HomeMy WebLinkAboutAGMT - John L. Hunter & Associates (Compliance and Water Conservation Services) •
PROFESSIONAL SERVICES AGREEMENT
FOR NPDES MS4 PERMIT COMPLIANCE AND
WATER CONSERVATION SERVICES
between
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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
John L. Hunter & Associates, Inc.
6131 Orangethorpe Ave, Suite 300
Buena Park, CA 90620
Phone — (562) 802-7880
This Professional Services Agreement ("the Agreement") is made as of
November 10, 2014 (the "Effective Date"), by and between John L. Hunter &
Associates, Inc. ("Consultant"), a Corporation, and the City of Seal Beach
("City"), a California charter city, (collectively, "the Parties").
• •
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City with such
services.
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 Scope of Services
•
1.1. Consultant shall provide those services ("Services") set forth in the
attached Exhibit A. To the extent that there is any conflict between Exhibit A and this
Agreement, this Agreement shall control.
1.2. Consultant shall perform all services under this Agreement on a timely,
regular basis and in a manner reasonably satisfactory to the City.
1.3. In performing this Agreement, Consultant shall comply with all applicable
provisions of federal, State, and local law.
1.4. 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.
1.5. By executing this Agreement, Consultant represents that, to the extent
required by the standard of practice, Consultant (a) has investigated and considered the
scope of services to be performed, (b) has carefully considered how the services should
be performed, and (c) understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
2.0 Term
This Agreement is effective as of the Effective Date and shall remain in full force
and effect for a period of three years, unless sooner terminated as provided in Section 5
herein. The City shall have the option to extend the term of this agreement for up to two
additional two-year terms.
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3.0 Consultant's Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit A
for Services but in no event will the City pay more than $508,400 during the initial three-
year term. If the City exercises its option under Section 2 to extend the term of the
agreement, the City will in no event pay more than $677,900 during the given two-year
extended term. 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 payment for such work up to a cumulative
maximum of $10,000. Payment for additional work in excess of $10,000 requires prior
City Council authorization. Any additional work authorized by the City pursuant to this
Section will be compensated in accordance with the schedule set forth in Exhibit A.
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 receipt of 24 hours' 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 two years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement or a contraction of the Services may be terminated by
City, without cause, or by Consultant based on reasonable cause, upon giving the other
party written notice thereof not less than thirty 30 days prior to the date of termination.
5.2. This Agreement or a contraction of the Services 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.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
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• •
6.2. John L. Hunter is the Consultant's representative for purposes of this
Agreement.
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
To Consultant: John L. Hunter & Associates, Inc.
• 6131 Orangethorpe Avenue, Suite 300
Buena Park, CA 90620
Attn: John L. Hunter; President
7.2. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of the City. •
All services provided pursuant to this Agreement shall be performed by Consultant or
under its supervision, and all personnel shall possess the qualifications, permits, and
licenses required by State and local law to perform such Services, including, without
limitation, a City of Seal Beach business license as required by the Seal Beach
Municipal Code. Consultant will determine the means, methods, and details of
performing 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.
8.2. Any additional personnel performing 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 shall pay all wages, salaries,
and other amounts due such personnel in connection with their performance of 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, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
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8.3. Consultant shall indemnify and hold harmless City and its elected officials,
officers and employees, servants, designated volunteers, and 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 Consultant's
personnel practices. 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 8.
9.0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information
developed or received by Consultant or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by Consultant without prior written
authorization by City. City shall grant such authorization if applicable law requires
disclosure. All City data shall be returned to City upon the termination of this
Agreement. Consultant's covenant under this Section shall survive the termination of
this Agreement.
10.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of City. Consultant is fully responsible to City for the performance of any and
all subcontractors.
11.0 Assignment
Consultant shall not assign or transfer any interest in this,Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
12.0 Insurance
12.1. Liability Insurance. Consultant shall procure and maintain in full force and
effect for the duration of this Agreement insurance against claims for injuries to persons
or damages to property and professional negligence which may arise from or in
connection with the performance of the services hereunder by Consultant, and its
agents, representatives, employees and subcontractors.
12.2. Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
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Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
Professional Liability insurance. Consultant shall provide to City the
standard form issued by the carrier.
12.3. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
General Liability: $2,000,000 per occurrence and in the aggregate for
bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply
separately to this Agreement or the general limit shall be twice the
required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
Employer's Liability: $1,000,000 per accident and in the aggregate for
bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
12.4. Deductibles and Self-Insured Retentions. Consultant shall inform City of
any deductibles or self-insured retentions except with respect to professional liability
insurance.
12.5. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
12.5.1. City, its officers, officials, employees, designated volunteers
and agents serving as independent contractors in the role of City officials, are to be
covered as additional insureds as respects: liability arising out of activities performed
by or on behalf of Consultant; products and completed operations of Consultant;
premises owned, occupied or used by Consultant; or automobiles owned, leased, hired
or borrowed by Consultant. The coverage shall contain no limitations on the scope of
protection afforded to City, its officers, officials, employees, designated volunteers or
agents serving as independent contractors in the role of City officials which are not also
limitations applicable to the named insured.
12.5.2. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self-insurance maintained by City, its officers,
officials, employees, designated volunteers or agents serving as independent
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contractors in the role of City officials shall be excess of Consultant's insurance and
shall not contribute with it.
12.5.3. Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
12.5.4. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days' prior written notice by first class mail has been given to City, or 10 days'
prior written notice by express overnight mail if cancellation is due to nonpayment of
premiums.
12.5.5 Each insurance policy, except for the professional liability policy,
required by this clause shall expressly waive the insurer's right of subrogation against
City and its elected officials, officers, employees, servants, attorneys, designated
volunteers, and agents serving as independent contractors in the role of City officials.
12.6. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:Vlll unless waived in writing by City's Risk
Manager.
12.7. Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by City. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by City before services commence. As
an alternative to City forms, Consultant's insurer may provide complete, certified copies
of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
13.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role of city
officials (collectively "Indemnitees") free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any acts or omissions of Consultant, its employees, or its agents in
connection with the performance of this Agreement, including without limitation the
payment of all consequential damages and attorneys' fees and other related costs and
expenses, except for such loss or damage arising from the sole negligence or willful
misconduct of the City. With respect to any and all such aforesaid suits, actions, or
other legal proceedings of every kind that may be brought or instituted against
Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense,
and risk, and shall pay and satisfy any judgment, award, or decree that may be
rendered against Indemnitees. Consultant shall reimburse City and its directors,
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officials, officers, employees, agents and/or volunteers, for any and all legal expenses
and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Consultant, the City, its directors, officials, officers,
employees, agents or volunteers. All duties of Consultant under this Section shall
survive termination of this Agreement.
14.0 Conflict of Interest
14.1. 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.
14.2. 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.
14.3. Consultant warrants and maintains that it has no knowledge that any
officer or employee of City has any interest, whether contractual, noncontractual,
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 Subsection.
15.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex,
sexual orientation, or age. Such non-discrimination includes, but is not limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, or termination.
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16.0 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.
17.0 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.
18.0 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.
19.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
20.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either Party
as a result of this Agreement.
21.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. In no event shall the making by
City of any payment to Consultant constitute or be construed as a waiver by City of any
breach of covenant, or any default which may then exist on the part of Consultant, and
the making of any such payment by City shall in no way impair or prejudice any right or
remedy available to City with regard to such breach or default. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party
any contractual rights by custom, estoppel, or otherwise.
22.0 Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor
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has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City has the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
23.0 Attorneys' Fees
If a Party commences any legal, administrative or other action against the other
Party arising out of or in connection with this Agreement, the prevailing Party in such
action shall be entitled to have and recover from the losing Party all of its attorneys' fees
and other costs incurred in connection therewith.
24.0 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.
25.0 Corporate Authority
The persons executing this Agreement on behalf of the Parties warrant that they
are duly authorized to execute this Agreement on behalf of said Parties and that by their
execution, the Parties are formally bound to the provision of this Agreement.
•
(Intentionally Left Blank)
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above
written.
CITY OF SEAL BEACH CONSULTANT
By: � A • � rj,�:�( By:
. Ingram, City Ma .-
Name: J D s. Ys ICr.n
Its: Piet tc w7`Attest:
BY: �i .. s .AL,.. i By:
Li da Devine, City C erk
Name:
Its:
Approved as to •rm:
By: a
Steal L. FI• er, City Attorney
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a •
EXHIBIT A
PROPOSAL
12 of 12
F
Pry .. St �P Sexy
Proposal to Provide Services
November�{1r0,;2014
Stormwater Pollution Prevention r
(Compliance with NPDES MS4 Permit
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Requirements as noted) ° a
and ��
Water Conservation Services
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Prepared For: .
