CC SR 20160621 J - John L. Hunter Agmt Stormwater Quality Consulting ServicesRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 06/21/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to award a Professional Services Agreement to John
L. Hunter and Associates, Inc., for stormwater quality consulting services.
RECOMMENDED COUNCIL ACTION:
1) Adopt the Enhanced Watershed Management Program (EWMP) developed by
the Peninsula Watershed Management Group (WMG) and recently approved by
the Regional Water Quality Control Board;
2) Award a four-year Professional Services Agreement to John L. Hunter and
Associates, Inc., in the amount of $690,784 for stormwater quality consulting
services including implementation of National Pollutant Discharge Elimination
System (NPDES) Permit requirements, implementation of the EWMP in
conjunction with other agencies party to the Peninsula WMG and coordination of
the CIMP on behalf of the Peninsula WMG; and,
3) Authorize the Mayor and City Clerk to execute the agreement subject to approval
as to form by the City Attorney.
FISCAL IMPACT: The anticipated costs for the first year of this program are included in
the proposed budget for FY16-17, no additional appropriation is required.
Amount Budgeted:
Additional Appropriation:
Account Number(s):
$462,000 (proposed for FY16-17)
None for FY16-17
101-3007-431-32-00
ORIGINATED BY: Andy Winje PE, Senior Engineer
REVIEWED BY: Michael Throne, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager.. -`
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with John L. Hunter and Associates, Inc.
(page A-1)
EXECUTIVE SUMMARY:
Since 1994, John L. Hunter and Associates, Inc. (JLHA) has provided the City with
professional stormwater quality consulting services to meet the ever-increasing
demands of the National Pollutant Discharge Elimination System (NPDES) program and
Municipal Separate Storm Sewer System (MS4) Permit requirements. The current
three-year contract expires at the end of the current fiscal year, and Staff is seeking to
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award a new contract to provide for these services. With the adoption by the Los
Angeles Regional Water Quality Control Board (Regional Board) of the new MS4 Permit
in 2012, the City is facing some additional compliance requirements for which Staff is
also seeking authorization to provide through the selected storm water quality
consultant. These new services are described below, following a brief recap of City
Council action to date.
BACKGROUND AND DISCUSSION:
For the 2012 MS4 Permit, the City elected a compliance path requiring development of
watershed -based monitoring and stormwater management programs known,
respectively, as the Coordinated Integrated Monitoring Program (CIMP) and Enhanced
Watershed Management Program (EWMP). City Council authorized this approach on
June 18, 2013, and approved MOUs with the other involved agencies on the Peninsula,
known as the Peninsula Watershed Management Group (Peninsula WMG), to develop
these documents on August 6, 2013. The City is the lead agency for the Peninsula
WMG and City Council, therefore, also authorized a contract with JLHA to develop
these plans on behalf of the Peninsula WMG, on October 1, 2013. The City collected
funds from these other agencies, in accordance with the MOUs, to pay for their
appropriate shares of these services.
A new MOU with the Peninsula WMG to implement the CIMP was approved by City
Council on April 5, 2016, along with a contract with Anchor QEA to provide the water
quality monitoring services for the CIMP. Their work will need technical oversight, data
analysis and reporting to ensure it meets the requirements of the MS4 Permit. In
addition, the City needs assistance to implement the requirements of the EWMP for the
City'. For the CIMP and EWMP scope items, the City requires the assistance of a
consultant knowledgeable not only in the field of stormwater quality, but also specific to
the requirements of the City and the Peninsula WMG. For this reason, Staff
recommends awarding the contract to JLHA for this work, along with the more historical
NPDES scope of work.
The scope for each of these tasks—RPV traditional NPDES work, RPV EWMP
implementation and Peninsula WMG CIMP oversight and reporting—is included in the
proposed agreement (Attachment A). The consultant has proposed to perform this work
on a time -and -materials basis for a sum not -to -exceed $690,784 over four years, with a
year one estimated expense of $201,571. A portion of the cost for the work to oversee
the CIMP will be reimbursed by the other CIMP agencies per the CIMP MOU. Staff
recommends a four-year contract to mimic the CIMP MOU duration, and to allow for two
iterations of the 2 -year Adaptive Management cycle prescribed in the EWMP.
