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RPVCCA_CC_SR_2013_06_04_J_Stormwater_Quality_Consultant_ContractCrrYOF MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR & CITY COUNCIL MEMBERS LES JONES, INTERIM DIRECTOR OF PUBLI~ JUNE 4, 2013 '2) AWARD PROFESSIONAL SERVICES CONTRACT FOR STORMWATER QUALITY CONSULTANT CAROLYN LEHR, CITY MANAGER ©1-- Andy Winje, Associate Engineer~ RECOMMENDATION 1) Award a three-year professional services contract with two (2) one-year options to renew by mutual agreement, to John L. Hunter and Associates, Inc. (JLHA) for Stormwater Quality Consulting services, including National Pollutant Discharge Elimination System (NPDES) requirements, beginning with FY 2013-14, for a not to exceed amount of $68,175 for FY 2013-14, with the following years subject to an annual increase not exceeding the annual CPI published in April of the preceding fiscal year. 2) Authorize the Mayor and City Clerk to execute a three-year professional services contract with two (2) one-year options to renew by mutual agreement with John L. Hunter and Associates, Inc. for FY 2013-14, FY 2014-15 and FY 2015-16. EXECUTIVE SUMMARY The City is required to discharge stormwater through its storm drain system that is free from all pollutants except as allowed by the regulatory requirements of the State and Regional Water Quality Control Boards. These requirements are promulgated through a number of permits such as the Municipal Separate Stormwater Sewer System (MS4) Permit, the Sanitary Sewer Overflow (SSO) Permit and the General Construction Permit. The efforts and complexities to compliance with these permits are growing in scope and the risks of non-compliance are also becoming greater. Compliance with the ever increasing standards, increased public scrutiny, legal liability and potential for costly fines leads Staff to believe that the City is best served by using a consultant who has expertise in these requirements and intimate knowledge of the City's program and stakeholders. For the past several years, JLHA has implemented the City's compliance efforts with these permits. J-1 PSA for Stormwater Quality Consultant Page 2of3 June 4, 2013 BACKGROUND The City has contracted with JLHA for stormwater quality and environmental services for 20 years. Over that period, JLHA has gained an unprecedented level of expertise with the specific issues related to our City, and a thorough knowledge of the concerns of the stakeholders, with whom we must work to comply. Last November, the Los Angeles Regional Board adopted a new five-year MS4 permit, which became effective on December 28, 2012. The requirements for compliance have become more complex and onerous. The new permit requires the City to take an expanded role as a permittee, meet higher standards for stormwater quality, and increase the minimum level of activity to prevent pollution. The details of the new MS4 permit, a.nd the greater effort required by the City to comply, were presented to the City Council on February 19, 2013. DISCUSSION In order to comply with the Clean Water Act, the City is required to implement the adopted stormwater quality permits which regulate discharge of storm water and urban runoff from our City. The most demanding permit for our City is the recently adopted MS4 Permit. The new permit brings an expanded role for the City. Under the previous permit, the City was a co-permittee, somewhat buffered behind the County's status as the primary permittee. Under the new permit, RPV will be a direct permittee, interacting directly with the Regional Board. In addition, the new permit lays out three pathways to compliance, the most lenient of which requires cooperation with other neighboring cities. The City is pursuing a cooperative effort with the other Peninsula cities and as the largest agency, assumes the leadership role. The mutual work product of that group of cities, the comprehensive monitoring plan and enhanced watershed management plan, will be let under a different contract with shared costs as determined by those cities after an agreement between them is set up. The City continues to have the mandated role as leader of the Santa Monica Bay Bacteria TMDL group (Jurisdiction?), which has responsibility to monitor and report on bacteria levels in the Santa Monica Bay waters off the Peninsula. This increased role requires the support of a firm familiar with these stakeholders. JLHA has been the City's representative in the many stakeholder meetings held as the new permit was vetted. They are conversant in the issues surrounding the development of the permit in its current form and both the letter and spirit of compliance. The new permit also brings higher water quality standards thereby requiring more technical expertise to develop an implementation plan that addresses the potential pollutants of concern within our watershed in the most efficient and effective way. Highly technical monitoring, analysis, source investigations and treatment and control solutions will be required. This expertise is beyond the time constraints and technical W:\Andy\NPDES\JLHA Contract\2013-2016\CCA_SR_20130604_JLHA PSA 1.docx J-2 PSA for Stormwater Quality Consultant Page 3of3 June 4, 2013 competency of the Public Works Department. JLHA, through its experience with RPV and the other cities it serves, has developed a recognized leadership role in the region, both technically and in working with the Regional Board. JLHA proposes to address the stormwater quality permit requirements of the City by providing the following services: • Program management by providing leadership for the development of the watershed management program and providing annual reporting; • Implementing minimum control measures such as commercial, industrial and c~nstruction inspections, including those for the Clean Bay restaurant program, investigating illicit discharge and connections, staff training, public outreach programs, development planning and construction, emergency spill investigation and reporting; • Management of City's response for six prescriptive pollutant specific (TMDL) programs, including Jurisdiction 7, now enforceable under the new permit. A formal proposal containing a complete description of the firm's qualifications and the scope of work proposed for this contract is attached. CONCLUSIONS The newest stormwater quality regulations have placed an increasing demand on the Public Works Department of both time and technical ability. Staff believes it is necessary to engage an expert to satisfactorily meet the demands of these regulations. Staff is satisfied with both JLHA's timely responses and quality technical assistance in prior years, and especially regarding the recently adopted permit language and intent. JLHA is well informed and active in working with the Regional Board on implementation of the new permit and incorporated TMDL regulations. Staff does not believe a change .in consultants would result in any cost savings or other efficiencies. Therefore, Staff recommends awarding a Professional Services Contract to John L. Hunter and Associates. FISCAL IMPACT The proposed FY 2013-14 City Budget, which is scheduled to be adopted on June 18, 2013, provides adequate funding in the Storm Water Quality Fund for these services. The City will be reimbursed approximately $5,000 annually for TMDL (Jurisdiction 7) services from other cities in the Palos Verdes Peninsula. The City Attorney has reviewed and approved the attached agreement for professional services, which would effective as of July 1, 2013. Attachments: Professional Services Agreement Exhibit A: Proposal and Fee Estimate W:\Andy\NPDES\JLHA Contract\2013-2016\CCA_SR_20130604_JLHA PSA 1.docx J-3 CITY OF RANCHO PALOS VERDES PROFESSIONAL/TECHNICAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 4th day of June, 2013, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and John L. Hunter & Associates, Inc. (hereafter referred to as "CONSUL TANT"). IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1 .1 Project Description The Project is described as follows: Stormwater Quality Consulting Services. 1 .2 Description of Services CONSUL TANT shall provide stormwater quality consulting services, as described in CONSULTANT's Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and Exhibit "A," the terms of this Agreement shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSUL TANT shall not be responsible for delay, nor shall CONSUL TANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSUL TANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSUL TANT's control or without CONSUL TANT's fault. 