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City of Seal Beach ,
Attention: Sean Crumby 2A-A'1;._
211 Eighth Street •
Seal Beach, CA 90740 �� Ar t d '-
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Prepared By:
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John L. Hunter & Associates iI3-- ,
6131 Orangethorpe Ave, Suite 350 .y
Buena Park, CA 90620 A �
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`No ember l0
X2014 , > MS4 Permit Services Proposal
TABLE OF CONTENTS
Executive Summary of Qualifications 1
a. Firm Background 1
b. Stormwater Expertise 1
Project Background 3
General Scope of Services - NPDES 4
a. Program Management and Development 4
b. Municipal Activities 5
c. Public Education 5
d. New Development/Significant Redevelopment 6
e. Illicit Discharges and Illicit Connections (ID/IC) 6
f. Construction 7
g. Total Maximum Daily Load (TMDL) Provisions 7
It Monitoring and Reporting 8
i. Existing Development 8
Fee Recovery 9
Estimated Costs 10
General Scope of Services - Water Conservation 11
a. Outdoor water use education program 11
b. Outdoor water use conservation program 12
Estimated cost 13
List of NPDES MS4 Clients and Services Provided 14
References 15
Management Structure and Staff Responsibilities 16
a. Management Structure 16
b. Key Staff Responsibilities 17
Company Information 18
Resumes 19
Standard Rate Schedule 25
John L. Hunter& Associates
• •
..November 70 `
:2011,4°,4:1'0„,.....:,„1;.1,f.: MS4 Permit Services Proposal
EXECUTIVE SUMMARY OF QUALIFICATIONS
John L. Hunter& Associates (JLHA) welcomes the opportunity to
lSt NPDES MS'4 Clientsq
provide our proposal for environmental compliance services to the (11 1 t ltlli,111b +1x ttll
City of Seal Beach. t 1 Arcadia i ill
y #l' liBle la#t1=;t, , t t
Big Bear Lake i '
A. FIRM BACKGROUND 3 Buena Pack
Buena Park
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JLHA is an environmental consulting firm that provides a broad scope ill ltftltir?t�1
of services to municipal clients. Formed in 1985, our mission is to t,!i ]4 Downe in Ban lIl
it
our clients by providing them with the expertise necessary to s iinliit litit 4s, #,
, LA Gateway Authonty,,
support mandated environmental programs. These programs include 1 1111)(Witt lilt
� ,tilllll#tit; 1
stormwater pollution prevention, industrial waste and fats, oils and , Hawaaan Gardens. 1
grease control, used oil recycling, beverage container recycling and l t l iHawthlo�J 9t}1
is ttalc€ E o€ it 1
water conservation it i i j La Habra lit t ¢
, 1➢ t r t#1=1,11 e ach _4 1
' ° Long Beach " r
JLHA takes an integrated, holistic approach to administering programs s it JJI;a 3'n Bel h e
J g PP g P g tManhattan.8each
for our municipal clients. Client services include program i I*ILl111$lo1J1ivia a
Monrovia
management, planning, public outreach, inspections, investigations, I1.,} ttt £ iPtt r
r�MOnterey Park l 1
enforcement, monitoring, reporting and much more. JLHA provides €' rliitthg(I
ji 3 �Norwalk, i ,,
these services under one roof—which not only reduces the need for '€tIAyilll(if �tPAT Jjt.
outsourcing but allows us to provide better feedback, design, Ras r111 bs Verdes'
g— allows p g � r 1h�hIIJ��'i�l�ll' ' ti;
, Roll€ngHiils�' ,i I
development, implementation, analysis and monitoring of programs ! i 1 prat 31 €
s t beau eac p J
for our clients. Seal Beach I` l
�MSigi i>I-filg , ,.,
' signal Hill .,�
Our staff of scientists, engineers, and outreach specialists has the i !°'c South'Ga�te S
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training, experience and expertise necessary to provide effective, cost- South P.saden.
efficient environmental compliance solutions, Current staff credentials stantto
include graduates and post graduates in environmental engineering mp s
g P g ,eteVI City .li
and science, biology, chemistry, and public relations as well as certified � <I w'� ro
y P West Hollyw.od ail
professionals in stormwater quality, BMP (Best Management Practice) �wh -
gyikttier
inspection, SWPPP development and implementation, engineering and "" -
environmental assessment. FOG ControIkCIieMs `
Arcadia. e
B. STORMWATER EXPERTISE � '.
Baldwin Park"
JLHA has considerable experience providing stormwater program a- ig Bear Lake
compliance for municipal agencies, dating to the first iteration of the ; Hawthorne
LA County MS4 Permit. Currently JLHA is implementing all facets of -Manhaftan Beach' _-`
the stormwater program in a tri-county area for cities with populations s s` signal Hill
ranging from 5,000 to over 100,000. Land uses in these cities vary from South EI Mme
highly industrialized to commercial, residential, and semi-rural. %"l. -:,,,,,,,,,x474;-,;,11-,c„,t
t" 'South,Gdte
Implementing the NPDES Program for such a wide cross-section of ,.. '�' 4{
t , South Pasadena -
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John L. Hunter &Associates 1 °`'.
• •
{November x0
2014*: eF as MS4 Permit Services Proposal
municipalities has allowed JLHA to regularly interface with the California Regional Water
Quality Control Boards. This experience includes successful participation in program audits,
MS4 permit negotiations and watershed plan (TMDL) development.
We are currently providing these services to cities located within the following watersheds and
sub watersheds:
Watershed Subwatersheds and Tributaries
Los Angeles River Estuary
Reach 1
Reach 2
Compton Creek
Rio Hondo
Arroyo Seco
San Gabriel River Estuary
Reach 1
Reach 2
Reach 4
Reach 5
Coyote Creek
San Jose Creek
Walnut Creek
Santa Monica Bay Ballona Creek
Beaches
Dominguez Channel/LA Harbor Dominguez Channel
Greater LA Harbor
Machado Lake
Santa Ana River Middle San Antonio Creek
Big Bear Lake
Los Cerritos Channel
Anaheim Bay/Huntington Harbour
John L. Hunter &Associates 2
PNovemb'er 10
P22014 k ``sue MS4 Permit Services Proposal
PROJECT BACKGROUND
The National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System
(NPDES MS4) Permit for the Santa Ana Region of Orange County was adopted on May 22,
2009, by the Santa Ana Regional Water Quality Control Board (Regional Board). This NPDES
MS4 Permit regulates municipal stormwater discharges (i.e. discharges from the MS4). The
Permit requires permittees to develop and implement programs and policies necessary to
reduce the discharge of pollutants in stormwater runoff to the maximum extent practicable. The
purpose of the MS4 Permit is to protect water quality standards of receiving waters, such as the
San Gabriel River and the Pacific Ocean.
Permittees comply with the MS4 Permit by undertaking the activities included within the
Drainage Area Management Plan (DAMP) and the Local Implementation Plan (LIP). The
DAMP is a county-wide management structure for compliance efforts and the LIP is a
jurisdiction-wide plan to meet DAMP requirements on a local level. Elements of the DAMP and
LIP are listed below:
• Program Management and Development
• Legal Authority
• Municipal Activities
• Public Education
• New Development/Redevelopment
• Construction
• Existing Development
• Illegal Discharges/Illicit Connections
• Monitoring and Reporting
Each NPDES permit extends for a term of 5 years. As noted above, the current NPDES MS4
Permit went into effect in 2009 with an expected expiration of May 2014. The 5th term NPDES
MS4 Permit is currently in draft form and it is unclear when the forthcoming NPDES MS4
Permit will be approved. The draft permit in its current form does not contain several
additional tasks outside of the those currently being provided. Therefore, the tasks and cost
estimates contained in this proposal are not expected to significantly change upon approval of
the 5th term.
John L. Hunter& Associates
"November 10,
2014' r; MS4 Permit Services Proposal
GENERAL SCOPE OF SERVICES - NPDES
The general scope of work under this proposal is to assist the City of Seal Beach (City) with
specific tasks related to the MS4 Permit and the City's LIP as described on the following pages.
These tasks are related to current MS4 Permit provisions and do not address past compliance
deadlines and deliverables. The term of this proposal is for three (3) years (November 1, 2014 to
November 1, 2017).
It is important to note that these tasks do not account for complete implementation of the MS4
Permit. Many MS4 Permit compliance provisions such as cleaning drainage facilities, sweeping
streets and inspecting (most) construction sites will be conducted either by in-house City staff or
by other City contractors. Complete and successful implementation will require involvement
from and coordination with multiple City Departments, including Public Works, Engineering,
Planning and Building. As part of JLHA's services, we will conduct training and hold meetings
to educate City staff in their responsibilities under the MS4 Permit.