Rather than the City taking the lead for the EWMP, engaging a consultant and charging the
other agencies, the agencies have each proposed to supply technical support commensurate with their
share of the EWMP responsibility. An MOU, currently being prepared for each agency's approval, will
confirm this task sharing agreement.
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Finally, Staff also recommends City Council adopt the final EWMP document, as
approved by the Regional Board. The City Council authorized submission of the Draft
EWMP document to the Regional Board for approval on June 16, 2015. After a few
rounds of comments and corrections, the final EWMP was approved by the Regional
Board on April 19, 2016. The document is large, but because it can be easily accessed
on the City's website (http://www.rovca._qovIDocumentCenterIView/8462), it is not
included as an attachment to this report.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
Discuss and take other action related to this item.
9
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
JOHN L. HUNTER & ASSOCIATES, INC.
- 1 - A-101203.0022/300143.2
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
JOHN L. HUNTER & ASSOCIATES
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 1st day of July, 2016 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and John L. Hunter & Associates, Inc. a California
Corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred
to as "Party" and hereinafter collectively referred to as the "Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated
herein by this reference, which may be referred to herein as the "services" or "work" hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, facilities, and sufficient staffing necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Consultant shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Consultant covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be both of good quality as well as fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
01203.0022/300143.2 -2- 2
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant's
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
01203.0022/300143.2 -3-
A-3
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less, or, an increase in the time to perform of up to one
hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken
either separately or cumulatively, must be approved by the City Council. It is expressly understood
by Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services and Section 1.1 of this Agreement. Consultant hereby acknowledges that it
accepts the risk that the services to be provided pursuant to the Scope of Services may be more
costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to
additional compensation therefor. City may in its sole and absolute discretion have similar work
done by other contractors. No claims for an increase in the Contract Sum or time for performance
shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit `B," if any, and any
other provisions of this Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Six Hundred Ninety Thousand Seven Hundred Eighty Four Dollars
($690,784) (the "Contract Sum"), unless additional compensation is approved pursuant to Section
1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
01203.0022/300143.2 -4-
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2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City's Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub -category), travel, materials, equipment,
supplies, and sub -contractor contracts. Sub -contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
"Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
01203.0022/300143.2 -5- 5
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the 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 the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer 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
judgment of the Contract Officer, such delay is justified. The Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant's sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
«D„
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
John L. Hunter
(Name)
Jillian Brickey
(Name)
Cameron McCullough
(Name)
President
(Title)
Program Manager
(Title)
Program Manager
(Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
01203.0022/300143.2 -6-6
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers, employees
or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Director of Public Works or his designee. It shall be the
Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of
the performance of the services and the Consultant shall refer any decisions which must be made
by City to the Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority, if specified in writing by the City Manager, to sign all documents on behalf of the City
required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant 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 with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
01203.0022/300143.2 -7-
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4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
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. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
4.6 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the parties to this Agreement and their
respective successors and assigns, and no other person or entity may have or acquire a right by
virtue of this Agreement.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
e uivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then
the general aggregate limit shall be twice the occurrence limit. If Consultant is a limited liability
company, the commercial general liability coverage shall be amended so that Consultant and its
managers, affiliates, employees, agents and other persons necessary or incidental to its operation
are insureds.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement. Consultant shall fully comply with the workers' compensation
law regarding Consultant and Consultant's employees, and shall carry a minimum of $1,000,000
per accident for bodily injury or disease. Consultant shall indemnify and hold City harmless from
any failure of Consultant to comply with applicable Workers' Compensation laws. City may offset
against the amount of any fees due to Consultant under this Agreement any amount due to City
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from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or
indemnification arising under this Subparagraph.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including `any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession with minimum limits of $2,000,000 per claim and in aggregate is required.