2.1 Fee ARTICLE 2 COMPENSATION CITY agrees to compensate CONSUL TANT for services as described in Article 1 an amount not to exceed sixty-eight thousand one hundred seventy five dollars ($68,175) for Fiscal Year 2013-14 and for an amount in subsequent fiscal years not to Page 1 of 11 R6876-0001\1586080v2 .doc Agreement for Professional/Technical Services J-4 exceed the prior year's authorization plus an increase per Consumer Price Index as described in Article 1. 2.2 Terms of Compensation CONSUL TANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSUL TANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULT ANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSUL TANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSUL TANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSUL TANT without liability to CONSULT ANT upon ten (10) working days advance written notice. 2.3 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSUL TANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSULT ANT's Standard Rate Schedule, which is within Exhibit "A." The rates in Exhibit "A" shall be in effect through the end of this Agreement, subject to the changes noted in Section 2.1. 2.4 Term of Agreement This Agreement shall commence on July 1, 2013, and shall terminate on June 30, 2016 unless sooner terminated pursuant to Article 4 of this Agreement. Additionally, there shall be two (2) one-year options to renew the Agreement with the mutual written consent of both parties. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification To the maximum extent permitted by law, CONSULTANT shall defend, indemnify, and hold the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers (collectively "lndemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, Page 2of11 R6876-0001\1586080v2.doc Agreement for Professional/Technical Services J-5 liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively "Claims"), in any manner arising out of or incident to any acts or omissions of CONSUL TANT, its officials, officers, employees or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the lndemnitees. With respect to any and all such Claims, CONSULTANT shall defend lndemnitees at CONSUL TANT's own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against lndemnitees. CONSUL TANT shall reimburse lndemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CONSUL TANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by CONSULTANT or lndemnitees. All duties of CONSULTANT under this Section shall survive termination of this Agreement. 3.2 General Liability CONSUL TANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000) general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULT ANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSUL TANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate for errors and/or omissions of CONSUL TANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3) years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3) years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. Page 3of11 R6876-0001\1586080v2.doc Agreement for Professionalfrechnical Services J-6 3.4 Automobile Liability CONSUL TANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. 3.5 Worker's Compensation CONSULT ANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSUL TANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSUL TANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSUL TANT agrees that it will not cancel or reduce any required insurance coverage. CONSUL TANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. 3.7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSULT ANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULT ANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. Page 4of11 R6876-0001\1586080v2 .doc Agreement for Professionalfrechnical Services J-7 ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time, with or without cause, by the CITY upon thirty (30) days prior written notice or by CONSUL TANT upon ninety (90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.14. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, · CONSUL TANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULT ANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSUL TANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and al1 Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSUL TANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULT ANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSUL TANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, Page 5of11 R6876-0001\1586080v2.doc Agreement for ProfessionalfTechnical Services J-8 and that the CITY has full legal title to and the right to reproduce the Written Products. CONSUL TANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULT ANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSUL TANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSULT ANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSUL TANT prepares a document on a computer, CONSUL TANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. 6.1 Representation ARTICLE 6 GENERAL PROVISIONS The CITY representative shall be the Director of Public Works or his or her designee, and CONSUL TANT shall notify CITY of CONSUL TANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSUL TANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). Page 6of11 R6876-0001\1586080v2.doc Agreement for Professional/Technical Services J-9 6.3 Personnel CONSUL TANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULT ANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSUL TANT shall make reasonable efforts to maintain the continuity of CONSULT ANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSUL TANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall CONSULT ANT be responsible for its associates and subconsultants' services. 6.4 CONSULTANT's Representations CONSUL TANT represents, covenants and agrees that: a) CONSULT ANT is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSUL TANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSUL TANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.5 Conflicts of Interest CONSULT ANT agrees not to accept any employment or representation during the term of this Agreement or within twelve ( 12) months after completion of the work under this Agreement which is or may likely make CONSUL TANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSUL TANT has been retained pursuant to this Agreement. 6.6 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party Page 7of11 R6876-0001\1586080v2.doc Agreement for Professionalrrechnical Services J-10 shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSUL TANT was negligent, CITY shall compensate CONSUL TANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6. 7 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULT ANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSUL TANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSULT ANT may use the services of persons and entities not in CONSUL TANT's direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSUL TANT's use of subconsultants for additional services shall not be unreasonably restricted by the CITY provided CONSULT ANT notifies the CITY in advance. 6.8 Independent Contractor CONSUL TANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSULT ANT or any of the CONSUL TANT's employees, except as herein set forth, and CONSUL TANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULT ANT wishes except as expressly provided in this Agreement. CONSUL TANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSUL TANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULT ANT agrees to pay all required taxes on amounts paid to CONSUL TANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSUL TANT shall fully comply with the workers' compensation law regarding CONSUL TANT and its employees. CONSUL TANT further agrees to indemnify and hold the CITY harmless from any failure of CONSUL TANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSUL TANT under this Agreement any amount due to the CITY from Page 8of11 R6876-0001\1586080v2.doc Agreement for Professional/Technical Services J-11 CONSUL TANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.9 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.10 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSUL TANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.11 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.12 Non-Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.13 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.14 Notice Except as otherwise required by law, any payment, notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Page 9of11 R6876-0001\1586080v2.doc Agreement for Professional/Technical Services J-12 CONSUL TANT's or CITY's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Les Jones, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSUL TANT: John Hunter John L. Hunter & Associates, Inc. 6131 Orangethorpe Ave, Suite 350 Buena Park, CA 90620 [Signatures on next page.] Page 10of11 R6876-0001\1586080v2.doc Agreement for Professionalffechnical Services J-13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: ------------ ATTEST: City Clerk JOHN L. HUNTER&ASSOCIATES, INC. ("CONSUL TANT") By: ___________ ~- Printed Name: --------- Title: ------------ By: ___ ~~~-~~-~-- Printed Name: --------- Title: ------------ CITY OF RANCHO PALOS VERDES ("CITY") By:.