All hours listed below are estimated.
•
A. PROGRAM MANAGEMENT AND DEVELOPMENT
JLHA Program Management and Development activities will include the following:
Task Description Hours
Client Attend and report on the actions of the General Permittee Committee 220
Representation and other subcommittees held by OC Watersheds that are relevant to the
City's MS4 Permit program.
Training Conduct annual training (five session*) to educate City staff in their 105
responsibilities under the MS4 Permit. Inform City of training
opportunities provided under the OC Watersheds program. *Four
training session will cover general NPDES and field activities, one
training session will cover New Development/Significant Redevelopment
and WQMPs.
Program Inform the City on the development of MS4 Permit issues. Review 30
Updates proposed changes and modifications to the stormwater program which
would affect future implementation plans.
Plan Review the City's current LIP template and revise each of the twelve 15
Development sections of the City's LIP, as needed. Successful completion of this task
will require active participation by City staff.
Database For the tasks listed in this proposal, regularly operate and maintain an 80
Management electronic record database of compliance reports and activities. This task
is necessary to 1) prepare the City's Annual Report to the Regional Board
and 2) provide proof of compliance in the event of a program audit.
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Electronic databases are also mandatory for some elements of the
program.
B. MUNICIPAL ACTIVITIES
JLHA assistance with the Municipal Activities Program will include the following:
Task Description Hours
Inventory and Inventory and prioritize municipal fixed facilities and field 44
Prioritization programs following the prioritization scheme described in the
DAMP.
Inspections Inspect municipal fixed facilities and field programs following the 180
inspection schedule described in the DAMP and prepare inspection
reports. Provide a summary of corrective actions and conduct
follow-ups when necessary. Currently the city has 39 fixed facilities
and 10 field programs.
Integrated Pest Review City-specific IPM policy and records. Successful completion 6
Management of this task will require active participation by the City staff.
Implementation of the policy will be the responsibility of the City.
Training Training is addressed in the "Program Management" subsection of - -
this Proposal.
C. PUBLIC EDUCATION
JLHA Public Education activities will include the following:
Task Description Hours
Event Host public education booth at city event(e.g. Annual Car Show, 24.
Participation National Night Out, etc). Distribute educational materials.
SBTV Outreach Provide new and available material to staff for inclusion on SBTV. 12
Media Outreach Provide one stormwater education article for the City's 12
Newsletter at the city's request.
Business Outreach Provide OC Watersheds outreach materials to the following 12
sectors: mobile service industry; commercial, distribution and
retail sales industry; residential/commercial landscape
construction and services industry; residential and commercial
construction industry; and residential and community activities.
Updating the City's stormwater webpage is also not within the scope of this proposal.
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D. NEW DEVELOPMENT/SIGNIFICANT REDEVELOPMENT
JLHA New Development/Significant Redevelopment activities will include the following:
Task Description Hours
Plan Review Review Water Quality Management Plans (WQMPs) and 36*
Stormwater Pollution Prevention Plans (SWPPPs).1.2 Review will be
consistent with JLHA's current interpretation of:
• The MS4 Permit and the countywide WQMP guidelines
• Conversations with Regional Board staff on pertinent specific
or general issues
• Conditions specifically required by the City
Inspections Inspect WQMP sites prior to occupancy to verify proper BMP 18*
installation. Inspect annually thereafter to ensure proper BMP
maintenance. This includes letters to notify property owners of the
initial inspection and of any corrective actions required.
Review Process Prepare a flow chart describing the complete plan review process 3
and inform City staff of their role in the process.
Record keeping Maintain a list of on-going and approved projects accompanied by a 9
listing of approved treatment BMPs.
Training Training is addressed in the "Program Management" subsection of - -
this Proposal.
*Budgetary allotment for one project per year. Additional projects will be conducted on a time and
materials basis.
E. ILLICIT DISCHARGES AND ILLICIT CONNECTIONS (ID/IC)
JLHA ID/IC activities will include the following:
Task Description Hours
Investigations Perform ID/IC investigations when 1) requested by the City or 2) 60
when violations are witnessed during JLHA's field activities within
the City. Prepare subsequent reports.
Follow-up with noncompliant parties and issue enforcement notices 30
following the DAMP's enforcement structure. In cases of continued
noncompliance, JLHA will consult with the City to determine the
optimal enforcement strategy.
WQMP/SWPPP reviews do not include a review of what are commonly referred to as grading or erosion control
plans,as this is outside of the scope of JLHA's NPDES MS4 services.
2 As part of the plan review process, these plans must be approved prior to permit issuance.
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Enforcement Revise enforcement forms specific to the City (three forms total, 6
Forms following the model outlined in the DAMP).
Training Training is addressed in the "Program Management" proposal section. - -
F. CONSTRUCTION
The construction program consists of requirements and guidelines for pollution prevention
methods that must be used by construction site owners, developers, contractors, municipalities,
and other responsible parties. All construction projects, regardless of size, must implement
practices to reduce discharge of pollutants into the storm drain systems.
Task Description Hours
Inventory and Twice annually, inventory and prioritize active construction sites 120
Prioritization following the prioritization scheme described in the DAMP.
Inspections All construction inspections (CGP and non-CGP) will be the --
responsibility of the City. JLHA will be available to conduct
inspections or follow-up activities at non-CGP sites (sites less
than one acre) on an as-needed basis.
Inspection Forms JLHA will prepare a construction inspection form specific to the 5
City and will also recommend changes to the City's current
building inspection form to incorporate a stormwater inspection
element.
Record Keeping All routine inspection reporting will be stored by the City on their - -
building permit record database. This information can be passed
to JLHA to maintain records of CGP and non-CGP site
inspections in accordance with the NPDES MS4 Permit.
Quarterly Reports The Regional Board requires quarterly reports to the Regional 25
Board of CGP inspection activity.
Training Training is addressed in the "Program Management" subsection - -
of this Proposal.
G. TOTAL MAXIMUM DAILY LOAD (TMDL) PROVISIONS
The City of Seal Beach is subject to a technical TMDL in the Coyote Creek/San Gabriel River
Watershed. The City contributes to a cost share with the County for the monitoring
requirements of this TMDL. These costs are not included in this cost estimate.
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JLHA TMDL related activities will include the following:
Task Description Hours
Review Review, interpret and summarize all documents provided by the 30
documentation County. Meet with city staff to discuss the implications and
potential outcomes.
H. MONITORING AND REPORTING
The Monitoring and Reporting section includes preparation of the Program Effectiveness
Assessment(PEA). The PEA is the City's annual progress report, submitted to the Regional
Board. As the name implies, the PEA assesses the overall effectiveness of the City's stormwater
program. The assessment includes each of the DAMP/LIP program elements, the expected
outcome and the measures used to assess the outcome.
Task Description Hours
Annual Reporting Prepare the PEA report based upon information collected by JLHA 270
and supplied by the City. JLHA will complete the PEA in a timely
manner such that the City will have ample time for review and
comment prior to the submittal deadline. Successful completion of
this task will require active participation by.City staff.
Monitoring The County regularly monitors dry weather flow at a storm drain - -
outfall located within the City. If the County detects an exceedance
of pollutant level benchmarks, a source investigation may be
required. JLHA is available to assist the City in this event. The cost
for this is covered under the ID/IC subsection of this proposal.
Some source investigations are time-intensive and costs may
exceed the ID/IC budgetary allotment. In this event JLHA will not
proceed without prior approval by the City.
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I. EXISTING DEVELOPMENT
JLI-IA Existing Development activities will include the following:
Task Description Hours
Inventory and Inventory and prioritize active commercial/industrial facilities 32
Prioritization quarterly following the prioritization scheme described in the
DAMP.
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Facility Inspect facilities following the inspection schedule described in 90
Inspections the DAMP and prepare inspection reports.
Follow-up at non-compliant facilities. This includes restaurants 30
deemed noncompliant by the Orange County Health Care
Agency (a summary of these sites is provided by the County each
month).
Inspection Forms Prepare an industrial/commercial inspection form specific to the 3
City.
Record Keeping Maintain records on an.electronic database with a GIS 40
component.
Quarterly Reports The MS4 Permit requires quarterly reports to the Regional Board 0
of inspection activity at facilities covered under the State
Industrial General Permit. Since there are no such facilities within
the City, this task will not be conducted.
HOA/CIA The MS4 Permit requires educational material be provided to 15
HOA/CIA areas.JLHA will provide an educational packet via
mail.