This coverage may be written on a "claims made" basis, and must include coverage for contractual
liability. The professional liability insurance required by this Agreement must be endorsed to be
applicable to claims based upon, arising out of or related to services performed under this
Agreement. The insurance must be maintained for at least 5 consecutive years following the
completion of Consultant's services or the termination of this Agreement. During this additional
5 -year period, Consultant shall annually and upon request of the City submit written evidence of
this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are amended or cancelled, the Consultant shall, prior to the amendment or cancellation date, submit
new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance, additional insured endorsement forms, or binders are approved by the City. City
reserves the right to inspect and copy complete, certified copies of and endorsements to all required
insurance policies at any time. Consultant will provide proof of renewal of such policies to the
City two weeks before expiration of any policy. Any failure to comply with the reporting or other
01203.0022/300143.2 -9- '
provisions of the policies including breaches or warranties shall not affect coverage provided to
City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL
THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. 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.
Any deductibles or self-insured retentions must be declared to and approved by City in
writing. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects City or its respective elected or appointed officers, officials,
employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses
and related investigations, claim administration, defense expenses and claims. The Consultant
agrees that the requirement to provide insurance shall not be construed as limiting in any way the
extent to which the Consultant may be held responsible for the payment of damages to any persons
or property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5.3. The hold harmless and indemnification provisions in
Subsection 5.3 of this Agreement shall apply regardless of whether or not any insurance policies,
including but not limited to Commercial General Liability Insurance, Automobile Liability
Insurance or Workers' Compensation Insurance, are determined to be applicable to the liability,
claim, tax, assessment, penalty or interest asserted against City
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5. 1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold
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01203.0022/300143.2
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or
liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors'
reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so, Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City's negligence, except that
design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk
Manager") due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
-11- A-11
01203.0022/300143.2
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant's business, custody of the
books and records may be given to City, and access shall be provided by Consultant's successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the Contract
Officer or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City's sole risk and without
liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
01203.0022/300143.2 -12- A-12
shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
"works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Consultant. Except where required by law, Consultant
shall not release or disclose any such information or work product to persons or entities other than
City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with
City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
01203.0022/300143.2 _13- A-13
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver.
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.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, 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.
01203.0022/300143.2 -14- A-14
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice
of termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non -terminating party with the opportunity
to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any
appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
the court allows which are incurred in such litigation. All such fees shall be deemed to have
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01203.0022/300143.2
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no unlawful discrimination against any person
or group of persons on account of race, color, creed, religion, sex including pregnancy, nursing or
childbirth, gender identity or expression, sexual orientation, marital status, national origin,
ancestry, age (40 and older), physical or mental disability or medical condition, genetic
information or other unlawful discrimination in the performance of this Agreement. Consultant
shall take steps to insure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex including pregnancy, nursing
or childbirth, gender identity or expression, sexual orientation, marital status, national origin,
ancestry, age (40 and older), physical or mental disability or medical condition, genetic
information or other protected classification.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
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01203.0022/300143.2
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos
Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
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 headings in
this Agreement are included solely for convenience of reference and shall not affect the
interpretation of any provision of this Agreement or any of the rights or obligations of the parties
to this Agreement.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and 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. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
01203.0022/300143.2
-17- A-17
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Consultant's Authorized Initials
9.7 Corporate Authority.
The persons 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 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. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01203.0022/300143.2 -18- A-18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Mayor
CONSULTANT:
JOHN L. HUNTER AND ASSOCIATES,
INC.
Lo
Name: John L. Hunter
Title: President
By:
Name: Jillian Brickey
Title: Secretary
Address: 6131 Oran etghorpe Avenue,
Suite 300
Buena Park, CA 90620
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-19- A-19
01203.0022/300143.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2015 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLES)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0022/300143.2
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2015 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0022/300143.2
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A-21
EXHIBIT "A"
SCOPE OF SERVICES
I. The general scope of services provided under this contract will consist of
environmental consulting services for National Pollutant Discharge Elimination
System (NPDES) stormwater related issues in general conformance with the Los
Angeles Countywide Municipal NPDES Stormwater Permit, Order R4-2012-0175
Municipal Separate Storm Sewer System Permit (MS4 Permit), the Peninsula
Watershed Management Group (WMG) Enhanced Watershed Management
Program (EWMP), the Peninsula WMG Coordinated Integrated Monitoring
Program (CIMP), and the City of Rancho Palos Verdes' municipal code. More
specifically, consultant John L. Hunter & Associates, Inc. (JLHA) will perform the
following Services:
Task 1— City's MS4 Permit Compliance Activities.