------------- Mayor APPROVED AS TO FORM: By: ____________ _ City Attorney Page 11 of 11 R6876-0001\1586080v2 .doc Agreement for Professionalrrechnical Services J-14 Exhibit "A": Consultant's Proposal, including the Standard Rate Schedule Exhibit "A" R6876-0001\1586080v2 .doc J-15 Prepared For: City of Rancho Palos Verdes Attn: Less Jones, Interim Director of Public Works 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Prepared By: John L. Hunter & Associates 6131 Orangethorpe Ave, Suite 350 Buena Park, CA 90620 J-16 l§IJfl• NPDES Stormwater Proposal TABLE OF CONTENTS I. Firm Background ............................................................................................................................................... 1 Stormwater .............................................................................................................................................................. l FOG Control ........................................................................................................................................................... 1 II. Key Staff and Management Structure ............................................................................................................. 2 Key Staff Roles ........................................................................................................................................................ 3 Qualifications of Key staff .................................................................................................................................... 3 Related Experience of Key staff ........................................................................................................................... 5 III. References ........................................................................................................................................................... 6 IV. List of NPDES MS4 Clients and Services PRovided ..................................................................................... 7 V. General Scope of Services ................................................................................................................................. 8 VI. Program Management ....................................................................................................................................... 9 Watershed Management Programs ..................................................................................................................... 9 Annual Reports ...................................................................................................................................................... 9 VII. Minimum Control Measures ...................................................................................................................... 10 Commercial/Industrial Facility Inspections ..................................................................................................... 10 Inspection Program Infrastructure .................................................................................................................... 10 Clean Bay Restaurant Certification Program .................................................................................................. 10 Inspection Summary ........................................................................................................................................... 11 Database Management ....................................................................................................................................... 11 Illicit Discharge Detection and Elimination ..................................................................................................... 12 Public Agency Activities and Staff Training ................................................................... , ................................ 13 Public Outreach ................................................................................................................................................... 14 Development Planning and Construction ....................................................................................................... 14 Miscellaneous or Emergency Activities .............. ; ............................................................................................ 15 VIII. Total Maximum I?aily Loads (TMDLs) .................................................................................................... 16 IX. Cost Recovery ................................................................................................................................................... 16 X. Estimated Costs ................................................................................................................................................ 17 Appendix A: Standard Rate Schedule ................................................................................................................. Al Appendix B: Resumes ............................................................................................................................................ Bl John L. Hunter & Associates • J-17 Fff d&f• NPDES Stormwater Proposal I. FIRM BACKGROUND John L. Hunter & Associates GLHA) is an environmental consulting firm that provides a broad scope of services to municipal clients. Formed in 1985, JLHA's mission is to provide its clients with the expertise necessary to comply with mandated environmental programs. These programs include stormwater pollution prevention, industrial waste and fats, oils and grease control, used oil recycling, beverage container recycling and water conservation. JLHA takes an integrated, holistic approach to administering programs for our municipal clients. Client services include program management, planning, public outreach, inspections, investigations, enforcement, monitoring, reporting and much more. JLHA provides these services under one roof ..... which not only reduces the need for outsourcing -but allows us to provide better feedback, design, development, implementation, analysis and monitoring of programs for our clients. Our staff of scientists, engineers, and communication professionals has the experience and expertise necessary to provide effective and cost-efficient environmental compliance solutions. Current staff credentials include graduates and post graduates in environmental engineering and science, biology, chemistry, and public relations as well as certified professionals in stormwater quality, BMP (Best Management Practice) inspection, SWPPP development and implementation, engineering and environmental site assessment. STORMWATER JLHA' s experience providing storm water management and implementation dates to the first iteration of the LA County Municipal NPDES Permit. Currently JLHA is implementing all facets of the stormwater program in a tri-county area for cities with populations ranging from 5,000 to over 100,000. Land uses in these cities vary from highly industrialized to commercial, residential, and semi-rural. Implementing stormwater programs for such a wide cross-section of municipalities has allowed JLHA to regularly interface with the California Regional Water Quality Control Boards. This experience includes successful participation in program audits, MS4 permit negotiations and watershed plan (TMDL) development. FOG CONTROL JLHA has been providing FOG Control services to municipal clients since its incorporation in 1985. Prior to the State Water Board's 2006 Waste Discharge Requirements Order for Sanitary Sewer Systems (SSS WDR), FOG control was addressed under the broad scope of a City's Industrial Waste (IW) Control Program, which was adopted to protect local sewer systems. Since 2006, JLHA has expanded the FOG element of its IW Control Programs to ;:::::;:~l J~~jj~~jj~~jj~~~~j~jj~@j~~j. }: :: @: . . . . . . . ~::~;~;;~~mt> ·.·.· ........... =x:::~:-.:xx:.·. ::: ::i!i~lll'llll{1jjjjj!i ·f&.Il•Y~-·w11.f.ilii· ~Y.