Training Training is addressed in the "Program Management" subsection - -
of this Proposal.
FEE RECOVERY
If specifically requested by the City,JLHA can assist in establishing fees to help recover the cost
of elements of the MS4 NPDES Program, such as plan checking and inspections.JLHA has
worked with fee recovery systems as varied as: Estimated annual costs on trash/water bills; per
inspection billing immediately after the inspection was completed; quarterly billing based upon
inspections completed that quarter; and inspection fees collected on the annual business license
renewal. JLHA is experienced in writing the staff report and preparing verbiage for municipal
codes and resolutions as well as preparing the invoicing system.
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ESTIMATED COSTS
The following table itemizes the estimated annual cost from November 1, 2014, to November 1,
.201
Task Category (See the Scope of Services for specific tasks) Hours Rate Cost
Program Management and Development 30 $145 $54,150
330 $125
90 $95
Municipal Activities - - $145 $25,750
130 $125
100 $95
Public Education - - $145 $6,600
30 $125
30 $95
New Development/Significant Redevelopment 12 $145 $8,490
54 $125
- - $95
Illicit Discharges/Illicit Connections - - $145 $10,740
54 $125
42 $95
Construction - - $145 $18,750
150 $125
- - $95
Total Maximum Daily Load (TMDL) Provisions - - $145 $3,750
30 $125
$95
Monitoring and Reporting (includes Annual Report) 15 $145 $31,800
180 $125
75 $95
Existing Development - - $145 $26,250
210 $125
- - $95
Total $186,300
Due to the inherent uncertainties with NPDES programs, such as the number of plan reviews
and the number of investigations received from the public, this project will be on a time and
materials basis, with the cost not to exceed the above amount without prior City authorization.
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GENERAL SCOPE OF SERVICES - WATER CONSERVATION
In response to the ongoing severe drought in California, the State Water Resources Control
Board (Water Board) approved an emergency regulation to ensure water agencies, their
customers and state residents increase water conservation in urban settings or face possible
fines or other enforcement.
The new conservation regulation is intended to reduce outdoor urban water use and mandates
minimum actions to conserve water supplies both for this year and into 2015. With this
regulation, all Californians will be expected to stop the watering of outdoor landscapes that
cause excess runoff, washing down driveways and sidewalks, and reducing other outdoor
activities or features where potable water is used.
The general scope of work is to assist the City with a water conservation program, including
implementing the services described below. Educating the public about overwatering and
water conservation is vital to the success of the program. Whenever possible,JLHA will work
with the City to consolidate the resources of various environmental programs. The following
programmatic elements will be implemented to achieve efficient and reduced water use. The
implementation period for this proposal is 3 years.
A. OUTDOOR WATER USE EDUCATION PROGRAM
The outdoor water use education program will consist of the elements described below.
Implementation of these elements may be achieved through collaboration with other entities,
including the local Water District. For each educational element included in the program, the
frequency and the duration are identified.
Speakers, posters, videos, and/or other information provided in public forums and to
community organizations: This will help raise program awareness by interacting with the
public at local events with educational materials and professional presentations. This element
will be provided on an as needed basis through the term of the proposal.
Articles provided to local news media: Articles may be developed for placement in local papers
or the city newspaper. Topics may include landscape overwatering, water conservation and
prevention practices. The first article would be developed during the initiation of the program,
with the second article being developed near the end of the State's emergency regulation. The
timeline for the second article may be adjusted as deemed necessary. Additional articles can be
developed at the request of the city.
Educational information: Materials on overwatering and related topics from Municipal Water
District of Orange County, The County of Orange or similar sources will be used to encourage
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and educate the public. Educational materials can also be developed at the city's request. These
materials will be placed in public areas and/or distributed to residents.
Rebate and incentive programs: Information on available water conservation rebates and
incentives such as weather-based irrigation controllers and turf removal programs will be
provided to the public. This will be done through articles in the local newspaper or separate
mailers. The frequency of this element is dependent on the availability of rebates and incentives.
This element will be on-going through the term of this proposal.
B. OUTDOOR WATER USE CONSERVATION PROGRAM
The outdoor water use conservation program will consist of the elements described below. For
each outdoor element included in the program, the frequency and the duration are identified.
Overwatering observations: Residential neighborhoods throughout the city will be mapped
and routed for observation of residential overwatering. Selected routes will be determined and
followed. Over time the schedule and routes may be adjusted to follow watering schedules
and/or calls received. Locations observed overwatering will be provided with educational
material. This element will be conducted approximately 20 hours a week or at a frequency
determined by the city for the term of this proposal.
•
Residential overwatering complaints: Calls received by the city and/or consultant regarding
residential overwatering will be followed up on in a timely manner. Educational material will
be provided during the site visit. This element will be conducted on an as needed basis through
the term of the proposal.
Educational information: Educational material in the form of door hangers or separate mailers
will be provided to residents that are observed or reported to be overwatering. Additional
situations that are determined to benefit information will be provided educational material.
This element will be provided in conjunction with the above services through the term of this
proposal.
Record keeping: Program records of educational material and complaints received will be
stored and maintained in an electronic database. The database will be updated continuously
through the term of this proposal.
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ESTIMATED COST
The following table itemizes the estimated annual cost from November 1, 2014, to November 1,
2017.
Tasks and estimated costs for three years
Task Description Hours
Outdoor Water Residential overwatering complaints 3,120
Use Program Overwatering observations
Educational information
Record keeping
Program Speakers, posters, videos, and/or other information provided in 144
Development and public forums and to community organizations
Public Education Articles provided to local news media
Educational information/Rebate and incentive programs
Material Cost Print materials (e.g. door hangers, poster, flyers) for use in the
program.
Rate Hours
Program Manager $95 144
Compliance Specialist $95 3,120
Estimated Materials Cost $4,000
Total $322,100
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LIST OF NPDES MS4 CLIENTS AND SERVICES PROVIDED
Cities to which JLHA currently or has provided NPDES services within the past ten years:
Agency JLHA NPDES History Services Providing or Provided
City of Arcadia 1995-Present • Plan checking
City of Downey 2011-Present • Inspections
City of Hawaiian Gardens 2012-Present • Investigations
• Public education
City of Hawthorne 2000-Present • TMDL implementation(when
City of Monterey Park 2005-Present applicable)
City of Norwalk 2010-Present • Watershed Management Planning
City of Rancho Palos Verdes 1994-Present • Preparing special reports
City of Seal Beach 2005-Present • General consulting
City of Signal Hill 1985-Present • Training
City of South Gate 1991-Present
City of South Pasadena 2005-Present
City of Stanton 2007-Present
City of Temple City 2003-Present
City of West Hollywood • 1994-Present
City of Villa Park 2013-Present
City of Culver City 2001-2008
City of Hermosa Beach 1999-2004
City of Pasadena 2001-2004
City of Pico Rivera 2004-2006,2010-2011
City of Redondo Beach 1999-2004
City of San Fernando 2001-2009
City of South El Monte 2001-2006
City of Big Bear Lake 2004-Present • Inspections
City of Diamond Bar 2007-Present • Investigations
City of Lynwood 2005-2012/on-call
• Preparing special reports
City of Monrovia 2003-2012/on-call • Training
City of Compton 2007-2009
City of Buena Park 2010-Present • Plan checking
City of Covina 2008-Present
City of Cypress 2006-2009
City of El Segundo 1999-2011
City of La Habra 2011-Present
City of Manhattan Beach 2009-Present • Inspections
City of San Marino 2004
City of Sierra Madre 2003-2006
City of Rolling Hills 2008-Present • TMDL Implementation
Gateway Water Management Authority 2012-Present • Watershed Management Planning
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REFERENCES
Client Contact Position
Stanton Allan Rigg Public Works Director
714-379-9222
Buena Park Doug Brodowski Senior Management Analyst
714-562-3652
Villa Park Jarad Hildenbrand City Manager
714-998-1500
Downey Mohammad Mostahkami Public Works Director
562-904-7102
Signal Hill Steve Myrter Public Works Director
562-989-7356
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MANAGEMENT STRUCTURE AND STAFF RESPONSIBILITIES
A. MANAGEMENT STRUCTURE
The following flowchart summarizes JLHA's management structure and tenure.
• John Hunter;PE rzianrrTednsuez
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' Publii-Education . Pield,Operations °'• ``, - Watershed Management Engineering-
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A aCh g MA Cameron McCullough �,Jgl Back y
CPSWQ•QSD u' MSES CPSV:Q•QSD•Public Outreach M g my
,pm a „ a
Prog m Manager '. - aProgramManager
•
T%ae S S WI QSP C..P Es S C IT nT :e PE
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4J sRod a i-2- - Michelle Galve e 5 aan R b _ M kk Klee 'Roml da Tondos.