1. MS4 Permit Program Management and Watershed Management.
A. LA County Regional meetings (attend, report) - JLHA will attend MS4 permit related
meeting (e.g. LAPG) and provide summary to the City on an on-going basis as
needed.
B. Peninsula WMG meetings (agenda, attend, minutes) - JLHA will attend meetings and
inform the City on EWMP related matters on a monthly or bi-monthly basis
depending on the need and schedule of the WMG.
C. Newsletters, Presentations, Regional Board correspondence — JLHA will prepare bi-
monthly newsletters to inform the City of current NPDES regulatory matters,
correspond with and respond to the Regional Board, and provide presentation
materials and make presentations to and on behalf of the City on an on-going basis as
needed pursuant to the needs of the Peninsula WMG and Regional Board.
D. Annual Report and Machado Lake Report (preparation, submittal) — JLHA will
prepare the City's annual report and related Total Maximum Daily Load (TMDL)
reports for review by City and submittal to the Regional Board.
E. Assistance with City -specific Watershed projects and feasibility studies — JLHA will
assist the City in exploring potential compliance solutions such as green streets
and/or regional Best Management Practices to assist with EWMP compliance. JLHA
has included an annual allowance of $6,000 for this work. If cost estimates for this
work exceed this total allowance, notice will be provided to the City before the
allowance is exceeded.
2. MS4 Permit Industrial/commercial Program and Clean Bay Restaurant Program
Implementation.
01203.0022/300143.2
A-22
A. Inspections - There are approximately 10 auto/retail gas and 52 restaurant facilities
requiring inspections according to the following frequencies: (1) Auto/retail gas —
every 2.5 years (2) Restaurants — annually. The Clean Bay Restaurant Inspections
Program will be conducted for all restaurant sites.
i.Inspect and assess facilities listed as critical sources in accordance with the
municipal permit.
ii.Complete inspection reports including any relevant photographs & maps.
B. Enforcement Actions and Database Management.
i.A facility that is found to have minor corrections required (e.g. trash bin lids
open) will be sent a friendly follow-up letter approximately one month from
the date of the inspection, and will include additional educational materials.
ii.Any facility found to be in significant violation of the NPDES permit a Notice of
Violation (NOV) will be forwarded to the City contact for approval and
signature. Re -inspections will be conducted within the time frame listed in
the NOV.
3. MS4 Permit Illicit Connection Illicit Discharge (ICID) Detection and Elimination
Program Assistance.
A. Inspections and Enforcement Actions - The proposed ICID Program will consist of
the following:
i.Inspectors will be available to perform ICID investigations and required follow-
up inspections in response to citizen or City complaints, or observations of
violations of the City Stormwater Ordinance and Municipal Permit, ongoing
as needed.
ii.JLHA staff will assist the City in preparation of formal enforcement action, if
needed, for dischargers failing to correct significant violations.
iii.Conduct follow-up inspections with violations found under the Industrial and
Commercial inspection and Site Visit Program as necessary.
4. MS4 Permit Public Agency Activity Program Assistance and Staff Training.
01203.0022/300143.2
A. Public Works Field Training - One employee training session for appropriate City
personnel will be held on the topic of Public Agency Activity Program.
B. Integrated Pest Management (IPM) Plan — Develop IPM Policy for use by City staff.
C. Identified Facility Inventory — Establish and maintain inventory of 24 categories of
public facilities.
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D. 64 Activity Best Management Practice (BMP) List - Develop BMP "fact sheet" for
64 activities identified in MS4 Permit. Fact Sheets will provide guidance to City staff
on proper BMP practices and waste disposal.
