HomeMy WebLinkAboutAGMT - John L Hunter and Associates Inc (NPDES and Water Conservation Services) (2) PROFESSIONAL SERVICES AGREEMENT
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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