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Los Angeles County Flood Control District - FY2021-059 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES, THE CITY OF PALOS VERDES ESTATES, THE CITY OF ROLLING HILLS ESTATES, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES REGARDING THE ADMINISTRATION AND COST SHARING FOR REVISION OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM AND REASONABLE ASSURANCE ANALYSIS FOR THE PENINSULA EWMP AGENCIES This Memorandum of Understanding (MOU) is made and entered into as of the date of the last signature set forth below and between THE CITY OF RANCHO PALOS VERDES, a body corporate and politic, THE CITY OF PALOS VERDES ESTATES, a body corporate and politic, and THE CITY OF ROLLING HILLS ESTATES, a body corporate and politic, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a political subdivision of the State of California, and THE COUNTY OF LOS ANGELES (LA County), a political subdivision of the State of California Collectively, these entities shall be known herein as "PARTIES" or individually as "PARTY " WITNESSETH WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (Regional Board) adopted the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No R4-2012-0175 (current MS4 Permit), and WHEREAS, the current MS4 Permit became effective on December 28, 2012 and requires that the LACFCD, LA County, and 84 of the 88 cities (excluding Avalon, Lancaster, Long Beach, and Palmdale) within the County of Los Angeles comply with the prescribed elements of the current MS4 Permit, and WHEREAS, the Regional Board is expected to adopt the proposed MS4 Permit in 2021 which will require that the LACFCD, LA County, 85 of the 88 (excluding Avalon, Lancaster, and Palmdale) within the County of Los Angeles, Ventura County Watershed Protection District, the County of Ventura, and all 10 cities within the County of Ventura cities comply with the prescribed elements of the next MS4 Permit, and WHEREAS, the State Water Resources Control Board which oversees the Regional Board has adopted the State Board Order on November 17, 2020 to revise EWMPs in accordance with Revised Reasonable Assurance Analysis by June 30, 2021, and WHEREAS, the PARTIES, have agreed to collaborate on the compliance of certain HOA 103125333 1 65276 00001\33593849 1 1 of 20 elements of the current and proposed MS4 Permit, and WHEREAS, the PARTIES through their Consultants prepared a Enhanced Watershed Management Program (EWMP) Scope of Work as shown in Exhibit D and a Reasonable Assurance Analysis (RAA) Scope of Work shown in Exhibit E, and WHEREAS, the PARTIES propose for Consultants to prepare and deliver a revised Final EWMP and a revised Final RAA in compliance with certain elements of the current and proposed MS4 Permit, at a total cost of approximately two hundred sixty two thousand six hundred fifty dollars ($262,650 00) as shown in Table 1 of Exhibit A, and WHEREAS, the PARTIES have determined that hiring Consultants to prepare and deliver the revised EWMP and RAA will be beneficial to the PARTIES and they desire to participate and will provide funding in accordance with the cost allocation in Table 3 of Exhibit A, and WHEREAS, the CITY OF RANCHO PALOS VERDES will act on behalf of the PARTIES in the administration of the consultant service agreements for the preparation of the revised EWMP and RAA, and WHEREAS, the PARTIES established an EWMP Working Group (comprised of designated staff from each PARTY) to provide technical oversight and project management for the development of the EWMP and RAA, and WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the current and proposed MS4 Permit despite the collaborative approach of the MOU NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, it is hereby agreed as follows Section 1 Recitals The recitals set forth above are fully incorporated as part of this MOU Section 2 Purpose The purpose of this MOU is to cooperatively fund the preparation and submittal, to the Regional Board, of the revised EWMP and RAA Section 3 Cooperation The PARTIES shall fully cooperate with one another to attain the purpose of this MOU Section 4 Voluntary this MOU is voluntarily entered into for the purpose of preparing and submitting to the Regional Board the revised EWMP and RAA Section 5 Term This MOU shall become effective on the latest date of execution by a PARTY, and shall remain in effect until the Regional Board's final approval date of the HOA 103125333 1 65276 00001\33593849 1 2 of 20 last outstanding portion of the revised EWMP and RAA, or until the CITY OF RANCHO PALOS VERDES has provided written notice of completion of the scope of work described hereto, and payment by all PARTIES of their allocated pro-rata share hereunder Section 6 Assessment for Proportional Cost for REVISED EWMP and RAA The PARTIES agree to pay the CITY OF RANCHO PALOS VERDES for preparation and delivery of the revised EWMP and RAA in the amounts shown in Table 3 of Exhibit A, based on the cost allocation formula shown in Table 2 of Exhibit A, attached hereto and made part of this MOU by this reference