5. MS4 Permit Public Outreach Program.
A. Material development — JLHA will assist with this task on request. Tasks may
include:
i.News articles containing news or information on stormwater issues will be
developed and pitched to local/City newspapers for release.
ii.The Point -of -Purchase outreach, which partners with local businesses within the
City whose clientele have a higher likelihood through their day to day
activities (such as do-it-yourselfers, auto repair) of potentially contributing to
stormwater pollution, will be developed and implemented at least once
annually.
iii.Continue with the existing program for annual implementation that reaches out to
restaurant owners and their employees about the effects patio and sidewalk
washing can have on stormwater pollution. Business outreach, sending
brochures to select businesses to remind them to implement stormwater Best
Management Plans.
6. MS4 Permit Planning and Land Development Implementation.
A. Planning and Land Development Training - One employee training session for
appropriate City personnel will be held on the topic of Planning and Land
Development Program
B. LID Plan Review — Review Low Impact Development (LID) Plans for compliance as
needed. Included in plan checks are size comparisons of the proposed treatment
systems to the land surface and potential rainfall, to ensure that the systems would
have sufficient capacity to adequately remove pollutants from stormwater runoff. An
annual allowance of $1,620 is included for this work.
C. Post -construction inspections — Perform required inspections of treatment systems
(e.g. biofiltration planter, infiltration trench) for projects with an approved LID Plan.
All projects approved since 2012 (a 2 -year cycle) are included.
7. MS4 Permit Construction Program Implementation.
A. Monthly Construction Inspections — Perform monthly inspections of State -permitted
construction sites one acre or greater.
B. Site Enforcement - JLHA staff will assist the City in preparation of formal
enforcement action, if needed, for dischargers with significant violations.
01203.0022/300143.2
A-24
C. Review SWPPPs — Review Stormwater Pollution Prevention Plans (SWPPPs) for
compliance as needed. An annual allowance of $1,080 is assumed for this work.
Task 2 — City's Share of Peninsula WMG EWMP Activities.
1. Watershed Meetings.
A. Coordination - Schedule monthly/bi-monthly meetings, prepare agendas and meeting
minutes on an on-going basis.
2. EWMP Implementation Memorandum of Understanding (MOU).
A. Development — Develop EWMP Implementation MOU for Palos Verdes Peninsula
Watershed Management Group to include description of implementation of Regional
Projects and delineation of responsibilities to meet EWMP commitments. This is a one-
time effort during the beginning of the EWMP Implementation phase.
3. External and Alternative Compliance Options.
A. Coordinate Pursuit of — May include pursuit and coordination of TMDL
reconsideration and Regional Projects with agencies outside of the Palos Verdes
Peninsula Watershed Management Group on an on-going, as -needed basis.
4. Public Agency Activities.
A. Construction Program Training — Develop and deliver 2 distinct training modules
customized for Palos Verdes Peninsula (Peninsula) cities each to be delivered on 2
separate occasions on the Peninsula so that City staffs/contractors have 2 choices of
dates for training.
B. Model Contract Language — Provide model contract language to transfer permit
responsibility for implementing Table 18 Activity BMPs and 12 required road
reconstruction BMPs per the MS4 Permit to contractors. This task will be
accomplished during the first quarter of EWMP Implementation.
5. Watershed Report of Waste Discharge (ROWD).
A. Preparation — Draft and finalize ROWD based on Watershed and Individual annual
reports including CIMP Integrated Monitoring Compliance Report and any new
information received since annual report preparation per the MS4 Permit. The
Watershed ROWD is due July 1, 2017 after the first year of implementation, and
thereafter, will coincide with the Adaptive Management schedule.
6. Adaptive Management.
01203.0022/300143.2
A. Evaluate EWMP — Prepare an evaluation of the EWMP every two years from the
date of program approval, April 19, 2016, adapting the EWMP to become more
effective per the requirements of the MS4 Permit. Modifications to the EWMP will
be implemented upon approval by the Regional Water Board Executive Officer or
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within 60 days of submittal if the Regional Water Board Executive Officer expresses
no objections.