·*4k:;·· '*. ::::: !:"«$.:··· .fJ:/ .. · . »:::::::;. ., John L. Hunter & Associates J-18 1¥11411• NPDES Stonnwater Proposal address the SSS WDR, including Food Service Establishment permitting, FOG-oriented inspections and education, hot spot identification and facility prioritization. JLHA currently provides stormwater and FOG control services to agencies located within the following watersheds and subwatersheds: Watershed Subwatersheds and Tributaries Los Angeles River Estuary Reach 1 Reach2 Compton Creek Rio Hondo ArroyoSeco San Gabriel River Estuary Reach 1 Reach2 Reach4 Reach5 Coyote Creek San Jose Creek Walnut Creek Santa Monica Bay Ballona Creek Beaches Dominguez Channel/ LA Harbor Dominguez Channel Greater LA Harbor Machado Lake Santa Ana River Middle San Antonio Creek Big Bear Lake Los Cerritos Channel Anaheim Bay/Huntington Harbour John L. Hunter & Associates J-19 Fff IF!lf. NPDES Stormwater Proposal II. KEY STAFF AND MANAGEMENT STRUCTURE JLHA's management structure is included in the chart below. Anne Chang Ptng1an1 l\L111agl'1 ll'l1Ulc' J3 \Cdh 1\likki Klee CPLSC-IT Pt O)l't t Eng1 nct'l Public I ducation & Ouheach Staff John L. Hunter & Associates II J-20 Piaf• NPDES Stormwater Proposal KEY STAFF ROLES The following table summarizes key staff responsibilities for this project. Staff Responsibilities Project Role John Hunter, PE • Oversee contracted services • Serve as primary contact with client • Review and prepare environmental plans Cameron McCullough; CPSWQ, QSD ; ~~1ii'M.#~#.i~~ ... y >>•·• ·················•}•·············· ·•··•· .. •! • Serve as alternate contact with client • Coordinate project implementation with client • Regularly assess and report on NPDES compliance programs • Oversee field activities Jillian Brickey, MSES, CPSWQ, QSD • Serve as alternate contact with client • Assist client with project management tasks • Assess regulatory compliance • Review and prepare environmental plans Jose Rodriguez, CESSWI, QSP • Inspect facilities and prepare reports • Assist client with NPDES field activities • Assist Project Managers Anne Chang • Produce and distribute outreach materials • Develop and implement outreach campaigns QUALIFICATIONS OF KEY STAFF Below is a brief description of the overall history and qualifications of the key staff. John Hunter, PE -Principal Mr. Hunter is the President of JLHA, with over 30 years of experience in the environmental compliance fields of NPDES and Industrial Waste/FOG Control. He is a Certified Professional Chemical Engineer and a Registered Environmental Assessor. His relevant experiences include implementing and managing all aspects of NPDES Permit and FOG Control provisions for municipalities. He specializes in providing executive oversight and guidance to clients for these programs, as well as preparing and reviewing environmental plans. Mr. Hunter holds a B.S. in Chemical Engineering from California State University Long Beach and a B.S. and Biology from University of California Irvine. Cameron McCullough, CPSWQ, QSD/P -Project Manager Mr. McCullough is a Programs Manager with JLHA with over nine years of experience in the environmental compliance fields of NPDES and Fats, Oils and Grease (FOG) Control. He is a Certified Professional in Stormwater Quality and a Qualified SWPPP Developer and Practitioner. His relevant experiences include implementing and managing all aspects of NPDES Permit and FOG Control John L. Hunter & Associates J-21 hlll!if. NPDES Stonnwater Proposal provisions for municipalities. He specializes in managing the field operation element of these programs, such as facility inspections and investigations. Mr. McCullough holds a B.S. in Physics from California State University Long Beach (CSULB) and is expecting an M.S. in Applied Mathematics from CSULB in December 2013. Jillian Brickey, MSES, CPSWQ, QSD/P -Project Manager Ms. Brickey is a Programs Manager with JLHA with over seven years of experience in the environmental compliance fields of NPDES and Fats, Oils and Grease (FOG) Control. She is a Certified Professional in Stormwater Quality and a Qualified SWPPP Developer and Practitioner. Her relevant experiences include implementing and managing all aspects of NPDES Permit and FOG Control provisions for municipalities. She specializes in managing the plan development element of these programs, such as environmental plan preparation and review. Ms. Bricl<ey holds an M.S. in Environmental Science from California State University Fullerton and a B.S. in Zoology from California State Polytechnic University Pomona. Jose Rodriguez, CESSWI, QSP -Compliance Specialist/Inspector Mr. Rodriguez is a Compliance Specialist with JLHA with over six years of experience in the environmental compliance fields of NPDES and Fats, Oils and Grease (FOG) Control. He is a Certified Erosion, Sediment and Stormwater Inspector and a Qualified SWPPP Practitioner. His relevant experiences include implementing all aspects of NPDES Permit and FOG Control provisions for municipalities. He specializes in implementing and overseeing the field operation element of these programs, such as facility inspections and investigations, as well as plan checking for new developments with FOG. Mr. Rodriguez holds a B.S. in Biology from University of California, Irvine. Anne Chang -Public Outreach Manager Ms. Chang is a Public Outreach Manager with JLHA with more than 13 years experience in the public outreach aspect of municipal environmental programs such as NPDES and FOG Control. Her relevant experiences include assisting municipalities in planning, developing, facilitating and implementing activities and campaigns based on the guidelines of these programs. Ms. Chang specializes in producing outreach materials and organizing campaigns. Ms. Chang holds an M.A. in Communications, Emphasis in Public Relations, from California State University Fullerton. John L. Hunter & Associates J-22 +1+11• NPDES Stormwater Proposal RELATED EXPERIENCE OF KEY STAFF Tables 1 and 2 below summarize the experience of the key staff with regard to their completion of similar projects. The tasks listed in the table are explained below. The key staff member associated with each task is listed in the tables by their initials. • Program Assistance -Assess compliance provisions, oversee implementation of program elements, train client staff, serve as client contact and represent client in program audits. Develop Plans -Prepare environmental documents such as TMDL Implementation Plans, Stormwater Quality Management Programs, Watershed Management Programs and Stormwater Pollution Prevention Plans. • Permit Facilities -Administer environmental permitting programs (FOG and Industrial Waste Control). • Review Plans -Review new development plans to address risks and assess regulatory compliance related to the sanitary and storm drain systems (e.g. SUSMPs and WQMPs). • Provide Outreach -Produce and deliver relevant outreach materials to facilities and hold educational events. Develop and implement outreach campaigns to public and private sectors. • Inspect Facilities -Conduct field Best Management Practice (BMP) inspections at industrial, commercial, municipal and construction sites. • Enforce -Issue enforcement actions to noncompliant facilities. • Annual Report -Complete Annual Reports for NPDES MS4, Construction, Industrial and Individual Permits. Table 1: Summary of Related NPDES Stormwater Experience1 Client Arcadia Big Bear Lake Diamond Bar Downey Hawaiian Gardens Hawthorne Manhattan Beach (CBR) Monrovia Monterey Park Norwalk Rancho Palos Verdes (CBR) Seal Beach Signal Hill South Gate South Pasadena Stanton Temple City West Hollywood Program Assistance Develop Plans Check Provide Plans Outreach Conduct Annual Enforce Report CM JH/CMIJB JHIJB AC JR JR CM ::;:::m::1:mt:;::~::l'::::::1:m111:i1;m:1m:::i::::;,,::m::~m:::1::i:::;'H:':':::::::::11=:aRt::::':::i;£:1=m::,::::::::rn1&::t::::::t:::1:mt:::::: JR JH/CMIJB JH/JB AC JLHA JLHA JLHA JLHA :m !IJ:; ·,:::-::::::::::::::::fffti:: .. q iHL:m: :· j~i:rn' <:11~;::::::':@::::::11:,::::1 JB JH/JB JLHA JLHA 1 AC -Anne Chang, JB -Jillian Brickey, JH -John Hunter, JR-Jose Rodriguez, CM-Cameron McCullough, JLHA -other JLHA staff John L. Hunter & Associates J-23 '''*II• NPDES Stormwater Proposal Table 2: Summary of Related FOG Control Experience Inventory/ Manage Prioritize Permit Review Provide Inspect Client Program Facilities Facilities Plans Outreach Facilities Enforce Arcadia Baldwin Park Big Bear Lake Hawthorne Manhattan Beach Signal Hill South El Monte South Gate South Pasadena Stanton CM CM CM JH/JR AC JR JR In addition to the experience listed in the above tables: • JLHA manages the Clean Bay Restaurant (CBR) Program for the City of Rancho Palos Verdes and conducts CBR/FOG inspections for the City of Manhattan Beach. • Team members Jillian Brickey and Cameron McCullough have represented clients in several NPDES MS4 program audits by the Regional Water Quality Control Board. This includes audits of Big Bear Lake (2007), Seal Beach (2006, 2010) and Stanton (2010). III. REFERENCES Name and Title Charlie Honeycutt Assistant City Manager Mohammad Mostahkami City Engineer