The CITY OF RANCHO PALOS VERDES will invoice the PARTIES upon execution of this MOU as shown in Table 3 of Exhibit A, based on the allocated costs for revising the EWMP and RAA and the project administration and management costs at a percentage of three percent (3%) of the allocated costs for revision of the EWMP and RAA At the end of each fiscal year, the CITY OF RANCHO PALOS VERDES will provide the PARTIES with a statement with the actual contracted expenditures Unexpended cost at the termination of this MOU will be reimbursed to the PARTIES Section 7 CITY OF RANCHO PALOS VERDES Agrees a To utilize the funds deposited by the PARTIES only for the administration of the Consultants contracts, project management, and the preparation and completion of the revised EWMP and RAA b To provide the PARTIES with an electronic copy of the draft and final revised EWMP and RAA as submitted to the Regional Board within 5 business days of receipt from the Consultants c To provide an accounting at the termination of the MOU or cancellation thereof and return the unused portion of all funds deposited with the CITY OF RANCHO PALOS VERDES using the cost allocation formula in Table 2 of Exhibit A d To notify the PARTIES if the actual cost of the preparation of the revised EWMP and RAA will exceed the cost estimates shown in Exhibit A and obtain written approval of the increase from the PARTIES Upon approval of the cost increase by the PARTIES, the CITY OF RANCHO PALOS VERDES will invoice the PARTIES per the cost allocation formula in Table 2 of Exhibit A The PARTIES shall have 30 days from receipt of the invoice to provide the payment to CITY OF RANCHO PALOS VERDES Section 8 The PARTIES further agree a To make a full faith effort to cooperate with one another to achieve the purposes of this MOU by providing information about project opportunities, reviewing deliverables in a timely manner, and informing their respective administration, HOA 103125333 1 65276 00001\33593849 1 3 of 20 agency heads, and/or governing body b To fund the cost of the preparation and delivery of the revised EWMP and RAA and to pay the CITY OF RANCHO PALOS VERDES for the preparation and delivery of the revised EWMP and RAA based on the cost allocation shown in Table 2 of Exhibit A within 30 days of receiving an invoice c To grant reasonable access rights and entry to the Consultants, on an as- needed basis during the terms of this MOU to any PARTY'S facilities (i e storm drains, channels, catch basins, properties, etc ) (FACILITIES) to achieve the purposes of this MOU, provided, however that prior to entering any PARTY'S facilities, the CITY OF RANCHO PALOS VERDES or the Consultants shall provide written notice to such PARTIES at least 72 hours in advance For the purposes of this provision, written notice shall include notice delivered via e- mail that has been delivered to the applicable PARTIES' representative identified on Exhibit B The CITY OF RANCHO PALOS VERDES shall require that the Consultants retained pursuant to this MOU to agree to indemnify, defend and hold harmless each PARTY, its special districts, their elected and appointed officers, employees, and agents, from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with the Consultants' performance of its agreement with the CITY OF RANCHO PALOS VERDES In addition, the CITY OF RANCHO PALOS VERDES shall require the Consultants to carry, maintain, and keep in full force and effect an insurance policy or policies, and each PARTY, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the Consultants' work These requirements will also apply to any subcontractors hired by the Consultants This indemnification is in addition to the other indemnities made herein d The PARTIES are, and shall at all times remain as to each other, wholly independent entities e Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference f This MOU shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY, provided, however, neither PARTY may assign its respective rights or obligations under this MOU without the prior written consent of the other PARTIES HOA 103125333 1 65276 00001133593849 1 4 of 20 g This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California h If any provisions of this MOU shall be determined by any court to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be affected, and this MOU shall be construed as if the invalid, illegal, or unenforceable provisions had never been contained in this MOU i All PARTIES have been represented by counsel in the preparation and negotiation of this MOU Accordingly, this Agreement shall be construed according to its fair language Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOU as specified in section 12(e) j Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOU on behalf of such PARTY k Each PARTY shall have no financial obligation to the other PARTIES of this MOU, except as herein expressly provided Section 9 Invoice and Payment a Payment The PARTIES shall reimburse the CITY OF RANCHO PALOS VERDES for their proportional share of the cost for preparation and delivery of the