7. Review and Edit Deliverables from Other Agencies.
A. Review and Coordination — Review shared EWMP scope of work deliverables
produced by other agencies party to the EWMP, or their consultants, and provide
comments on an on-going, as needed basis. Provide coordination on joint EWMP
Implementation activities on an on-going, as needed basis.
Task 3 — Annual CIMP Implementation MOU Activities.
1. Outfall Screening Program.
A. Non-Stormwater Source Identification (ID) Investigation — Investigate the remaining
75% of the prioritized outfalls with signification non-stormwater discharge by
December 28, 2017 for source identification.
B. Non-Stormwater Source ID Reporting — Prepare a report of the results of the source
identification investigation prior to the December 28, 2017 deadline upon completion
of the investigation.
2. Integrated Monitoring Compliance Report (IMCR).
A. IMCR — Prepare an IMCR annually per the requirements of the MS4 Permit.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. MS4 Permit Annual Report;
B. Bimonthly newsletters and NPDES meeting summaries;
C. Industrial/commercial and Clean Bay Restaurant program inventory, inspection
reports and violation notices;
D. Illicit discharge detection investigation reports and violation notices;
E. Training presentations and template documents and BMP fact sheets;
F. Revised Public Outreach materials;
G. Reviewed and approved LID Plans and SWPPPs;
H. Construction program inventory, inspection reports and violation notices;
01203.0022/300143.2
A-26
I. Watershed meeting agendas and minutes;
J. EWMP Implementation MOU;
K. Model contract language to transfer permit responsibility for implementing Table
18 Activity BMPs and 12 required road reconstruction BMPs per the MS4 Permit
to contractors;
L. Watershed ROWD;
M. Evaluation of the EWMP (Adaptive Management);
N. Non-Stormwater Source ID Report; and
O. Integrated Monitoring Compliance Report.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Bimonthly newsletters;
B. Email updates on NPDES program developments'
C. Draft Annual Report'
D. Draft EWMP Implementation MOU'
E. Updates on External and Alternative Compliance Options'
F. Draft Watershed ROWD'
G. Draft Adaptive Management Report (Evaluation of EWMP)'
H. Draft Non-Stormwater Source ID Report' and
I. Draft IMCR.
IV. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. John Hunter;
B. Jillian Brickey;
01203.0022/300143.2
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C. Cameron McCullough;
D. Jose Rodriguez;
E. Michelle Kim; and
F. Michelle Staffield.
01203.0022/300143.2
•
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None
01203.0022/300143.2
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks over the four year period at the
estimated following rates:
TASK 2 — City's Share of Peninsula WMG EWMP EST. ANNUAL 4 -YEAR
Activities MAXIMUM BUDGET
2.1 Watershed Meetings Coordination $7,290 $29,160
2.2 EWMP Implementation MOU Development (one $8,640 $8,640
time)
2.3 Pursuit of External and Alternative Compliance $25,920 $103,680
Options Coordination
01203.0022/300143.2
A-30
TASK 1— City's MS4 Compliance Activities
EST. ANNUAL
4 -YEAR
MAXIMUM
BUDGET
1.1
MS4 Permit Program Management and Watershed
$24,070
$96,280
Management
1.2
MS4 Permit Industrial/commercial Program and Clean
$8,275
$33,100
Bay Restaurant Program Implementation
1.3
MS4 Permit Illicit Discharge Detection and
$5,340
$21,360
Elimination Program Assistance
1.4
MS4 Permit Public Agency Activity Program
$15,565
$62,260
Assistance and Staff Training
1.5
MS4 Permit Public Outreach Program
$4,800
$19,200
1.6
MS4 Permit Planning and Land Development
$3,595
$14,380
Implementation
1.7
MS4 Permit Construction Program Implementation
$9,970
$39,880
Subtotal Task 1
$71,615
$286,460
TASK 2 — City's Share of Peninsula WMG EWMP EST. ANNUAL 4 -YEAR
Activities MAXIMUM BUDGET
2.1 Watershed Meetings Coordination $7,290 $29,160
2.2 EWMP Implementation MOU Development (one $8,640 $8,640
time)
2.3 Pursuit of External and Alternative Compliance $25,920 $103,680
Options Coordination
01203.0022/300143.2
A-30
2.4 Public Agency Activities (Construction Program $10,080 $29,520
Training - annual. Providing model contract language
— one time)
2.5 Watershed Report of Waste Discharge (Required 2017 $11,520 $34,560
and 2018, and thereafter biennial)
2.6 Adaptive Management (biennial)
$26,640
$53,280
2.7 Review and Coordination with Other Peninsula
$10,206
$40,824
EWMP Agencies
Subtotal Task 2
$100,296
$299,664
TASK 3 — Annual CIMP Implementation MOU
EST. ANNUAL
4 -YEAR
Activities
MAXIMUM
BUDGET
3.1 Outfall Screening Program (to be completed by
$4,660
$4,660
December 2017)
3.2 Integrated Monitoring Compliance Report
$25,000
$100,000
Subtotal Task 3
$29,660
$104,660
II.
