4. Scope of Services Available to the City Task Description Material development As needed: Update and develop educational materials and content. 4 Water Conservation City facilities Inspections Inspect irrigation use at city facilities (e.g., parks, medians, open spaces, etc.) and provide alternatives to improve water use. Residential/Neighborhood Conduct mapped inspections of residential neighborhoods and identify inspections violations in conjunction with the Water Conservation Regulations and MS4 Permit. Material development and Develop and distribute educational materials. distribution Applicable to All Tasks Project Management Coordinate with project staff, report on progress, and QA/QC deliverables. P 3 _3,, _ 15 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 4. Rate Schedule and Estimated Costs The following rate schedule is effective as of 2024. The rates are subject to consumer price index (CPI) increases in subsequent years. Rates are based on JLHA's employee titles. Employee titles for the key team members are listed in their resumes. 4.1. Standard Rate Schedule Principal $227 / hour Director $201 / hour Program Manager $201 / hour Staff Engineer $201 / hour Project Manager $191 / hour Assistant Project Manager $170 / hour Project Engineer $170 / hour Senior Compliance Specialist $150 / hour Compliance Specialist II $140 / hour Project Analyst II $140 / hour Compliance Specialist I $129 / hour Project Analyst I $129 / hour Administrative Assistant, Laborer(OSHA 40hr certified) $88 / hour State Certified Laboratory Analysis Cost+ 5% Legal Consultation, Court Appearances/Document review, etc. $299 / hour Subcontracted equipment Cost+5% 4.2. Estimated Annual Not-to-Exceed Costs The annual not-to-exceed costs for the municipal NPDES and water conservation services are included in Table 5. Work will be on a time and materials basis. If changes in our initial scope estimates result in a potential exceedance of the total estimated cost, we will inform the City as soon as possible. We will not exceed this cost without City authorization. 16 Proposal for Municipal NPDES and Water Conservation Services July 22,2024 Table 5. Estimated Annual Not-to-Exceed Costs Task name Cost Totals Municipal NPDES $83,104 1 Program Administration, Compliance Planning, and Reporting $38,945 2 Program Funding Assistance (As needed) $0 3.1 New Development/Significant Redevelopment $16,728 3.2 Construction (As needed) $0 3.3 Industrial/Commercial Facilities $11,243 3.4 Municipal Activities and Training $12,144 3.5 Illicit Discharge Investigations $3,554 3.6 Public Education and Outreach $490 Water Conservation $19,802 4 Water Conservation $19,802 Total Not to Exceed $102,906 17 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. • Policy Number: 793-00-14-85-0011 Policy Term: 8/5/2024- 8/5/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - FORM III This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization that the Any location where required by the Named Insured agreed to add as an written contract or written agreement in additional insured in a written contract which the Named Insured agreed to add or written agreement that was fully the person or organization qualifying as executed by the Named Insured prior to an additional insured under this the performance of the Named Insured's endorsement. work that is the subject of such written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury, property damage or environmental damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or OBENV GE 346(01 19) Contains copyrighted material of Insurance Services Office, Inc.with its permission. Page 1 of 2 Copyright 2019, Intact Insurance Group USA LLC E-INSURED 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GE 346(01 19) Contains copyrighted material of Insurance Services Office, Inc.with its permission. Page 2 of 2 Copyright 2019, Intact Insurance Group USA LLC • POLICYHOLDER COPY SP STATE LpNLFENSAMON P.O. BOX 8192, PLEASANTON, CA 94588 N S LJ R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-29-2024 GROUP: POLICY NUMBER: 9244804-2024 CERTIFICATE ID: 195 CERTIFICATE EXPIRES: 02-05-2025 02-05-2024/02-05-2025 CITY OF SEAL BEACH SP 211 8TH ST SEAL BEACH CA 90740-6305 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. /ef•-•41"kW. I��.� Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02-05-2024 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. — ENDORSEMENT #1651 - JOHN HUNTER P - EXCLUDED. EMPLOYER JOHN L HUNTER & ASSOCIATES INC SP 6131 ORANGETHORPE AVE STE 300 BUENA PARK CA 90620 [P 1 Z,H0] IREV.7-2014) PRINTED : 10-29-2024 ENDORSEMENT AGREEMENT CERTIFICATE HOLDERS ' NOTICE STATE NEW4804-19 CO M PEN SAT ION IJSURANCE S P FUND PAGE HOME OFFICE SAN FRANCISCO EFFECTIVE FEBRUARY 5 , 2019 AT 12 . 01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME JOHN L HUNTER & ASSOCIATES INC 6131 ORANGETHORPE AVE , STE 300 BUENA PARK, CA 90620 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL, 30 DAYS AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN THE MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE . NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: FEBRUARY 4 2019 2065 Al ITI-1f R17Gf DF17,17GCPAIT I\/G DDCCIIICKIT Ani (`C(l CERTHOLDER COPY SP STATE COMPENSATION P.O. BOX 8192, PLEASANTON, CA 94588 INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-29-2024 GROUP: POLICY NUMBER: 9244804-2024 CERTIFICATE ID: 195 CERTIFICATE EXPIRES: 02-05-2025 02-05-2024/02-05-2025 CITY OF SEAL BEACH SP 211 8TH ST SEAL BEACH CA 90740-6305 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. . 7 Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02-05-2024 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #1651 - JOHN HUNTER P - EXCLUDED. EMPLOYER JOHN L HUNTER & ASSOCIATES INC SP 6131 ORANGETHORPE AVE STE 300 BUENA PARK CA 90620 M0408 IREv.7 20141 PRINTED : 10-30-2024