revised EWMP and RAA and project administration and management costs as shown in Table 3 of Exhibit A within thirty (30) days of the invoice from the CITY OF RANCHO PALOS VERDES Invoice The CITY OF RANCHO PALOS VERDES will invoice PARTIES as shown in Table 3 of Exhibit A b Late Payment Penalty Any payment that is late shall be subject to interest on the original amount due from the date that the payment first became due The Interest rate shall be ten percent(10%)simple interest per annum If the PARTY or PARTIES remains delinquent beyond 60 days after the due date, then the CITY OF RANCHO PALOS VERDES may notify the Regional Board that the delinquent PARTY is no longer a participating member of the EWMP, and said PARTY or PARTIES shall then be deemed to have terminated its participation as a PARTY to this MOU ("EXCLUDED PARTY") and their name(s) may be removed from the EWMP Any EXCLUDED PARTY's delinquent amount(s)will be paid in accordance with the remaining PARTIES' pro-rata share pursuant to Table 3 of Exhibit A, as adjusted to remove the EXCLUDED PARTY from the HOA 1031253331 6527600001\33593849 i 5 of 20 allocation The CITY OF RANCHO PALOS VERDES will revise Table 3 of Exhibit A to show the recalculated costs for each remaining participating PARTY, these revised exhibits will be included with the next invoice to the PARTIES The PARTIES shall retain all contractual, legal, and equitable rights and causes of action to recover any delinquent amounts owed by an EXCLUDED PARTY or PARTIES who failed to make such payments Section 10 Indemnification a To the fullest extent permitted by law, each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with the respective acts of each PARTY arising from or related to this MOU, provided, however, that no PARTY shall indemnify another PARTY for that PARTY'S own negligence or willful misconduct b In light of the provisions of Section 895 2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of such Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895 4 and 895 6 of such Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees, by law for injury caused by any act or omission occurring in the performance of this MOU to the same extent such liability would be imposed in the absence of Section 895 2 of said Code To achieve the above-stated purpose, each PARTY shall indemnify, defend, and hold harmless the other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of Section 895 2 The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein Section 11 Termination or Amendment a A PARTY may withdraw from this MOU upon 60 days' advance written notice to the other PARTIES, subject to payment of any invoice received from CITY OF RANCHO PALOS VERDES prior to or during the 60-day notice period for its share of the cost of the work completed as of the date of its notice of withdrawal, calculated in accordance with the cost-sharing percentages set forth in Table 3 of Exhibit A The effective withdrawal date shall be the sixtieth (60th) day after CITY OF RANCHO PALOS VERDES receives the withdrawing PARTY's notice to withdraw from this MOU CITY OF RANCHO PALOS VERDES shall refund to the withdrawing PARTY any uncommitted and unused HOA 103125333 1 65276 00001\33593849 1 6 of 20 funds paid by the withdrawing PARTY's effective withdrawal date All PARTIES understand, acknowledge, and agree that withdrawal from this MOU will terminate any responsibility, liability, or obligation of the withdrawing PARTY under this MOU commencing on the effective withdrawal date and that the withdrawing PARTY shall remain liable for its share of any loss, debt or liability incurred prior to the withdrawal date, and for any work which could not be suspended Withdrawal from this MOU does not release any PARTY from the obligations set forth in current and next MS4 Permit b If a substantial change is made to the current and next MS4 PERMIT with regards to compliance through EWMP or other circumstances necessitate an amendment, this MOU may be amended through mutual agreement of all PARTIES specified in section 12(e) c If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, that PARTY shall forfeit its rights to work completed through this MOU, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default Section 12 General Provisions a Notices Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement or other communication required or permitted hereunder shall be in writing and shall be delivered to the Representative of the PARTY at the address set forth in Exhibit B PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B Written notice shall include notice delivered via email or fax A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by email, or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B b Administration For the purpose of this MOU, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective PARTY Each of the persons signing below on behalf of a PARTY represents and warrants that they are authorized to sign this MOU on behalf of such PARTY c Relationship of Parties The PARTIES are and shall remain at all times as to each