Co sSWIp i ,cg C ESSWI QSP aMSM re. -£ - a
Compl nce Specialist II Compliance Sp ialst II E talE g r , CMI Engn .i.s.'
fteifiropericensOwerytsar e
•
c' p • H ca .i
-SiormyM Mallets 5-CChristopher Sloth iEi i- a Compli he sp caist
• 1
Compliance SpecalistI Complince
Spec ales I c fat
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B. KEY STAFF RESPONSIBILITIES
The following table summarizes key staff responsibilities for this project.
Staff Responsibilities JLHA Title Project Role
John Hunter, PE Principal Task Support
• Oversee MS4 Permit assistance services
Cameron McCullough,MS, CPSWQ, QSD Program Manager Project Manager
• Serve as primary contact with client
• Assist client with MS4 Permit compliance activities
• Represent client at permit-related meetings
• Coordinate project implementation with City contact(s)
• Oversee field activities
Jilliau Brickey,MS, CPSWQ, QSD Program Manager Project Manager
• Assist client with MS4 Permit compliance activities
• Represent client at permit-related meetings
• Coordinate project implementation with City contact(s)
• Oversee plan review activities
Jose Rodriguez, CESSWI, QSP Compliance Specialist Task Support
• Assist Project Managers with project implementation
• Conduct field activities
Mikki Klee, EIT, CPESC-IT Project Engineer Task Support
• Assist Project Managers with project implementation
• Review environmental plans
Rosalinda Taudoc, PE Staff Engineer Task Support
• Provide civil engineering oversight as needed
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COMPANY INFORMATION
California Corporation
John L. Hunter& Associates, Inc. is a California registered corporation established in 1985.John
Hunter is the Owner and President who oversees the firm.
Address
John L. Hunter
President
John L. Hunter& Associates, Inc.
6131 Orangethorpe Avenue, suite 350
Buena Park, California 90620
(562) 802-7880 Ext 25.
Staff Levels
JLHA staffing levels have ranged between 10 and 15 over the past 5 years and are currently at
fourteen (5 engineering services, 8 field and 1 outreach). JLHA conducts approximately 400
SUSMP/SWPPP plan reviews and 5,000 site inspections each year (restaurants, auto service,
commercial, and industrial sites).
Insurance
JLHA continues to maintain the same level of insurance as in the previous 2011-2012 agreement
with the City. These levels are:
• Automobile Liability, including owned,.non-owned, and hired vehicles, with $1,000,000
per occurrence.
• General Liability including coverage for premises, products and completed operations,
independent contractors/vendors, personal injury and contractual obligations with
combined single limits of coverage of at least$2,000,000 per occurrence.
• Errors and Omissions coverage with limits of$2,000,000 per occurrence.
• Workers' Compensation insurance as required by the Labor Code of the State, of
California.
JLHA has an additional $1,000,000 umbrella policy in addition to the above limits (see certificate
of liability insurance on the following page).
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RESUMES
Resumes for the three leading staff members are included on the following pages.
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John L. Hunter, PE
Principal
Areas of Expertise
NPDES Permits: Implementing and managing compliance programs.
TMDLs: Preparing and managing Implementation/Monitoring Plans.
FOG Control: Implementing and managing compliance programs.
Overview
Mr. Hunter has 30 years of experience in municipal environmental programs and currently oversees: (1)
a 17 city NPDES program encompassing three counties that covers programs such as: watershed
management,TMDL implementation, site inspections, stormwater management plan reviews,
construction inspections, public agency activities, illegal discharge investigations and public outreach; (2)
a 9 city FOG program encompassing permitting, inspections and enforcement, (3) a 6 city Used Oil
Recycling program and (4) a 3 city Beverage Container Recycling program. He has also administered
"right-to-know" hazardous materials programs for local fire departments and has substantial experience
in underground tanks removals and mitigation of subsurface soils contamination.
Education Certifications and Licenses
Bachelor of Science-Chemical Engineering CA Professional Chemical Engineer CH 4724
California State University, Long Beach CA Registered Environmental Assessor REA-0900
Bachelor of Science-Biological Sciences CA Hazardous Substance Removal A3382
University of California, Irvine CA General Engineering Contractor License A-582340
NPDES Experience and Skills
TMDLs: • Los Angeles River Trash TMDL—Obtained $0.78 million in grant funding for the Hamilton
Bowl BMP Study. The intent of the study was to evaluate different end-of-pipe trash
capture systems for City of Signal Hill and Long Beach.
• Los Angeles River Metals TMDL—$200,000 contract with Gateway Cities Council of
Governments for preparation of Reach 1 Implementation Plan on behalf of 9 local agencies.
• Dominguez Channel Bacteria Study—Conducted regional Board directed bacteria study to
investigate elevated bacteria levels found in the Dominguez Channel by the Regional Board
(City of Hawthorne).
• Regional Board Audit of MS4 municipal permit program—City of Big Bear Lake
NPDES: • Oversees a 20 city NPDES program encompassing site inspections, stormwater
management plan reviews, construction inspections, public agency activities, illegal
discharge investigations and public outreach.
• Has chaired the following committees:
• Los Angeles River Watershed Management Committee (Current Chair)
• Santa Monica Bay Bacterial TMDL Subcommittee—J 7 (Current Chair)
• Dominguez Channel Bacterial TMDL Subcommittee
• Also participates in
• LA Permit Group/Executive Advisory Committee
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• Trash/metals TMDL Subcommittees
Cameron McCullough, MS, CPSWQ, QSD/QSP
Environmental Compliance Manager
Areas of Expertise
Implementing and managing NPDES and FOG Control compliance programs for municipalities.
Overview
Mr. McCullough has worked with JLHA for nine years in the environmental compliance fields of NPDES,
Industrial Waste and Fats, Oils and Grease(FOG) Control and Phase I/II site assessment. His relevant
experiences and tasks include implementing and managing all aspects of NPDES municipal permit
provisions and supervising field staff.These provisions include watershed management, TMDL
implementation, inspecting industrial/commercial, municipal and construction sites, detecting and
eliminating illicit discharges, educating the public, training staff and preparing annual reports.
Education
• M.S. in Applied Mathematics California State University Long Beach (CSULB)
• B.S. in Physics, Minor in Applied Math California State University Long Beach (CSULB)
Certifications, Training and Affiliations
• CPSWQ.#0842 (Certified Professional in Stormwater Quality) Issued by CPSWQ, Inc.
• QSD/QSP#22706 (Qualified SWPPP Developer/Practitioner) CASQA
• Basic Environmental Inspector Academy Cal/EPA
• Stormwater Core Competencies Training Program County of Orange
• HAZWOPER(40 Hour General Site Worker), Certificate #52527 Safety Management Systems
• Society for Industrial and Applied Mathematics Member
• Phi Beta Kappa Society Member
NPDES Experience and Skills
Program Management:
• Manage NPDES permit provisions for municipal clients in LA, Orange and San Bernardino Counties.
Clients include South Pasadena, Norwalk, Signal Hill, Big Bear Lake, Stanton, and Seal Beach.
• Represent cities in State compliance inspections/audits (NPDES and FOG). Also perform self-audits.
Four audits total for the cities of Seal Beach, Stanton and Big Bear Lake.
• Manage Trash TMDL DGR studies.
• Prepare NPDES annual reports and Storm Water Quality Management Plans (SWMPs).
• Prepare and present NPDES training modules to various divisions of municipal staff.
• Represent cities at LA and Orange County-wide NPDES Program meetings.
• Design electronic databases to meet State reporting requirements.
Field activities:
• Has inspected and investigated thousands of sites for NPDES/FOG/Industrial Waste compliance.
• Monitor pollutant loading for municipalities under Trash TMDLs.
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• Collect and analyze stormwater, wastewater and soil samples.
• Participate in public education events at City functions.
Jillian Brickey, MS, CPSWQ, QSD/QSP
Environmental Compliance Manager
Areas of Expertise
Implementing and managing NPDES compliance programs for municipalities. Reviewing and preparing
stormwater quality and mitigation plans with emphasis in Low Impact Development(LID) compliance.
Overview
Ms. Brickey has worked with John L. Hunter&Associates in the environmental compliance field of
NPDES, being versed in all departments at JLHA, for seven years. She is the Lead NPDES Plan Reviewer
for Seal Beach, Stanton, Buena Park, La Habra, and Signal Hill and the Stormwater Program Manager for
Seal Beach. Her relevant experiences and tasks include implementing and managing NPDES municipal
permit provisions such as watershed management, new development, construction, TMDL compliance,
municipal staff training and representing clients in program audits.