Doug Krauss Environmental Programs Coordinator Firm Contact Project -City of South Gate 8650 California Ave South Gate, CA 90280 323-563-9512 NPDES MS4 Compliance John L. Hunter & Associates J-24 1¥11!1111 NPDES Stormwater Proposal IV. LIST OF NPDES MS4 CLIENTS AND SERVICES PROVIDED Cities to which JLHA currently or has provided NPDES services within the past ten years: Agency JLHA NPDES History Services Providing or Provided City of Arcadia 1995-Present • Plan checking City of Downey 2011-Present • Inspections City of Hawaiian Gardens 2012-Present • Investigations • Public education City of Hawthorne 2000-Present • TMDL implementation (when City of Monterey Park 2005-Present applicable) City of Norwalk 2010-Present • Watershed management planning City of Rancho Palos Verdes 1994-Present • Preparing special reports City of Seal Beach 2005-Present • Program assistance City of Signal Hill 1985-Present • Training City of South Gate 1991-Present City of South Pasadena 2005-Present City of Stanton 2007-Present City of Temple City 2003-Present City of West Hollywood 1994-Present City of Culver City 2001-2008 City of Hermosa Beach 1999-2004 City of Pasadena 2001-2004 City of Pico Rivera 2004-2006, 2010-2011 City of Redondo Beach 1999-2004 City of San Fernando 2001-2009 City of South El Monte 2001-2006 City of Big Bear Lake 2004-Present • Inspections City of Diamond Bar 2007-Present • Investigations City of Lynwood 2005-2012/on-call • Preparing special reports 2003-2012/on-call • Training City of Monrovia City of Compton 2007-2009 City of Buena Park 2010-Present • Plan checking City of Covina 2008-Present City of Cypress 2006-2009 City of El Segundo 1999-2011 City of La Habra 2011-Present City of Manhattan Beach 2009-Present • Inspections City of San Marino 2004 City of Sierra Madre 2003-2006 City of Rolling Hills 2008-Present • TMDL Implementation Gateway Water Management Authority 2012-Present • Watershed management planning City of Whittier 2013-Present • Program assistance John L. Hunter & Associates J-25 l§F!if. NPDES Stormwater Proposal V. GENERAL SCOPE OF SERVICES JLHA is pleased to submit this proposal for the 2013-14, 2014-15 and 2015-2016 fiscal years and appreciates the opportunity to continue into its 20th year of providing environmental services to the City. This proposal can be renewed upon agreement by both parties for two additional one year terms. The general scope of services provided under this proposal will continue to consist of environmental consulting services for NPDES Stormwater related issues in general conformance with: • Los Angeles Countywide Municipal NPDES Stormwater Permit CAS004001, Order R4-2012-0175 • City of Rancho Palos Verdes Municipal Code The tasks under the scope of services are listed below and addressed individually on the following pages. • Program Management o Watershed Management Programs o Annual Reports • Minimum Control Measures o Commercial/industrial/construction inspections (including Clean Bay Restaurant) o Illicit discharge detection and elimination o Public agency activities and staff training o Public Outreach o Development planning and construction o Miscellaneous and Emergency Activities • TMDLs o Santa Monica Bay Bacteria o Santa Monica Bay Marine Debris (Trash) o Santa Monica Bay Toxics o Machado Lake Trash o Machado Lake Nutrients o Machado Lake Toxics John L. Hunter & Associates J-26 Ff all• NPDES Storm.water Proposal VI. PROGRAM MANAGEMENT The current MS4 permit has eliminated the role of the Principle Permittee and Watershed Committees and instead is requiring the development of Watershed Management Programs on a Regional, sub- regional or individual basis. In addition, the Total Maximum Daily Loads (TMDLs) that the City is subject to are now enforceable. The Cities affected by this permit are regularly meeting on a watershed basis and have established numerous TMDL technical committees. JLHA will provide technically knowledgeable personnel to attend these meetings and report back to and work with the City regarding these issues. Cost of participation at these meetings is divided with other applicable JLHA clients. JLHA will also meet regularly with City staff (typically monthly). WATERSHED MANAGEMENT PROGRAMS JLHA understands that the City intends to join several neighboring agencies in the development of an Enhanced Watershed Management Program (EWMP), as outlined in Section Vl.C of the MS4 Permit. The development of the EWMP is not within the scope of this proposal. However, the administrative cost of attending meetings and informing the City on EWMP related matters is incorporated into this section of the Proposal. ANNUAL REPORTS The MS4 permits require the preparation and submittal of an Annual Summary Report and Assessment of Effectiveness. Unlike the previous MS4 permit, the current Permit does not contain a report template and the Regional Board has not at this time provided any guidance regarding what is expected to be in an annual report. JLHA will continue to prepare the City's annual report and has included a budgetary estimate for this task. City staff will continue to be responsible for providing pertinent data requested from their various departments. Estimated Staff Time: Program Management Staff Principal/Staff Engineer Project Manager/Engineer Compliance Specialist John L. Hunter & Associates J-27 ,,,.,. NPDES Stormwater Proposal VII. MINIMUM CONTROL MEASURES City staff has indicated their intent to develop an EWMP. As a result, the MS4 permit allows continued compliance with 3rd term permit Minimum Control Measure (MCM) requirements until the EWMP is approved. Consequently, the below MCM elements reflect 3rd term permit requirements, except when noted. Modifications will be made as appropriate (to reflect the 41h term permit requirements) if the scope of work is extended for additional years. COMMERCIAL/INDUSTRIAL FACILITY INSPECTIONS There are approximately 15 industrial, 10 auto/retail gas and 50 restaurant facilities requiring inspections. The City's inspection program will not be finalized until the EWMP is approved, however in the interim Clean Bay Restaurant Inspections (described below) will continue. In addition, other industrial/ commercial facilities will be inspected following the schedule listed below. Inspection services will be similar to those already implemented for the City and include: • Update the inspection list based upon the City's business license information, Sanitation Districts, State Industrial General Permits and related databases. • Inspect and assess facilities listed as critical sources in the municipal permit. • Complete inspection reports including photographs & maps when considered relevant. • Follow-up at facilities found to be in violation of the City's stormwater program (which will be enforced through the IC/ID program). • Pursue progressive enforcement action as required. • Maintain an inspection database. INSPECTION PROGRAM INFRASTRUCTURE The inspection, enforcement, and database forms and infrastructure will follow those already in place at the City. The inspection program will be conducted as described below. • Continue the existing Clean Bay Restaurant program as described below. • Conduct stormwater inspections at approximately 4 automotive-related facili.ties. • Conduct stormwater inspections at approximately 6 industrial/commercial facilities. CLEAN BAY RESTAURANT CERTIFICATION PROGR,AM There are approximately 50 restaurants within the City. These 50 restaurants will be inspected annually and evaluated based on the existing Clean Bay Certification Program criteria, which is similar to and constitutes an integral part of the City's existing NPDES inspection program. Compliant ·restaurants will receive "Clean Bay Restaurant" Certification. In order to receive certification, several areas of the business are evaluated. These areas include: 1) Trash/Dumpster Cleanliness, 2) Equipment and Outdoor Cleaning Procedures, 3) Grease Handling and Spill Disposal, 4) Recycling and Disposal Practices and 5) Education and Training Practices. If no stormwater violations are observed during the inspection process, then the restaurant can receive its certification. This certification includes a John L. Hunter & Associates Mi.I J-28 fl&!!lillllll NPDES Stormwater Proposal window decal distinguishing the facility as a certified Clean Bay Restaurant and recognition in local and national media sources. INSPECTION SUMMARY NPDES stormwater inspections are conducted unannounced, except at facilities where security is an issue. All inspectors wear a photo ID badge (approved by the City) identifying them as an inspector contracted by the City. The inspector meets with the facility owner/manager or responsible employee, conducts a walk-through of the facility, and identifies practices as