Contract Total
$201,571
784
Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
01203.0022/300143.2
A-31
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed as provided in Section 2.1
of this Agreement.
V. Consultant shall be compensated for the Services on a time and materials basis, only
for work actually performed, according to the rate sheet attached as Exhibit C-1.
01203.0022/300143.2
A-32
EXHIBIT C-1 RATE SCHEDULE
JLHA STANDARD RATE SCHEDULE
Title
Rate'
Principal, Director, Staff Engineer
$165/hr
Project Manager, Project Engineer
$135/hr
Environmental Compliance Specialist II
$115/hr
Environmental Compliance Specialist I and Public Outreach Specialist
$95/hr
Administrative Assistant, Laborer (OSHA 40hr certified)
$65/hr
Routine Industrial/Commercial Inspection
$125/inspection
Inspection at State -Permitted Industrial Facility
$250/inspection
State Certified Laboratory Analysis
Cost + 5%
Legal Consultation, Court Appearances/Document review, etc.
$250/hr
Subcontracted equipment and services
Cost + 5%
1Rates valid for the period July 2016 to June 2017 and may be escalated annually beginning July 2017 per March to March PPI for the region or 3%,
whichever is lower.
A-33
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely for a period of four (4) years ending June
30, 2020, in accordance with the schedule to be developed by Consultant and subject
to the written approval of the Contract Officer.
II. Effort over the four year period is cyclical annually, with about one quarter of the
scope being performed in each year. The level of effort for each year will be
performed during that year in accordance with Exhibit D-1.
III. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Draft MS4 Permit Annual Report by November 15 each year.
B. Newsletters bimonthly and NPDES/WMG meeting summaries within 10 working
days of meeting.
C. Industrial/commercial and Clean Bay Restaurant program inspection reports and
violation notices within one month of the inspection/violation.
D. Illicit discharge detection investigation reports and violation notices within one
month of investigation.
E. Training presentations at time of training and new and revised template documents
and BMP fact sheets at time of training. Training is conducted once a year, ideally
prior to or at the beginning of the rainy season.
F. Revised Public Outreach materials as needed.
G. Reviewed LID Plans and SWPPPs within 10 working days of receiving initial plan
submittals. Follow up reviews will be performed within 10 working days.
H. Construction program inspection reports and violation notices within one month of
the inspection/violation.
I. Watershed meeting agendas 1 day prior to meeting.
J. EWMP Implementation MOU by end of June 2016.
K. Model contract language to transfer permit responsibility for implementing Table
18 Activity BMPs and 12 required road reconstruction BMPs per the MS4 Permit
to contractors within the first year of EWMP Implementation.
01203.0022/300143.2
A-34
L. Draft Watershed ROWD one month prior to June 1, 2017 deadline for first year,
and one month prior to deadline coinciding with Adaptive Management process.
M. Draft Evaluation of the EWMP (Adaptive Management) — One month prior to
biennial April 19 deadline. First Adaptive Management evaluation due April 19,
2018.
N. Draft Non-Stormwater Source ID Report — 10 working days prior to December 28,
2017 deadline for source identification.