Education
• M.S. in Environmental Science Cal State University Fullerton
• B.S.in Zoology, Minor in Chemistry Cal State Polytechnic University Pomona
Certifications and Training
• CPSWQ 40845 (Certified Professional in Stormwater Quality) Issued by CPSWQ, Inc.
• QSD/QSP #22731 (Qualified SWPPP Developer/Practitioner) CASQA
• Stormwater Core Competencies Training Program County of Orange
• 40 Hour HAZWOPER pursuant to Title 29 of CFR section 1910.120
NPDES Experience and Skills
NPDES Municipal Permit experience:
• Manage selected NPDES permit provisions for clients in LA, Orange and San Bernardino Counties.
Including South Pasadena, Norwalk, Signal Hill, Big Bear Lake, Stanton, Seal Beach
• Represent cities in State New Development compliance audits.
Seal Beach and Stanton
• Supervise engineering staff.
• Participated in Planning Advisory Group (PAG) to develop LID provisions for Orange County cities.
• Prepare and present NPDES training modules to various divisions of municipal staff.
• Represent cities at various LA and Orange County-wide NPDES Program meetings.
• Conducted thousands of NPDES/FOG/IW investigations and inspections.
• Participate in public education events at City functions.
• Prepare NPDES annual reports, Storm Water Quality Management Plans (SQMPs) and Local
Implementation Plans (LIPs).
John L. Hunter& Associates tt 221 .
• •
FNov�mbe w70,�ik,+}
4' r V MS4 Permit Services Proposal
John L. Hunter& Associates ,^.=23•
'(November 70;
"K � 4 F1'4�•.5
l4- b MS4 Permit Services Proposal
Jose Rodriguez, CESSWI, QSP
Environmental Compliance Specialist
Areas of Expertise
Implementing NPDES and FOG Control inspection programs for public agencies.
Overview
Mr. Rodriguez has worked with John L. Hunter &Associates in the environmental compliance fields of
NPDES, FOG and Industrial Waste for over six years. His relevant experiences and tasks include
implementing NPDES municipal permit provisions such as industrial/commercial inspections, illicit
discharge detection and elimination, construction inspections, public education, public agency
inspections,TMDL compliance, municipal staff training and completing annual reports. In total, Mr.
Rodriguez has conducted several thousand inspections for agencies such as Compton,South Gate,
Hawthorne,South El Monte, Arcadia and the Orange County Sanitation District.
Education
Bachelor of Science- Biology University of California, Irvine
Certifications and Training
• CESSWI #2830 (Certified Erosion Sediment Stormwater Inspector) Issued by CESSWI, Inc.
• QSP #22917(Qualified SWPPP Practitioner) CASQA
• Basic Environmental Inspector Academy Cal/EPA
• SSO-WDR Compliance Training CWEA
• BMP Performance Training US EPA
• Pretreatment, Pollution Prevention, Stormwater Training CWEA
• 40 Hour I-IAZWOPER pursuant to Title 29 of CFR section 1970.720
• Fluency in Spanish
Project Specific Experience
• Inspect the following for compliance with state and local environmental regulations:
• NPDES Critical Sources sites (e.g. restaurants, auto shops and manufacturing facilities).
• State permitted industrial and construction sites (IGPs/CGPs).
• Municipal facilities (e.g. corporate yards and transfer stations).
• New Developments for BMP installation and maintenance verification (SUSMP sites).
• Industrial Waste and FOG pretreatment devices at permitted facilities.
• Conduct environmental investigations and impose enforcement actions.
• Conduct stormwater and wastewater sampling.
• Review and submit HAZMAT Business Plans and inspect facilities for compliance.
• Supervise and participate in NPDES Public Outreach events.
• Conduct Trash TMDL DGR studies.
• Review and submit HAZMAT Business Plans and inspect facilities for compliance.
John L. Hunter& Associates In
•
Nov em 10 •
X201'4 MS4 Permit Services Proposal
STANDARD RATE SCHEDULE
Principal/Staff Engineer $145/hr
Environmental Compliance Manager/Project Engineer $125/hr
•
Environmental Compliance Specialist and Public Outreach Manager $95/hr
Laborer(OSHA 40hr certified)/Public Outreach Assistant $65/hr
State Certified Laboratory Analysis Cost+5%
Legal Consultation, Court Appearances/Document review, etc. $250/hr
Inspection—Industrial/Commercial facilities $125/inspection
IGP Facilities $250/inspection
Subcontracted equipment Cost+5%
Prices effective as of January'1,2013
JLI-IA does not add charges for overhead items such as administrative copying or mileage in and around the city.
f,.<
John L. Hunter& Associates ± _25
� r,
AGREEMENT FOR ON -CALL ENGINEERING CONTRACT
SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement ") is made and entered
into as of _13 day of November , 2006 by and between the CITY OF SEAL BEACH, a
municipal corporation ( "City ") and John L. Hunter and Associates ( "Consultant ").
RECITALS
WHEREAS, City desires to employ the services of a consultant to provide on -call
engineering services and
WHEREAS, Consultant represents that it has the expertise and experience to provide such
services;
NOW THEREFORE, and for good consideration, the City and Consultant agree as
follows:
1. Location of Subiect Pro i ect/Studies. Citywide
2. Description of Services to be Provided. Consultant shall perfrom on - call Storm
Water Quality Environmental Services as described in Proposal of Services (enclosed)
3. Term. Unless terminated earlier as set forth in this Agreement, the services shall
commence on November 13, 2006 ( "Commencement Date ")
4. Party Representatives.
The City designates Sean Crumby, P.E., Deputy City Engineer to act on City's behalf.
The Consultant designates the John L. Hunter, P.E., President to act on Consultant's
behalf
5. Enclosure. This Agreement incorporates by reference the following Attachments to
this Agreement:
Attachment 1: Scope of Work
Attachment 2: Rate Schedule
6. Integration. This Agreement represents the entire understanding of City and
Consultant as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with regard to those matters covered by
this Agreement. This Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement. This Agreement may only
be amended by the mutual consent of the parties by an instrument in writing.
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7. Standard of Performance. Consultant agrees that all services shall be performed in a
competent, professional, and satisfactory manner in accordance with the standards
prevalent in the industry, and that all goods, materials, equipment or personal property
included within the services herein shall be of good quality, fit for the purpose intended.
8. Performance to Satisfaction of City. Consultant agrees to perform all work to the
satisfaction of City within the time specified. If Consultant's work is not satisfactory in
the opinion of City's designated representative, City has the right to take appropriate
action, including but not limited to any or all of the following: (i) meeting with
Consultant to review the quality of the work and resolve matters of concern; (ii)
requiring Consultant to repeat or correct the work at no additional fee until it is
satisfactory; (iii) suspending the delivery of new or additional work to Consultant for
an indefinite time; (iv) withholding payment; and (v) terminating this Agreement as
hereinafter set forth. City's options set forth herein are non - exclusive, and are in
addition to any remedy available at law to City.
9. Prohibition Against Subcontracting or Assignment. Consultant shall not contract
with any other entity to perform in whole or in part the services required hereunder
without the prior express written approval of City. In addition, neither the Agreement
nor any interest herein may be transferred, assigned, conveyed, hypothecated, or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written approval of City. In the event of any unapproved
transfer, including in any bankruptcy proceeding, City may void the Agreement at City's
option in its sole and absolute discretion. No approved transfer shall release any surety
of Consultant of any liability hereunder without the express consent of City.
10. Compensation. Consultant shall be compensated on a time and material basis per the
attached Schedule 2. In no event shall compensation exceed the approved task order
limit set by the Director of Public Works.
11. Insurance. Consultant shall have insurance as follows:
11.1 General Liability (including premises and operations, contractual liability,
personal injury, independent contractors liability): One Million Dollars ($1,000,000.00)
Single Limit, per occurrence. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate shall apply
separately to this project, or the general aggregate limit shall be three times the
occurrence limit.
11.2 Automobile Liability (including owned, non - owned, and hired autos): One
Million Dollars ($1,000,000.00), Single limit, per occurrence for bodily injury and
property damage.
11.3 Employer's Liability One Million Dollars ($1,000,000.00) per occurrence for
injuries incurred in providing services under this Agreement (if Consultant is
required to have per the laws of California).
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11.4 Workers Compensation Consultant shall, to the extent required by state law,
provide Employee's Insurance Workers' Compensation Insurance for the
protection of Consultant's employees. Consultant shall file a certificate of
insurance which evidences that Consultant is in compliance with said Worker's
Compensation Insurance requirement. Consultant shall require all subcontractors
similarly to provide such Workers' Compensation Insurance and certificates of
insurance for their respective employees.