other, wholly independent entities No PARTY to this MOU shall have HOA 1031253331 65276 00001\33593849 1 7 of 20 power to incur any debt, obligation, or liability on behalf of another PARTY unless expressly provided to the contrary by this MOU No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY d Binding Effect This MOU shall be binding upon and inure to the benefit of each PARTY to this MOU and its respective heirs, administrators, representatives, successors, and assigns e Amendment The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by all PARTIES f Waiver Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant Waiver by any PARTY to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU g Law to Govern, Venue This MOU shall be interpreted, construed and governed according to the laws of the State of California In the event of litigation between the PARTIES, venue in the state trial courts shall lie exclusively in the County of Los Angeles h No Presumption in Drafting The PARTIES to this MOU agree that the general rule that an MOU is to be interpreted against the PARTY drafting it, or the PARTY causing it to be prepared, shall not apply i Entire MOU This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof and superseded all prior or contemporaneous agreements, whether written or oral, with respect thereto j Severability If any term, provision, condition or covenant of this MOU is declared or determined by any court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this MOU shall be read and constructed without the invalid, void, or unenforceable provision(s) k Counterparts This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU I All PARTIES have been represented by counsel in the preparation and negotiation of this MOU Accordingly, this MOU shall be construed according HOA 103125333 1 65276 00001\33593849 1 8 of 20 to its fair language IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES HOA 103125333 1 65276 00001\33593849 1 9 of 20 CITY OF RANCHO PALOS VERDES Date B I / Eric Ale. is Mayor ATTEST Cr 'c OF Teresa Takaoka City Clerk APPROVED AS TO FORM City Attorney By )dam, i 1 William W \Weider f . I ? . r HOA 1031253331 65276 00091133543849 1- - -- - - 10 of 20 Y CITY OF PALOS VERDES ESTATES Date 4 / i 'W�1 By ""QLQ.fgr-------- Michael Kemps, Mayor ATTEST BY W,L POJ `vJ "Q1( ylynn Chaney v City Clerk APPROVED AS TO FORM City Attorney /Pt--/ 4-13-2021 - By John Cotte Date HOA 103125333] 65276 00001\33593849 1 11 of 20 CITY OF ROLLING HILLS ESTATES Date By Steven Zuckerman, Mayor ATTEST By Lauren Pettit City Clerk APPROVED AS TO FORM City Attorney By Donald M Davis Date HOA 103125333 1 65276 00001\33593849 1 12 of 20 LOS ANGELES C•UNTY FLOOD CONTROL DISTRICT 4 4//27 -z-/ - / ip Mark Pest -idento Chief Engin-- APPROVED AS TO FORM COUNTY COUNSEL Rodrigo A Castro-Silva BY94/LeAgi-tUtii nr,r7 6-e- Deputy Date HOA 103125333 1 6527600001\33593849 I 13 of 20 COUNTY OF LOS ANGELES 0 , r 8-VIL-ilL..716!. Z7/ZWIIark Pestrella44 Date irector of Public irks APPROVED AS TO FORM COUNTY COUNSEL Rodrigo A Castro-Silva County Counsel By n ( ,�?I�� / ,_ ��-21 C /0-2 eputy Date HOA 103125333 1 6)276 00001\33 93849 I 14 of 20 EXHIBIT A PENINSULA EWMP AGENCIES Funding Contributions Table 1: Total Cost. Item Total Cost TOTAL CONTRACT COST $262,650 Administration Cost (3%)' $7,650 LACFCD Allocation (10%)2 $26,265 Total Cost to be Distributed by Area $236,385 'Administration costs are estimated to be 3%of the Distributed Total Cost for each Peninsula EWMP Agency. 2 The Los Angeles County Flood Control District(LACFCD) has committed to contributing 10%of the Total Cost for their share in the development of the EWMP. Table 2: Cost Allocation Formula. Total Cost to be Distributed by Area = Contracts Cost +Administration Cost— LACFCD Allocation Distributed Cost by Area = (Total Cost to be Distributed by Area) x Agency Percent of Total Area Table 3: Allocated Costs Among Peninsula EWMP Agencies. Area Agency Allocated Allocated Agency (Sq. Percent of Cost of Cost of Total Cost Miles) Total Area Revised EWMP Revised RAA Rancho Palos Verdes 13.5 60% $31,733.67 $109,469.76 $141,203.43 Palos Verdes Estates 4.8 21% $11,283.08 $38,922.58 $50,205.66 Rolling Hills Estates 3.6 16% $8,462.31 $29,191.94 $37,654.25 The County of Los 0.7 3% Angeles $1,645.45 $5,676.21 $7,321.66 LACFCD (10%) -- -- $5,902.72 $20,362.28 $26,265.00 TOTAL 22.6 100% $59,027.24 $203,622.76 $262,650.00 HOA.103125333.1 65276.00001\.33593849.1 15 of 20 EXHIBIT B PENINSULA EWMP AGENCIES Agencies Representatives - EWMP Working Group 1. City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Party Representative: Charles Eder E-mail: charlese@rpvca.gov Phone: (310) 544-5282 Fax: (310) 544-5292 2. City of Palos Verdes Estates Department of Public Works 340 Palos Verdes Drive West Palos Verdes Estates, CA 90274 Party Representative: Tim Jonasson Email: tjonasson.hrgreen@pvestates.org Phone: (760) 250-6722 Fax: (310) 375-5918 3. City of Rolling Hills Estates Department of Public Works 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274 Party Representative: David Wahba E-mail: davidw@rollinghillsestatesca.gov Phone: 310-377-1577 x-103 Fax: (310) 377-4468 4. Los Angeles County Flood Control District Department of Public Works Stormwater Quality Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Paul Alva E-mail: palva@dpw.lacounty.gov Phone: (626) 458-4325 HOA.103125333.1 65276.00001\33593849.1 16 of 20 Fax: (626) 457-1526 5. County of Los Angeles Department of Public Works Stormwater Quality Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Paul Alva E-mail: palva@dpw.lacounty.gov Phone: (626) 458-4325 Fax: (626) 457-1526 HOA.103125333.1 65276.00001\33593849.1 17 of 20 EXHIBIT C PENINSULA EWMP ANGENCIES Peninsula EWMP Areas ',` ,--7 . 