O. Draft Integrated Monitoring Compliance Report by November 15 each year.
IV. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0022/300143.2
A-35
EXHIBIT D-1 SCHEDULE OF PERFORMANCE -ESTIMATED ANNUAL CYCLE
TASK DESCRIPTION I Estimated Cost Occurance - Typical per Contract Year'
SubTask Basis Q3 Q2 Q3 Q4 Total
ID'
Task 1 - City's MS4 Permit Compliance Activities'
1.1
Program Management and Watershed Management
A
LA County Regional meetings (attend, report)
1.1.A
As -needed
100%
100%
B
Peninsula WMG meetings (agenda, attend, minutes)
1.1.B
On-going
25%
25%
25% 25%
100%
C
Newsletters, Presentations, Regional Board corresp.
1.1.0
On-going
25%
25%
25% 25%
100%
D
Annual Report and Machado Lake Report
1.1.D
Annual
100%
100%
(preparation, submittal)
E
Assistance with city -specific Watershed projects and
1.1.E
As -needed
100%
100%
feasibility studies
1.2
Industrial/commercial Program and Clean Bay
Restaurant Program Implementation
A
Inspections
1.2.A
On-going
25%
25%
25% 25%
100%
B
Enforcement Actions and Database Management
1.2.B
On-going
25%
25%
25% 25%
100%
1.3
Illicit Discharge Detection and Elimination Program
Assistance
A
Inspections and Enforcement Actions
1.3.A
On-going
25%
25%
25% 25%
100%
1.4
Public Agency Activity Program Assistance and Staff
Training
A
Public Works Field Training
1.4.A
Annual
100%
100%
B
Integrated Pest Mangement (IPM) Plan
1.4.B
As -needed
100%
100%
C
Identified Facility Inventory
1.4.0
As -needed
100%
100%
D
64 Activity BMP List
1.4.D
As -needed
100%
100%
1.5
Public Outreach Program
A
Material development
1.5.A
As -needed
100%
100%
1.6
Planning and Land Development Implementation
A
Planning and Land Development Training
1.6.A
Annual
100%
100%
B
LID Plan Review
1.6.13
As -needed
100%
100%
C
Post -construction inspections
1.6.0
As -needed
100%
100%
1.7
Construction Program Implementation
A
Monthly Construction Inspections
1.7.A
On-going
25%
25%
25% 25%
100%
B
Site Enforcement
1.7.13
As -needed
100%
100%
C
Review SWPPPs
1.7.0
As -needed
100%
100%
Task 2 - City's Share of Peninsula WMG EWMP Activities 3
2.1
Watershed Meetings
A
Coordination
2.1A
On-going
25%
25%
25% 25%
100%
2.2
EWMP Implementation MOU
A
Development
2.2A
One-time
100%
100%
2.3
External and Alternative Compliance Options
A
Coordinate Pursuit of
2.3A
On-going
25%
25%
25% 25%
100%
2.4
Public Agency Activities
A
Construction Program Training
2AA
On-going
50%
50%
100%
B
Model Contract Language
2.46
One-time
100%
100%
2.5
Watershed Report of Waste Discharge
A
Preparation
2.5A
Biennial
100%
100%
2.6
Adaptive Management
A
Evaluation of EWMP
2.6A
Biennial
100%
100%
2.7
Review Deliverables from Other Agencies
A
Review and Coordination
2.7A
On-going
25%
25%
25% 25%
100%
Task 3 - Annual LIMP Implementation MOU Activities'
3.1
Outfall Screening Program
A
Non -SW Source ID Investigation
3.1A
Annual
25%
25%
25% 25%
100%
B
Non -SW Source ID Reporting
3.1B
One-time
100%
100%
3.2
Integrated Monitoring Compliance Report
A
IMCR
3.2A
Annual
100%
100%
Notes:
1 This an estimated schedule of expenditures for a typical contract year. Weather, project needs, review submittal load, regulatory changes, staff
availability, etc. may all contribute to variations in the quarter in which activities occur. The purpose of the table is to provide a reasonable check
against invoices presented not a restriction to periods in which activities may be invoiced.
z Sub -task ID will be indicated on each invoice line item.
3 See Exhibit A for description of each task item
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