113 Professional Liability Insurance Consultant shall have errors and omission
insurance in the amount of $1,000,000.
11.6 General Requirements. All of Consultant's and its sub - contractor's policies of
insurance shall:
•
A. Name City, its officers, ofcials, employees, agents,
representatives and volunteers (collectively hereinafter "City and City
Personnel ") as additional insureds and contain no special limitations on the
scope of protection afforded to City and City Personnel;
B. Be primary insurance and shall provide that any insurance or
self-insurance maintained by City or City Personnel shall be in excess of
Consultant's insurance and shall not contribute with it;
C. Be "occurrence" rather than "claims made" insurance;
D. Apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability;
E. Be endorsed to state that the insurer shall waive all rights of
subrogation against City and City Personnel; and
F. Be written by good and solvent insurer(s) admitted to do
business in the State of California and acceptable to City.
11.7 Deductibles. Any deductibles or self-insured retentions must be declared
to and approved by City prior to the execution of this Agreement by City.
11.8 Notice of Policy Changes. Each such insurance policy shall be endorsed
to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or
in limits, non - renewed, or materially changed for any reason, without thirty (30) days
prior written notice thereof given by the insurer to City by U.S. mail, certified, or by
personal delivery. In addition to such notice provided to City by the insurer,
Consultant shall also provide City with thirty (30) days prior written notice, by certified
mail, return receipt requested, of the suspension, voiding, cancellation, reduction in
coverage or in limits, non - renewal, or material change for any reason, of any such
insurance policy or policies.
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11.9 Evidence of Coverage. Consultant shall furnish City with certificates of
insurance demonstrating the coverage required by this Agreement which shall be
received and approved by City not less than five (5) working days before work
commences. The duplicate originals and original endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf. The procuring of such insurance or the delivery of duplicate originals and
endorsements evidencing the same shall not be construed as a limitation on Consultant's
obligation to indemnify City and City Personnel.
12. Indemnification. Consultant shall indemnify, defend, and hold City and City
Personnel harmless from and against any and all actions, claims, demands, judgments,
attomey's fees, costs, damage to persons or property, penalties, obligations, expenses
or liabilities that may be asserted or claimed by any person or entity arising out of the
negligent acts, errors, or omissions of Consultant, its employees, agents,
representatives or subcontractors in the performance of any tasks or services for or on
behalf of City, whether or not there is concurrent active or passive negligence on the
part of City and /or City Personnel; provided, however, that the Consultant shall not be
required to indemnify, defend or hold harmless City or City Personnel against claims
arising from the sole active negligence or willful misconduct of City or City Personnel.
In connection therewith:
12.1 Consultant shall defend, with Counsel acceptable to City, any action or
actions filed in connection with any such claimed damage, injury, penalty, obligation or
liability, and shall pay all costs and expenses, including attorney's fees, incurred
therewith.
12.2 In the event City and/or any City Personnel is made a party to any action
or proceeding filed or prosecuted for any such claimed damage, injury, penalty,
obligation or liability, Consultant shall defend City and pay to City any and all costs and
expenses incurred by City in such action or proceeding, together with actual attorney's
fees and expert witness fees.
13. Compliance with Laws. The Consultant shall put forth reasonable professional efforts
to comply with applicable laws, codes and regulations in effect as of the date of the
execution of this Agreement. Materially increased or duplicative services occasioned by
design changes made necessary by newly enacted laws, codes and regulations after this
date shall entitle the consultant to a reasonable adjustment in the schedule and
additional compensation commensurate with any agreed -upon modification in the
Scope of Work provisions of this Agreement.
14. Independent Contractor. Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly
independent contractor. City shall not in any way or for any purpose become or be
deemed to be a partner or employer of Contractor in its business or otherwise, or a
joint venturer, or a member of any joint enterprise with Contractor. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees are
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agents or employees of City. Neither Contractor nor any of Contractor's employees
shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or
other fringe benefits from City; and neither Contractor nor any of its employees shall be
paid by City any wage or overtime benefit. City is under no obligation to withhold
State and Federal tax deductions from Contractor's compensation. Neither Contractor
nor any of Contractor's employees shall be included in the competitive service, have
any property right to any position, or any of the rights a City employee might otherwise
have in the event of termination of employment.
15. Covenant Against Discrimination. Consultant covenants for itself, its heirs,
executors, assigns, and all persons claiming under or through it, that there shall be no
discrimination against any person on account of race, color, creed, relation, sex, marital
status, national origin, or ancestry, in the performance of this Agreement. Consultant
further covenants and agrees to comply with the terms of the Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) as the same may be amended from
time to time.
16. Termination By City. City reserves the right to terminate this Agreement at any time,
with or without cause, upon written notice to Consultant. Upon receipt of any notice
of termination from City, Consultant shall immediately cease all services hereunder
except such as may be specifically approved in writing by City. Consultant shall be
entitled to compensation for all services rendered prior to receipt of City's notice of
termination and for any services authorized in writing by City thereafter.
17. Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as
a waiver. A party's consent to or approval of any act by the other party require the
party's consent or approval shall not be deemed to waive or render unnecessary the
other party's consent to or approval of any subsequent act. Any waiver by either party
of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
18. Legal Actions. The Municipal and Superior Courts of the State of California in the
County of Orange shall have the exclusive jurisdiction of any litigation between the
parties arising out of this Agreement. This Agreement shall be governed by, and
construed under, the laws of the State of California. The rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
19. Attorneys' Fees. If either party to this Agreement is required to initiate or defend, or
is made a party to, any action or proceeding in any way connected with this Agreement,
the party prevailing in the final judgment in such action or proceeding, in addition to
any other relief which may be granted, shall be entitled to litigation costs, including
actual attorney's fees and expert witness fees.
20. Force Maieure. The time period specified in this Agreement for performance of work
may be extended by City because of any delays due to unforeseeable causes beyond the
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control and without the fault or negligence of Consultant, including, but not restricted
to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes,
floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and /or acts of any governmental agency, including City, provided that
Consultant shall within ten (10) days of the commencement of such delay notify City in
writing of the causes and length of the delay. If Consultant gives notice of such delay,
City shall ascertain the facts and the extent of delay, and extend the time for performing
the services for the period of the enforced delay, when and if in the judgement of City,
such delay is justified. City's determination shall be made in writing, and shall be final
and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against City for any delay in the performance of this
Agreement, however caused. Consultant's sole remedy shall be extension of this
Agreement.
•
21. Notices. Unless otherwise provided herein, all notices required to be delivered under
this Agreement or under applicable law shall be personally delivered, or delivered by
United States mail, prepaid, certified, return receipt requested, or by reputable
document delivery service that provides a receipt showing date and time of delivery.
Notices personally delivered or delivered by a document delivery service shall be
effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the
second calendar day following dispatch. Notices shall be delivered to the following
addresses:
To City: Director of Public Works
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
To Consultant: Hunter and Associates
13310 Firestone Blvd., Ste A -2
Santa Fe Springs, CA 90670
22. Time of Essence. Time is of the essence in the performance of this Agreement.
23. Interpretation: Severability. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply. The Section headings are for purposes of
convenience only, and shall not be construed to limit or extend the meaning of this
Agreement. Each provision of this Agreement shall be severable from the whole. If
any provision of this Agreement shall be found contrary to law, the remainder of this
Agreement shall continue in full force.
24. Corporate Authority. The person(s) executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by
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so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
for Contract Services as of the date first set forth above.
CITY OF cArBEAC CONSU T
By: J By: 4i A.,;,f
•
Its: /Cit Mana: er Its: P1ist cteAr
Attest: By:
/AL ,. /L .4_ Its:
Ci y Clerk
APPROVED AS TO FORM:
/0___ _ _ /1. / A . � I
Quinn Barrow
City Attorney
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• •
200 GENERAL REQUIREMENTS FOR THE SCOPE OF WORK
200.1 EXAMINATION OF RFP/RFQ DOCUMENTS: The Consultant shall be solely
responsible for examining the City's RFP/RFQ documents, including any addenda issued, and
for informing itself with respect to any and all conditions which may in any way affect the
amount or nature of the proposal, or the performance of the Services in the event the
Consultant is selected. No relief for error or omission will be given.
200.3 E MAIL: The Consultant shall supply and maintain individual Internet E — mail
addresses for each of the project managers and principals involved in the project and other
consultant personnel as the City deems necessary.