1 �; C r 'I-- — r ` 1 'Verde es ' -1_, ....k_ g` .,<)Akk. rift* . .. ` "Z , . Rolling Hills • \y/....___41.::.....----- 5c, ,......).:, PN ,, Rolling -,.,� not a pa �� rte' -t z_----) l of EWMP ----!! • \ ��Ragc� Palos Verdes • i;tr::,/j: - 71 ___ StoDrains i ,.-,---, rm j —t___ _ CdyBoundary ?ix/ \ Machado Lake VVatershed Santa Monica Bay Watershed Greater LA Harbor Watershed L _los Angeles County Flood Control Okshct territory �..---' Figure 1: Peninsula EWMP Agencies Map. HOA.103125333.1 65276.00001\33593849.1 18 of 20 EXHIBIT D PENINSULA EWMP SCOPE OF WORK HOA.103125333.1 65276.00001\33593849.1 19 of 20 SOTAITTE° Enhanced Watershed Management Plan (EWvIP) Update , . , .f ' ' , , . , . , „ ,,,,,,,,..,, SCOPE OF WORK 2020.10.01 Prepared for The Oty cf Rancho Palos Verdes Attention Quarles Eder, PE R"epared by. John L Hater&Assodates 6131 Crangethorpe Ave 4300 Bjena Park CA90620 4,(,,,-,,,,,6 yktioek y,4 Mchelle aaffietd Jdm Hinter J JA R c ect Manager JLH4 Rindpal in Charge rrstaffielcigthanet jhuiterathanet Proposal for EWMP Update October 01,2020 Table of Contents Scope of Work 1 A. Task 1—Project Management, Coordination, and Meetings 2 B. Task 2—Enhanced Watershed Management Program Plan 2 II. Rate Schedule and Costs 4 A. 2020 Rate Schedule 4 B. Estimated Not-to-Exceed Costs 4 Proposal for EWMP Update October 01,2020 I. Scope of Work This section details the approach to the Scope of Work (SOW), which includes EWMP update services. Should the City require additional EWMP development services outside of the scope of this proposal, we are available to assist upon written agreement by the City and JLHA. The SOW and cost estimate is valid for 90 days from the date of submission. The National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4 permit)Order No. R4-2012-0175,which became effective on December 28, 2012,allows permittees to implement EWMPs to customize their stormwater management programs through integrated regional planning. The goal of an EWMP is to prioritize water quality issues, evaluate opportunities for collaborative multi-benefit regional projects, and identify additional watershed control measures that will achieve applicable water quality based effluent limitations (WQBELS) and Receiving Water Limitations (RWLs). Due to its unique character and features,the City of Rolling Hills will not be participating in the Peninsula Agencies EWMP; however it will be participating in a Coordinated Integrated Monitoring Plan (CIMP) along with the other Peninsula Agencies. The Team proposes to update the EWMP for submittal to the Regional Board. Based on the EWMP Work Plan, the Team will develop a final Draft EWMP for submittal to the Regional Board by June 30, 2021 as specified in the NPDES MS4 Permit. Implementation, unless specifically directed by the Peninsula EWMP Agencies, is not included in this scope of work. There are currently eight TMDLs in effect for the Peninsula EWMP Agencies in the Santa Monica Bay, Dominguez Channel, and Greater Los Angeles Harbor sub-watersheds. Significant work has already occurred on the Santa Monica Bay bacteria TMDL and the Machado Lake TMDLs. The Team will rely on these previous TMDL Implementation Plans and significantly expand the EWMP to update: • Characterization and prioritization of water quality issues, • Identification of strategies and control measures, and • Reasonable Assurance Analysis(computer modeling). 1 Proposal for EWMP Update October 01,2020 rt. Task 1 - Project ojel t Management, Coordination, and Meetings Table 4 lists our tasks to provide management services to ensure the project is delivered on schedule and within budget. • Deliverables: Project schedule, presentations, and summary notes. Table 4. Project Management,Coordination,and Meetings Tasks Description 4.2.a.1.i Project Schedule Provide a detailed schedule to complete all the tasks of this Scope of Work. The schedule may be updated as necessary and as approved by the City. 4.2.a.1.li Coordination Perform project management duties including coordinating with the PVP EWMP Agencies, coordinating calls, and providing an explanation of the work completed, work to be done, and work that was to have been done but not, with explanations. 