listed in the permit that may result in an illicit discharge to the storm drain system. The inspector offers alternatives and options in a friendly, non-threatening manner to help the business with facilitating compliance. Educational Materials Business specific educational materials are hand delivered to each business as a part of tl'l;e site inspection. These materials are intended for posting at the site as a reinforcement of good BMP's. The City will have the opportunity to approve existing educational materials; onto which the City logo and contact information will be added and then printed/duplicated for the city's use. At the City's request, additional materials may be developed and printed for the City's use. Enforcement Action Summary 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. Any facility found to be in significant violation of the NPDES permit a Notice of Violation will be forwarded to the City contact for approval and signature. Re-inspections will be conducted within the time frame listed in the NOV. That time frame will reflect the severity of the violation, and the immediate potential for releasing pollutants into the storm drain system. At the re-inspection, should the business remain in violation, a progressive enforcement action will commence. Typi~ally such enforcement actions include a follow-up phone call to offer assistance with the necessary corrections, a written second notice of violation, and if necessary, meetings with the responsible party. If the facility remains in non-compliance, a third (final) notice of violation will be sent. Records will be kept documenting all communication with a business in the effort to bring them into compliance. If these actions do not result in satisfactory compliance actions by the business, the case will be referred to the City for possible legal action. JLHA will be available to assist in any such actions. DATABASE MANAGEMENT A database will be used to track inspections of all critical sources as listed in the permit. The database will include the following information: A listing of the critical sources facilities (an updated business license list to be provided electronically as an access or excel file by the City on an annual basis), name of facility, name of Owner/Operator, name of contact if different, address, coverage under the Industrial General Permit or other NPDES permits, SIC code, and narrative description that reflects site activities and date inspected. John L. Hunter & Associates Fil J-29 FMll. NPDES Stormwater Proposal Estimated Staff Time: Commercial/Industrial Facility Inspections Staff Project Manager/Engineer Compliance Specialist Outreach Manager Inspections Follow-up Inspections ILLICIT DISCHARGE DETECTION AND ELIMINATION The Illicit Discharge Detection and Elimination (known as Illicit Connections and Illicit Discharges, or ICID in the MS4 Permit) Program consist of receiving information -from a variety of sources -on potential·stormwater violations, conducting subsequent investigations, and when applicable enforcing the City's Stormwater Ordinance. The proposed ICID Program will consist of the following: • 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. Each investigation will vary based on the complexity of the situation encountered; therefore, this service will be provided on a time and materials basis per the attached rate schedule. o Any stormwater related illicit discharges or illicit connection investigations that are conducted by City staff must be reported to JLHA for inclusion in the annual report. Significant incidents must be reported to the Regional Board. • JLHA staff will assist the City in preparation of formal enforcement action, if needed, for dischargers failing to correct significant violations. This service will be provided on a time and materials basis per the attached rate schedule. • Training in the elements of ICID Program will be provided to appropriate City personnel during the Public Agency training sessions. • Conduct follow-up inspections with violations found under the Industrial and Commercial inspection and Site Visit Program as necessary. The cost of tasks under this section dependent upon the number of violations observed and complaints received. Estimated Staff Time: Illicit Discharge Detection and Elimination Staff Time (Hours) Project Manager/Engineer Compliance Specialist Outreach Manager John L. Hunter & Associates MJI J-30 lll&ff. NPDES Stormwater Proposal PUBLIC AGENCY ACTIVITIES AND STAFF TRAINING The Public Agency portion of the Stormwater Program essentially consists of 10 sub-programs that cover specific activities that may be conducted by a City. JLHA shall perform the following activities: • As part of the annual, SQMP review, a survey will be made of individual City public agency related departments regarding the conformance of the tasks as outlined in the MS4 permit. These areas will include: o Public Construction Activities, o Vehicle Maintenance/Materials Facilities Management, o Landscape and Recreational Facilities Management, o Storm Drain Operation and Management, o Streets and Roads Maintenance, o Parking Facilities Management, o Public Industrial Activities, o Emergency Procedures • One employee training session for appropriate Public Works personnel will be held (additional sessions can be scheduled as requested). • JLHA staff will assist the City in developing methods to upgrade program-operating procedures based upon the findings of annual reviews. Estimated Staff Time: Public Agency Activities and Staff Training Staff Time (Hours) Principal/Staff Engineer Project Manager/Engineer Compliance Specialist Outreach Manager 4 John L. Hunter & Associates Im J-31 Ff i&f• NPDES Stormwater Proposal PUBLIC OUTREACH Educating the public about stormwater pollution and prevention methods is vital to the success of the overall program and to the reduction of pollution in general. These activities, where appropriate, will be tailored to the specific requirements mandated under current and future TMDLs. • • • News articles containing news or information on stormwater issues will be developed and pitched to local/city newspapers for release. 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. 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. These efforts require coordination with, and in some cases, authorization from other agencies/entities. Therefore a budgetary allowance has been included. Other venues and activities may need to be substituted. Estimated Staff Time: Public Outreach Staff Project Manager/Engineer Compliance Specialist Outreach Manager DEVELOPMENT PLANNING AND CONSTRUCTION The Development Planning and Construction provisions of the NPDES permit require that contractors and developers/property owners take specific steps to reduce stormwater pollution from new and significant redevelopment projects. Contractors with projects over one acre will need to prepare a Local Storm Water Pollution Prevention Plan. Developers and property owners of Priority Planning Projects will be required to prepare Standard or Site Specific Urban Stormwater Mitigation Plans. JLHA proposes to conduct plan reviews of SUSMP and SWPPP submittal for new development sites to determine if proposed locations and size of treatment systems (berms, sandbags, sediment traps, filters, vegetative swales, etc.) are adequate to meet permit requirements and the goals of the City stormwater quality program. As part of the plan review process, these plans must be approved prior to permit issuance. Included in plan checks are size comparisons of the John L. Hunter & Associates Fil J-32 iifl§f• NPDES Stormwater Proposal 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. Plan checks for SUSMP/SWPPPs take approximately one week for the review/approval process. JLHA will work closely with City staff to ensure that all requirements of the NPDES permit have been met prior to the approval process. JLHA will keep the City informed on any new issues that may conflict with the current review process (Regional Board's requirements, new BMPs, etc.) The cost to provide SUSMP and SWPPP services is dependent upon the number of plans that are actually submitted for review during the term of this contract. This will continue to be on a "pass-through" basis, where the developer/contractor will reimburse the city for the cost of the review. JLHA will: • C::onduct the annual refresher training for the Planning/Building/Public Works Engineering staff. • Review Local Stormwater Pollution Prevention Plans and Standard Urban Stormwater Mitigation Plans. Review of these plans will be consistent with JLHA' s current interpretation of: o The LSWPPP, SWPPP and SUSMP programs within the NPDES Permit. o The countywide SUSMP guideline and City guidelines. o Conversations with