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