4.2.a.1.iii Meetings Prepare presentations and summary notes. Incorporation in and/or extension of 3 or more of the PVP EWMP scheduled monthly meetings, in addition to a kick-off meeting, with Project Manager and PVP EWMP Agencies. B. Task 2 - Enhanced Watershed Management Program Plan Table 5 lists our tasks to update the Enhanced Watershed Management Program (EWMP) Plan. This Plan will propose a cost-effective, customized regional stormwater management program that meets the objectives of the MS4 Permit.The Team will update the EWMP Plan incorporating the RAA Update report which will summarize the process, modeling assumptions, and results of the tasks outlined in the RAA Update scope of work. A 'final' Draft EWMP Plan for submittal to the Regional Board will be submitted within two weeks of receipt of consolidated comments from the PVP EWMP Agencies in order to meet the June 30, 2021 deadline. • Deliverables: Draft report, Revised draft report (v2), Revised draft report (v3), and Final report Table 5. EWMP Plan Tasks Description 4.2.a.2.i Draft EWMP Plan The EWMP Plan will include preparation of a draft report to be reviewed by the PVP EWMP Agencies, revised draft based on input provided by PVP EWMP Agencies(a minimum of 90 days in advance of the June 30, 2021 deadline), and a revised draft report will be submitted as part of the updated EWMP for review by the Regional Board and public review. 4.2.a.2.ii Final EWMP Plan A final report incorporating Regional Board comments will be prepared for final submittal to the Regional Board along with the final updated EWMP. 4.3.a Contingency and Climate Change Modeling(if required by State Board) 2 Proposal for EWMP Update October 01,2020 Table 5.EWMP Plan Tasks Description As needed:the EWMP Plan may need to include additional EWMP or RAA components if the State con Water Resources Control Board of Regional Water Quality Control Boards propose new (cont.) requirements such as climate change modeling. 3 Proposal for EWMP Update October 01,2020 II. Rate Schedule and Costs A. 2020 Rate Schedule Principal $195 / hour Director $175 / hour Program Manager $175 / hour Staff Engineer $175 / hour Project Manager $165 / hour Assistant Project Manager $155 / hour Project Engineer $155 / hour Compliance Specialist II $125 / hour Project Analyst II $125 / hour Industrial/commercial facility inspection $125 / unit Compliance Specialist I $115 / hour Project Analyst I $115 / hour Administrative Assistant, Laborer(OSHA 40hr certified) $75 / hour State Certified Laboratory Analysis Cost+5% Legal Consultation, Court Appearances/Document review, etc. $250 / hour Subcontracted equipment Cost+5% This rate schedule is subject to consumer price index(CPI) increases in subsequent years. B. Estimated Not-to-Exceed Costs Table 6 lists the not-to-exceed cost breakdown by task. Work will be conducted on a time and materials basis. Table 6. Estimated Not-to-Exceed Costs Task name Cost Totals UPDATE OF THE EWMP $57,308 4.2.a.1—Project Management, Coordination,and Meetings $19,103 4.2.a.2—Prepare Draft and Final EWMP $38,205 CONTINGENCY AND CLIMATE CHANGE MODELING(IF REQUIRED BY STATE BOARD) $15,742 4.3.a—Contingency and Climate Change Modeling(if required by State Board) $15,742 Total $73,050 4 EXHIBIT E PENINSULA RAA SCOPE OF WORK HOA.103125333.1 65276.00001\33593849.1 20 of 20 Ge o sy�/m to V 6167 Bristol Parkway,Suite 390 L L Culver City,CA 90230 J✓ PH 310.957.6100 consultants Hww geos�ntec corn Date: October 1, 2020 To: John Hunter,John L. Hunter and Associates From: Geosyntec Consultants Subject: Palos Verdes Peninsula Cities Revised EWMP Proposal to Revise RAA in Accordance with MS4 Permit As specified in the 2012 Los Angeles MS4 Permit (NPDES Order No. R4-2012-0175, including subsequent amendments), each Permittee/Watershed Management Group (WMG) is required to submit an updated Enhanced Watershed Management Plan (EWMP)with an updated Reasonable Assurance Analysis(RAA)by June 30, 2021. This draft proposal has been prepared for John L. Hunter and Associates, representing the Palos Verdes Peninsula Cities (Peninsula) WMG, in support of these forthcoming revisions to the Peninsula EWMP. SCOPE OF WORK The drafted scope of work covers six project tasks. Task 1 —Project Management, Coordination, and Meetings All activities related to the management of the Project, including meeting attendance, coordination, communication, and scope/schedule/cost management will be provided under this task. Specifically, Task 1 includes the following: • Project scheduling; • Attendance at up to four WMG meetings for the duration of the contract; • Participation in Project-related calls; • Additional project management duties necessary to complete the Project, including coordination with the Project Manager, Peninsula EWMP Agencies, etc. Task 1 Deliverables • Summary notes from meetings. • Preparation of support material for meetings on an as-needed basis. Peninsula Cities Revised RAA Proposal_10012020 Peninsula Cities Revised EWMP Geosyntec October 1, 2020 ,u»ull,uil, Page 2 • Detailed Project schedule. Task 1 Assumptions • Due to the current COVID-19 pandemic and related restrictions/precautions on indoor gatherings, it has been assumed that all Group meetings will take place virtually. Task 2—Revised EWMP Planning As part of the original