Regional Board staff on pertinent specific or general issues. o Conditions specifically required by the City and the City Municipal Code. This does not include a review of what are commonly referred to as grading or erosion control plans, as these are not within the scope of the NP DES Permit. • Maintain an in-house database of LSWPPP/SWPPP construction projects. • Maintain organized records. • When notified by the City that a grading/building permit has been issued, conduct verification inspections of SUSMP and LSWPPP sites for BMP implementation: o LSWPPP: only once, within 30 days of notification. o SUSMP: only once, at notification of building inspector, prior to issuance of Certificate of Occupancy. • Provide information appropriate to the annual reporting requirements. Estimated Staff Time: Development Planning and Construction Staff Principal/Staff Engineer Project Manager/Engineer Compliance Specialist Inspections Follow-up Inspections MISCELLANEOUS OR EMERGENCY ACTIVITIES At any time, the City may request the services of JLHA to assist in miscellaneous work or during an emergency situation. Such activities will be on a time and material basis following the included rate schedule. John L. Hunter & Associates -~j J-33 l§F!lf. NPDES Stonnwater Proposal VIII. TOTAL MAXIMUM DAILY LOADS (TMDLS) Runoff from Rancho Palos Verdes generally drains in three directions. The northern portion of the city generally drains toward Machado Lake. The eastern portion of the City drains into Los Angeles Harbor. The southern and western portions of the City drain directly into Santa Monica Bay. The City is therefore subject to Total Daily Maximum Loads for each of these waterbodies. The City will be affected by several TMDLs issued by the Regional Board. These TMDLs include, but are not necessarily limited to: • Santa Monica Bay Bacteria • Santa Monica Bay Marine Debris (Trash) • Santa Monica Bay Toxics • Machado Lake Trash • Machado Lake Nutrients • Machado Lake Toxics • I..:A Harbor Bacteria • LA Harbor Toxics These TMDLs are in various stages of development and implementation. In addition, from time to time, exceedances are reported by the Regional Board and corrective actions need to be undertaken. Under the Santa Monica Bay Bacteria TMDL, The City of Rancho Palos Verdes has been designated by the Regional Board as the Chair of the peninsula city group (Jurisdiction 7) and must conduct stakeholder meetings, review monitoring results (currently provided by the Sanitation Districts at no cost) and prepare annual reports to the Regional Board. A budgetary estimate has been inculded for JLHA to continue supporting the City in regards to other TMDL activities. Estimated Staff Time: TMDLs Staff Time (Hours) "'PPrrlin~act·p~a~l~/S~ta:fffEEn~gmrl·~e:e;r.,_.,_.,_.,_'j80j§jf:i y@E@i~ Project Manager/Engineer Compliance Specialist IX. COST RECOVERY JLHA has set up several cost recovery (fee-based) programs to make the inspection program self-funded. JLHA will be available to assist the city with this upon request John L. Hunter & Associates Ha. J-34 Mi&fi• NPDES Stonnwater Proposal X. ESTIMATED COSTS The following table itemizes the estimated annual costs for this project. This proposal is for three years and can be renewed upon agreement by both parties for two additional one year terms. Task Hours Rate Cost Program Management 44 $145 $6,380 (Includes administrative time involving Watershed Management 40 $125 $5,000 Programs and annual reporting) 32 $95 $3,040 Industrial/Commercial Inspections --$145 -- (Includes Clean Bay Restaurant Program) 8 $125 $1,000 20 $95 $1,900 Inspections 50 $125 $6,250 Follow-ups 20 $95 $1,900 Illicit Discharge Elimination and Detection --$145 -- 8 $125 $1,000 20 $95 $1,900 Public Agency Activities and Staff Training 32 $145 $4,640 32 $125 $4,000 8 $95 $760 Public Outreach --$145 -- 8 $125 $1,000 40 $95 $3,800 Development Planning and Construction 12 $145 $1,740 30 $125 $3,750 4 $95 $380 Construction and SUSMP Inspections 20 $125 $2,500 Follow-ups 5 $95 $475 Total Maximum Daily Loads 48 $145 $6,960 (Includes ]7 Bacteria TMDL administration and reporting) 48 $125 $6,000 40 $95 $3,800 Total (Fiscal Year 2013-2014) $68,175 Total (Fiscal Year 2014-2015) (2013-2014 Costs adjusted by annual CPI*) Total (Fiscal Year 2015-2016) (2014-2015 Costs adjusted by annual CPI*) *CPI will be calculated based on the calculated value from April to March of the previous fiscal year. This project will be on a time and materials basis. The above costs are estimates for budgetary purposes, not to exceed the total without prior approval from the Group. John L. Hunter & Associates FM J-35 iiiFfi• NPDES Stormwater Proposal APPENDIX A: STANDARD RATE SCHEDULE John L. Hunter & Associates itji J-36 Ff IF!if. NPDES Stormwater Proposal STANDARD RATE SCHEDULE Principal/Staff Engineer Environmental Compliance Manager/Project Engineer Environmental Compliance Specialist and Public Outreach Manager Laborer (OSHA 40hr certified)/ Public Outreach Assistant State Certified Laboratory Analysis Legal Consultation, Court Appearances/Document review, etc. Inspection -Industrial/commercial facilities Inspection -State Industrial General Permit Facilities Inspection -Combined CBR/FOG Inspection -FOG only Subcontracted equipment Prices effective as of January 1, 2013 $145/hr $125/hr $95/hr $65/hr Cost+5% $250/hr $125/inspection $250/inspection $150/inspection $115/inspection Cost+5% JLHA does not add charges for overhead items such as administrative copying or mileage in and around the city. John L. Hunter & Associates ifj J-37 Ff Mfillllll NPDES Stormwater Proposal APPENDIX B: RESUMES Resumes for key staff are included on the following pages. John L. Hunter & Associates F,f F J-38 1661§'. NPDES Stormwater Proposal John L. Hunter, PE Principal Areas of Expertise NPDES Permits: Implementing and managing compliance programs. Preparing and managing Implementation/Monitoring Plans. Implementing and managing compliance programs. TMDLs: FOG Control: Overview Mr. Hunter has 30 years of experience in municipal environmental programs and currently oversees: (1) a 17 city NPDES program encompassing three counties that covers programs such as: watershed management, TMDL implementation, site inspections, stormwater management plan reviews, construction inspections, public agency activities, illegal discharge investigations and public outreach; (2) a 9 city FOG program encompassing permitting, inspections and enforcement, (3) a 6 city Used Oil Recycling program and (4) a 3 city Beverage Container Recycling program. He has also administered "right-to-know" hazardous materials programs for local fire departments and has substantial experience in underground tanks removals and mitigation of subsurface soils contamination. Education Bachelor of Science -Chemical Engineering California State University, Long Beach Bachelor of Science -Biological Sciences University of California, Irvine NPDES Experience and Skills Certifications and Licenses CA Professional Chemical Engineer CH 4724 CA Registered Environmental Assessor REA-0900 CA Hazardous Substance Removal A3382 CA General Engineering Contractor License A-582340 TMDLs: • Los Angeles River Trash TMDL -Obtained $0.78 million in grant funding for the Hamilton Bowl BMP Study. The intent of the study was to evaluate different end-of-pipe trash capture systems for City of Signal Hill and Long Beach. • Los Angeles River Metals TMDL -$200,000 contract with Gateway Cities Council of Governments for preparation of Reach 1 Implementation Plan on behalf of 9 local agencies. • Dominguez Channel Bacteria Study -Conducted regional Board directed bacteria study to investigate elevated bacteria levels found in the Dominguez Channel by the Regional Board (City of Hawthorne). • Regional Board Audit of MS4 municipal permit program -City of Big Bear Lake NPDES: • Oversees a 20 city NPDES program encompassing site inspections, stormwater management plan reviews, construction inspections, public agency activities, illegal discharge investigations and public outreach. • Has chaired the following committees: • Los Angeles River Watershed Management Committee (Current Chair) • Santa Monica Bay Bacterial TMDL Subcommittee - J 7 (Current Chair) • Dominguez Channel Bacterial TMDL Subcommittee • Also participates in • LA Permit Group/Executive Advisory Committee • Trash/metals TMDL Subcommittees John L. Hunter & Associates M;Ji J-39 MIF!if. NPDES Stormwater Proposal Cameron McCullough, CPSWQ, QSD/QSP Environmental Compliance Manager Areas of Expertise Implementing and managing NPDES and FOG Control compliance programs for municipalities. Overview Mr. McCullough has worked with JLHA for nine years in the environmental compliance fields of NPDES, Industrial Waste and Fats, Oils and Grease (FOG) Control and Phase I/II site