200.4 INVOICES: The Consultant shall submit not more than one invoice a month and shall
obtain a copy of the accounts payable schedule. The invoice will be in a format that is
acceptable to City Engineering Staff and shall detail individual personnel who worked on the
project, specific tasks performed, hours worked, billing rate, total costs, and previous billing
history, percentage of work completed, percentage of dollars spent. The Consultant shall
prepare invoices that show costs against each major milestone task.
The Consultant shall notify the City when the cumulative compensation payable under this
Contract has reached 75% of the Contract not to exceed price. If at any time the Consultant
has reason to believe that the total cost to the Authority for the performance of this Contract
will be greater or substantially less that the Contract not to exceed price, the Consultant shall
notify the Consultant in writing to that effect and give its revised estimate of the total cost for
the performance of this Contract. The notice shall state the estimated amount of additional
funds required to continue performance for the remainder of the contract term. In no event is
the Consultant authorized to exceed the "not to exceed price" without prior written approval
from the City.
200.5 COMPUTER FILES: The Consultant shall supply the City with a digital and editable
copy of all files that are included in the hard copy of the report. The Consultant shall use or
transfer into the following formats: Word Processing: Microsoft Word, Spreadsheets: Excel,
Databases: Filemaker Pro, Microsoft Access, GIS: ArcView, Drawings: Autocad. All final
plans shall be submitted also on CD readable by City computers. All digital files shall be
submitted on a CD ROM.
The City shall have the right to use, duplicate, modify or disclose the technical data and the
information contained therein.
The Consultant agrees to provide any proprietary software or data used in conjunction with the
project to the City, if requested, as long as the City pays for any additional licensing costs.
200.6 KEY PERSONNEL: The Consultant shall not reassign any personnel mentioned in the
RFQ/Interview process unless under extraordinary circumstances. The Consultant shall secure
the prior written approval the City for any change or reassignment of the key personnel,
submitting written documentation of the new individual's qualification.
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. •
The Consultant's project manager shall supervise and direct the services, and have overall
responsibility for the services in accordance with the Consultant agreement and Scope of
Work. The Consultant shall be solely responsible for implementation of all services, means,
methods, techniques, sequences, and procedures and for coordination of all portions of the
services.
All workers shall have sufficient skill and experience to perform the work assigned to them.
The City shall have the right, in its absolute discretion to require the removal of the
Consultant's personnel at any level assigned to the performance of the Services at no additional
fee to the City, if the City considers such removal necessary and in its best interest and request
such removal in writing. Further, an employee who is dismissed for any of the above reasons
shall not be re- employed on this Contract.
200.7 UNAUTHORIZED WORK: Any services not required by the terms of the final scope
of work or proposal that are performed without written authority from the City, will be
considered as unauthorized and at the sole expense of the Consultant. Services so performed
will not be paid for, and no extension in the period of performance shall be granted on account
thereof.
200.8 AUDITS: The Consultant shall keep and maintain full and complete records and books
of account of its costs and expenses relating to the performance of the Services, in accordance
with generally accepted accounting practices. Such records and accounts shall permit the
Consultant to furnish the City, upon written notice, an accurate written allocation of the costs
to the various elements of the Services, as may be required by the Authority. Upon reasonable
advance written notice the City or its representatives shall have the right to examine, any
books, records, accounts, and other documents of the Consultant directly pertaining to costs
when such costs are the basis of a claim or of reimbursement to the Consultant hereunder. The
Consultant will make reasonable efforts to assure that the any such representative is not a
competitor of the Consultant to which the disclosure of such cost information would have a
detrimental effect on the Consultant's business. The Consultant shall keep and preserve all
such books, records, accounts, and other documents for a period of at least three years after
completion of the Services and Final Payment or if this Contract is terminated in whole or in
part after the final termination agreement.
200.9 CONSULTANT'S INTERACTION WITH MEDIA AND THE PUBLIC: The
Consultant shall refer all inquiries from the news media to the City. If the Consultant receives a
complaint from a citizen or the community, the Consultant shall inform the City what action
was taken to alleviate the situation.
200.10 SUBCONTRACTORS /SUBCONSULTANT: The City reserves the right of prior
approval of all subcontractors and retains the right to request the Consultant to terminate any
subcontractor, for any reason appropriate by the City, by so notifying the Consultant in
writing. Should said notification be submitted to the Consultant, it shall terminate said
subcontractor immediately.
The City shall have no liability to any subcontractor(s) for payment for services under this
Contract or other work performed for Consultant. Any subcontract entered into by Consultant
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Ill •
■
under the contract shall duly note that the responsibility for payment for the technical services
or any other services performed shall be the sole responsibility of the Consultant.
200.11 DIRECT EXPENSES: It is expected that the Consultant has extensive knowledge and
experience performing this type of work. The Consultant shall prepare a not to exceed budget
for direct expenses and breakdown costs for services such as copying, blue prints, computer
time, reproduction, delivery, and any other foreseeable expense not covered in the Consultant's
hourly rates. Therefore, the Consultant shall receive no additional compensation beyond that
which is detailed in their budget. The City will not pay for mileage charges.
200.12 INSURANCE: The Consultant shall obtain a minimum of $1,000,000 worth of
professional error and omissions insurance prior to entering into an agreement with the City.
The insurance requirement is non - negotiable.
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201 SPECIFIC REQUIREMENTS FOR THE SCOPE OF WORK
The Consultant shall provide the following services on an on call basis to the City of Seal Beach:
• Program Management ofNPDES Program
• Municipal Activities
• Public Education
• Inspection Services
• Construction Support for New Development, Redevelopment and Municipal Construction
• Illegal Discharges/Illicit Connections
Prior to starting any work, the consultant shall submit a detailed task order scope, fee propsal,
schedule, and overall project estimate. No work shall begin without written approval by the
Engineering Division.
All work must be within the budgetary limits established in the project.
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Proposal for
® 77 NPDES/Stormwater Program Assistance
City of
•
b John L,_H unter Seal Beach
ANO ASSO�,ATES. N� September 19, 2006
f Genera/Scope of Services $ y = s '
'�i
The general scope of services provided .under this proposal will consist of environmental
consulting services for Stormwater NPDES related;_,inspections and WQMP/SWPPP
related industrial/commercial plan checks in general conformance with the Santa Ana
Region Permit:
California Regional Water Quality Control Board NPDES No. CAS618030
JLHA uses an integrated approach to NPDES services. For the purposes of this scope of
work, inspections, plan reviews, and other NPDES services such as illegal discharge
investigations when requested, are handled as an integrated system. For example,
when plans are reviewed and approved with post-construction BMPs, these sites are
automatically added to the inspection database. . This approach is both more cost-
effective and results in the City's better overall environmental performance.
This proposal is for.NPDES services for the City of Seal Beach for 2006-2007. The '
NPDES Permit requires implementation of the following activities. Ij ,
Task I: Program Management and Development
Task II: Municipal Activities
Task III: Public Education
Task IV: New Development/Redevelopment
Task V: Construction
Task VI: Existing Development
Task VII: Illegal Discharges/Illicit Connections
<;
JLHA staff will assist the City with the implementation of these tasks.
John L. Hunter and Associates (JLHA) has been conducting stormwater inspections,
enforcement, and stormwater plan reviews for our municipal clients since the outset of
the NPDES Programs (1985). JLHA has considerable experience in operating 'II
compliance-based and cost-effective programs for various municipalities within the
Orange, Los Angeles, and San Bernardino Counties.
C
•
2 €
Proposal for
j John LHunter NPDES/Stormwater Program Assistance
City of Seal Beach
too Ago ASSO� ArES. ��. September 19,2006
_ , ' L x Standatd Rate Schedu/e y``
For this proposal, the highlighted rates will be in place.
Principal
$120/hr
Senior Project Manager $100/hr
Project Manager $85/hr
Projed_Engineer $65/hr
Inspector/Project Technician $65/hr
Laborer (OSHA 40hr certified) $45/hr"
State Certified Laboratory Analysis Cost+ 15%
Legal Consultation, Court Appearances/Document review, etc. II
$150/hr
Inspection -Auto facilities $85/inspection
Inspection =.Industrial/Commercial.facilities t $105/inspection
Inspection:,Restaurant ' i
$65/inspection
24-hr industrial wastewater composite sampling (including setup) $125/location
24-hr ambient air sampling $50/day
Sewer capacity monitor (excluding set up) $1,250/week
Specific chemical air monitor $40/day ' 1
Photo ionization/Flame ionization detector $50/day lF
Combustible gas monitor $50/day
Shallow soil or sludge sampling equipment $35/day
Subcontracted equipment Cost + 15%
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For Weekends, Holidays or evenings add 50%to listed price
Prices effective as of January 1, 2005
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