EWMP, an EWMP Work Plan was required to be submitted to the Regional Board.Although that is not a requirement for the revised EWMP,there are some key components of the Work Plan process that will be necessary to complete prior to the revised RAA being completed. These components include: • New and/or altered assumptions necessary to carry out the revised RAA (e.g., updates to the non-structural BMP credit); • Changes in modeling approach and strategy due to the use of WMMS 2.0 instead of SBPAT; and • Identification of new information required for the RAA update. This collaborative effort will aim to identify all stormwater controls that will need to be analyzed as part of the revised RAA/EWMP, including prioritization of regional projects to be considered within key subwatersheds. Task 2 Deliverables • A draft memorandum summarizing proposed changes to the RAA, including a summary of BMPs to be modeled. Task 2 Assumptions • In light of conversations to-date and following the general trend of other WMGs, Geosyntec is planning to use WMMS 2.0 as the model for completion of the RAA. • Confirmation of the various water body pollutant combinations, including the updated prioritized list based on recent water quality data, is expected to be provided to Geosyntec. • Minimal water quality data analyses are scoped. This information is assumed to be available for Geosyntec's use in planning and conducting the RAA. The format assumed for this information is Excel data tables,consistent with annual reporting information submitted by the Peninsula Cities. • A summary of structural control measures to be modeled, including alterations to BMPs originally identified in the Peninsula EWMP, will be provided to Geosyntec. • All memoranda will be submitted electronically in Word/PDF format. Peninsula Cities Revised RAA Proposal_10012020 -tiTneers I scientists I innovators Peninsula Cities Revised EWMP Geosyntec October 1, 2020 Page 3 • Unless otherwise directed, the deliverables will not be finalized, but will be incorporated into the revised RAA Report, as appropriate. Task 3 - Update of the Baseline Model Geosyntec will update WMMS 2.0 per the calibration requirements of the MS4 Permit and to the extent that relevant data is available. The update will seek to utilize all relevant subwatershed data collected within the last ten years. The model will be setup to account for each city within the Peninsula WMG, and the following receiving water bodies: • Machado Lake and Wilmington Drain: To the extent feasible, the baseline watershed model will include a method to account for baseline dry weather flows and associated pollutant loads in those baseline flows based on ten years of data collected by the Peninsula WMG at RHE City Hall and Valmonte monitoring locations. • Greater Los Angeles and Long Beach Harbor • Santa Monica Bay: It is assumed that modeling will not be necessary in the SMB watershed for identified pollutants. With respect to bacteria, it is assumed that the anti-degradation sites are in compliance with applicable receiving water limitations, and therefore, no modeling is necessary. With respect to PCBs and DDT, it is assumed that the watershed is in compliance with applicable limits based on collected water quality data. With respect to mercury and arsenic, it is assumed that recent outfall and receiving water data, coupled with a standard source assessment, will justify the exclusion of these parameters. Therefore, text to support these conclusions will be included in the RAA memo,but no modeling is anticipated. The model will be setup to account for evaluation of necessary capture volumes to achieve compliance, and with an understanding that downstream BMPs (e.g., within Machado Lake Watershed) will be relied upon by the Peninsula WMG. Task 3 Deliverables • A draft memorandum summarizing the following, to be incorporated into the RAA report: o Calibration efforts; o Modeled WBPCs, including desired output for each; and o Compliance data within the SMB watershed and supporting language. Task 3 Assumptions Peninsula Cities Revised RAA Proposal_10012020 .'ngineers I scientists I innovators Peninsula Cities Revised EWMP Geosyntec October 1, 2020 Page 4 • The model will be setup in accordance with the latest guidelines from the Regional Board. • WMMS 2.0 currently allows the modeling of the following pollutants: TSS,total zinc, total copper, total lead, total cadmium, total phosphorus, and total nitrogen. All other pollutants requiring modeling will be done via surrogate modeling(e.g., TSS, volume). • All memoranda will be submitted electronically in Word/PDF format. • Unless otherwise directed, the deliverables will not be finalized, but will be incorporated into the revised RAA Report, as appropriate. Task 4—Revised RAA This task will cover the updating and re-running the RAA. Geosyntec will coordinate with the Peninsula Agencies to compile all constructed/implemented projects, including regional and distributed projects, and planned/potential structural control measures to be included in the EWMP and represented in the RAA. For projects