assessment. His relevant experiences and tasks include implementing and managing all aspects of NPDES municipal permit provisions and supervising field staff. These provisions include watershed management, TMDL implementation, inspecting industrial/commercial, municipal and construction sites, detecting and eliminatiµg illicit discharges, educating the public, training staff and preparing annual reports. Education • B.S. in Physics, Minor in Applied Math • In progress: M.S. in Applied Mathematics California State University Long Beach (CSULB) CSULB (graduation Fall 2013) Certifications, Training and Affiliations • CPSWQ #0842 (Certified Professional in Stormwater Quality) • QSD/QSP #22706 (Qualified SWPPP Developer/Practitioner) • Basic Environmental Inspector Academy • Stormwater Core Competencies Training Program • HAZWOPER (40 Hour General Site Worker), Certificate #52527 • Society for Industrial and Applied Mathematics • Phi Beta Kappa Society NPDES Experience and Skills Program Management: Issued by CPSWQ, Inc. CASQA Cal/EPA County of Orange Safety Management Systems Member Member • Manage NPDES permit provisions for municipal clients in LA, Orange and San Bernardino Counties. Clients include South Pasadena, Norwalk, Signal Hill, Big Bear Lake, Stanton, and Seal Beach. • Represent cities in State compliance inspections/audits (NPDES and FOG). Also perform self-audits. Four audits total for the cities of Seal Beach, Stanton and Big Bear Lake. • Manage Trash TMDL DGR studies. • Prepare NPDES annual reports and Storm Water Quality Management Plans (SWMPs). • Prepare and present NPDES training modules to various divisions of municipal staff. • Represent cities at LA and Orange County-wide NPDES Program meetings. • Design electronic databases to meet State reporting requirements. Field activities: • Has inspected and investigated thousands of sites for NPDES/FOG/lndustrial Waste compliance. • Monitor pollutant loading for municipalities under Trash TMDLs. • Collect and analyze stormwater, wastewater and soil samples. • Participate in public education events at City functions. John L. Hunter & Associates M;fi J-40 MIF§f• NPDES Stormwater Proposal Jillian Brickey, MSES, CPSWQ, QSD/QSP Environmental Compliance Manager Areas of Expertise NPDES Permits: Implementing and managing compliance programs. Plan Reviews: Reviewing Standard Urban Stormwater Mitigation Plans and Water Quality Management Plans with emphasis in Low impact Development (LID) compliance. Overview Ms. Brickey has worked with John L. Hunter & Associates in the environmental compliance field of NPDES, being versed in all departments at JLHA, for seven years. She is the Lead NPDES Plan Reviewer for Seal Beach, Stanton, Buena Park, La Habra, and Signal Hill and the Stormwater Program Manager for Seal Beac;h. Her relevant experiences and tasks include implementing and managing NPDES municipal permit provisions such as watershed management, new development, construction, TMDL compliance, municipal staff training and representing clients in program audits. Education • M.S. in Environmental Science • B.S. in Zoology, Minor in Chemistry Cal State University Fullerton Cal State Polytechnic University Pomona Certifications and Training • CPSWQ #0845 (Certified Professional in Stormwater Quality) QSD/QSP #22731 (Qualified SWPPP Developer/Practitioner) Stormwater Core Competencies Training Program Issued by CPSWQ, Inc . • • • 40 Hour HAZWOPER pursuant to Title 29 of CFR section 1910.120 NPDES Experience and Skills NPDES Municipal Permit experience: CASQA County of Orange • Manage selected NPDES permit provisions for clients in LA, Orange and San Bernardino Counties. Including South Pasadena, Norwalk, Signal Hill, Big Bear Lake, Stanton, Seal Beach • Represent cities in State New Development compliance audits. Seal Beach and Stanton • Supervise engineering staff. • Participated in Planning Advisory Group (PAG) to develop LID provisions for Orange County cities. • Prepare and present NPDES training modules to various divisions of municipal staff. • Represent cities at various LA and Orange County-wide NPDES Program meetings. • Conducted thousands of NPDES/FOG/IW investigations and inspections. • Participate in public education events at City functions. • Prepare NPDES annual reports, Storm Water Quality Management Plans (SQMPs) and Local Implementation Plans (LIPs). John L. Hunter & Associates F:jl J-41 +F•fill NPDES Stonnwater Proposal Jose Rodriguez, CESSWI, QSP Environmental Compliance Specialist Areas of Expertise Implementing NPDES and FOG Control inspection programs for public agencies. Overview Mr. Rodriguez has worked with John L. Hunter & Associates in the environmental compliance fields of NPDES, FOG and Industrial Waste for over six years. His relevant experiences and tasks include implementing NPDES municipal permit provisions such as industrial/commercial inspections, illicit discharge detection and elimination, construction inspections; public education, public agency inspections, TMDL compliance, municipal staff training and completing annual reports. In total, Mr. Rodriguez has conducted several thousand inspections for agencies such as Compton, South Gate, Hawthorne, South El Monte, Arcadia and the Orange County Sanitation District. Education Bachelor of Science -Biology University of California, Irvine Certifications and Training • CESSWI #2830 (Certified Erosion Sediment Stormwater Inspector) Issued by CESSWI, Inc. • QSP #22917 (Qualified SWPPP Practitioner) • Basic Environmental Inspector Academy • SSO-WDR Compliance Training • BMP Performance Training • Pretreatment, Pollution Prevention, Stormwater Training • 40 Hour HAZWOPER pursuant to Title 29 of CFR section 1910.120 • Fluency in Spanish Project Specific Experience • Inspect the following for compliance with state and local environmental regulations: CASQA Cal/EPA CWEA US EPA CWEA • NPDES Critical Sources sites (e.g. restaurants, auto shops and manufacturing facilities). • State permitted industrial and construction sites (IGPs/CGPs). • Municipal facilities (e.g. corporate yards and transfer stations). • New Developments for BMP installation and maintenance verification (SUSMP sites). • Industrial Waste and FOG pretreatment devices at permitted facilities. • Conduct environmental investigations and impose enforcement actions. • Prepare Municipal and General Industrial NPDES Annual Reports. • Conduct stormwater and wastewater sampling. • Supervise and participate in NPDES Public Outreach events. • Conduct Trash TMDL DGR studies. • Review and submit HAZMAT Business Plans and inspect facilities for compliance. John L. Hunter & Associates ++f J-42 Fffi&f• NPDES Stormwater Proposal Anne Chang Public Outreach Manager Areas of Expertise NPDES Municipal Permits: Development and implementation of educational and outreach programs to businesses, municipal employees and the residential community in conformance with the goals and requirements of the MS4 stormwater permits. Used Oil: Responsible for maintaining the annual grant status, establishing recycling centers, educating the general public, holding events and preparation of the annual reports. Beverage Container Recycling: Responsible for educating the general public and incorporating recycling messages in event activities. Overview Ms. Chang has more than 13 years experience in the public outreach aspect of the municipal environmental programs. Programs under her purview include: NPDES Stormwater, Used Oil Recycling and Beverage Container Recycling. She has helped local municipalities in planning, developing, facilitating and implementing activities and campaigns based on the guidelines of these programs. With various campaigns and outreach materials, she has not only successfully raised the awareness, but also gradually constructed pollution prevention practices and behavior among residents, businesses and school children. Ms. Chang is bilingual in English and Mandarin (Chinese). Education Master of Arts -Communications (with emphasis on Public Relations) California State University, Fullerton Project Specific Experience Ms. Chang has successfully kept all contract cities in compliance with the public outreach aspect of the LA County NPDES Model Program. Activities and campaigns she has developed and administered include, but are not limited to: • Restaurant Sidewalk Washing Campaign: Annual messages to restaurants • Pet Waste Campaign: Events and promotions at events, pet stores and veterinary hospitals • Point-of-Purchase (POP) Campaign; Ongoing outreach at hardware, grocery and auto businesses • School Outreach: Ongoing efforts to educate students • Business outreach, Service Clubs: organizes presentations • Earth Day Event: Organizes and/or attendance annual April events. John L. Hunter & Associates Mal J-43