that are anticipated to be located outside the Peninsula WMG, the RAA will produce a necessary capture volume that is needed to meet the target load reductions for the individual pollutants. Geosyntec will also coordinate with the Peninsula Agencies regarding the modeling and accounting for non-structural BMPs. The RAA will then iteratively analyze various BMP scenarios in targeted watersheds to seek to identify a project implementation strategy that demonstrates reasonable assurance of compliance while also meeting the Peninsula Agencies needs with respect to siting, funding, scheduling, etc. Task 4 Deliverables • Revised RAA files, in electronic format. • Summary of RAA results, to be discussed for inclusion in the RAA Report. Task 4 Assumptions • Project information will be provided to Geosyntec for inclusion in the model. No new regional projects are planned on needing to be identified(i.e.,this scope does not include identifying and siting new projects). Task 5—Cost Optimization and Development of Implementation Strategy Geosyntec will coordinate with the Peninsula Agencies in evaluation of the cost-benefit effectiveness of structural control measures (in combination with non-structural control measures)resulting in recommendation of the most cost-effective combination of control measures to meet interim and final pollutant reduction goals. Peninsula Cities Revised RAA Proposal_10012020 -nwineers I scientists I innovators Peninsula Cities Revised EWMP Geosyntec' October 1, 2020 Page 5 This task includes an evaluation of the compliance strategy necessary to meet the final pollutant load reductions for Total Nitrogen and Total Phosphorus in the Machado Lake subwatershed on a mass-basis in comparison to the current concentration-based approach. Task 5 Deliverables • A memorandum summarizing implementation costs over the schedule lifetime. Task 5 Assumptions • Cost information will be taken from Sustain/WMMS 2.0. • The cost analysis will be consistent with the requirements of the Tentative Regional MS4 Permit. • All memoranda will be submitted electronically in Word/PDF format. • Unless otherwise directed, the deliverables will not be finalized, but will be incorporated into the revised EWMP and/or RAA Report, as appropriate. Task 6—RAA Report Based off of the revised RAA results and summary memoranda produced for Tasks 2-5, a complete RAA Report will be drafted for attachment to the Peninsula EWMP. The RAA Report will include preparation of a draft report to be reviewed by the Peninsula Agencies,with a targeted goal of providing this draft to the Peninsula Agencies by March 30, 2020. Following comments, the revised draft report will be submitted as part of the updated EWMP for review by the Regional Board and public review. A final report incorporating Regional Board comments will then be prepared for final submittal to the Regional Board along with the final updated EWMP. The RAA Report will include the following, in addition to the information contained in previous memoranda: • A summary of proposed projects, estimated performance by project, and jurisdictional breakdown in accounting for projects; • A description of the process for demonstrating the effects of the recommended watershed control measures on stormwater quality, non-stormwater quality, and receiving water limitations, TMDL wasteload allocations, WQBELs and other applicable targets at the watershed scale. • A BMP implementation schedule (compliance schedule), consistent with the updated requirements of SWRCB Files A-2386, A-2477, and A-2508. Peninsula Cities Revised RAA Proposal_10012020 Peninsula Cities Revised EWMP Geosyntec' October 1, 2020 Page 6 • A description of the"limiting pollutant" approach, if and as necessary, consistent with the requirements of SWRCB Files A-2386, A-2477, and A-2508. Task 6 Deliverables • Draft, Final Draft, and Final RAA Report Task 6 Assumptions • Minimal updates to the EWMP itself are scoped, as EWMP updates are assumed to be handled by JLHA. Geosyntec will provide input, as necessary. • For the purposes of cost estimating,40 hours of labor are assumed to be necessary to address comments from the Regional Board.No re-modeling is assumed based on Regional Board comments. SCHEDULE The draft final revised EWMP will be ready for submission to the Regional Board by June 30, 2021, with the first draft needing to be submitted to the Group prior to this to allow sufficient time for review, subsequent edits, and approval. Following receipt of comments from the Regional Board, it is anticipated that revisions will be finalized for re-submittal within three months. A detailed schedule for the Project will be created upon NTP. BUDGET The proposed services will be billed on a time and materials basis. A cost summary is provided below. Task Cost 1 —Project Management $12,500 2 —Revised EWMP Planning $14,750 3 —Update of the Baseline Model $37,800 4—Revised RAA $63,500 5 - Cost Optimization and Implementation Strategy $18,900 6—RAA Report $34,500 Total $181,950 Peninsula Cities Revised RAA Proposal_10012020 ''1“1111eOI-S I scientists I innovators