CC SR 20231003 D - Averill and San Pedro Canyon Water Quality Studies
CITY COUNCIL MEETING DATE: 10/03/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to approve Amendment No. 3 to the Professional
Services Agreement with John L. Hunter & Associates to incorporate stormwater studies
at Averill Canyon and San Pedro Canyon.
RECOMMENDED COUNCIL ACTION:
(1) Approve Amendment No. 3 to the Professional Services Agreement with John L.
Hunter & Associates in the amount of $71,545, increasing the overall contract sum
from $494,473 to $566,018 for stormwater studies at Averill Canyon and San
Pedro Canyon; and
(2) Authorize the Mayor to execute Amendment No. 3 in a form approved by the City
Attorney.
FISCAL IMPACT: Approving the amendment will result in expenditures up to $71,545,
of which $35,800 is for Fiscal Year 2023-24, and is included in the
FY 2023-24 budget. The remaining expenditure is planned to be
requested in the FY 2024-25 budget.
Amount Budgeted: $35,800
Additional Appropriation: $0
Account Number(s): 343-400-3130-5101
(Measure W Fund – Professional & Technical) VR
ORIGINATED BY: Vanessa Hevener, Project Manager
REVIEWED BY: Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Amendment No. 3 to the Professional Services Agreement with John L.
Hunter & Associates (page A-1)
B. John L. Hunter & Associates Proposal for Canyon Studies (page B-1)
C. Amendment No. 2 and Original Professional Services Agreement with John
L. Hunter & Associates
1
RANCHO PALOS VERDES
BACKGROUND:
The Los Angeles Regional Water Quality Control Board (Regional Board) regulates the
discharge of pollutants into the watershed through a permit called the Municipal Separate
Storm Sewer (MS4) Permit. The MS4 Permit was adopted by the Regional Board and
went into effect on September 11, 2021, and applies to all Los Angeles County agencies.
The MS4 Permit protects the beneficial uses of the receiving waters in the Los Angeles
County region by regulating municipal stormwater and non-stormwater discharges such
as trash, bacteria, and chemicals from permittees through implementation of a Watershed
Management Program (WMP) and complying with rigorous water quality limits.
The City of Rancho Palos Verdes, along with the other Palos Verdes Peninsula
(Peninsula) agencies, the County of Los Angeles, and the Los Angeles County Flood
Control District formed the Palos Verdes Peninsula Watershed Management Group to
collaborate on the development of a WMP to implement the requirements of the MS4
Permit on a watershed scale and address the water quality priorities for the Peninsula
watersheds.
DISCUSSION:
To comply with the requirements of the MS4 Permit, the City is required to limit pollutants
originating in the City and entering into a water body. One of these requirements is the
Los Angeles Harbor Toxics and Metals Total Daily Maximum Load (TMDL), which has a
compliance deadline of 2032. A TMDL is the maximum amount of a pollutant allowed to
enter a waterbody so that the waterbody will meet and continue to meet water quality
standards for that pollutant. To meet the requirements, the City is considering proposing
a capital improvement project that will capture stormwater runoff and treat it for pollutants
before discharging it into Cabrillo Marina within Los Angeles Harbor.
An alternative compliance option, the City may consider conducting rainfall monitoring
studies at the two existing natural canyons that drain into Los Angeles Harbor, Averill
Canyon and San Pedro Canyon, to demonstrate that the canyons effectively retain
stormwater from storm events producing one inch or less of rainfall in 24 hours. If the
existing natural canyons retain the surface runoff from these storms, then the City would
be in compliance because pollutants reaching Cabrillo Marina within Los Angeles Harbor
would be within the allowable limits. Upon approval of such a study by the Regional Board,
the City would not be required to construct a stormwater project for this watershed.
Figure 1, on the following page, shows the sub-watershed that includes Averill Canyon
and San Pedro Canyon, which a portion of the City drains into.
2
Figure 1. Averill Canyon and San Pedro Canyon within Los Angeles Harbor - Cabrillo Marina
As a contract city, the City relies on the use of consultants to assist with the management
and administration of the stormwater quality program. John L. Hunter & Associates
(JHLA) has been providing such services to the City for several years and is very well
versed in the City’s stormwater quality program. Therefore, the City requested a proposal
from JHLA to conduct the Averill Canyon and San Pedro Canyon water quality study
(Attachment B) to support the City’s assertion that the canyons retain stormwater from
storm events producing one inch or less of rainfall in 24 hours.
Amendment No. 3 modifies the scope of services of the City’s existing professional
services agreement (PSA) with JHLA to include the Averill Canyon and San Pedro
Canyon stormwater studies for two fiscal years: 2023-24 (Year 1) and 2024-2025 (Year
3
SMB7-1
Pen insula-RWl •
SMB7-2
• Rece ivin,g W ater Site
0 Outfall Site
• TMDL Site
□Analysis Region
-Natural Canyon
EWMP Bounda,y
Penimula-RW2
watershed Man_agement Area J urisdi cti on Boundary
~Pal os Verdes Esta tes
m Rancho Pa los Verdes
D Rolling HIii s Estates I
O Unineorpora ted Coon t')' I
Los Angeles H arbor
t.tachado Lake
San ,a Mon1ea Say
Wi lmi ngton Drain
2) and increases the contract amount by $71,545 over the two-year period. Funding for
Year 2 will be requested as part of the FY 2024-25 budget process. In comparison, the
cost to construct a stormwater project projected to meet the stormwater treatment
requirements is expected to cost over $3 million. The stormwater study at the canyons
has the potential to save millions of dollars in construction and maintenance and
operations costs for a stormwater project.
CONCLUSION:
Staff recommends approving Amendment No. 3 to the PSA with JHLA to modify the scope
of work to include the Averill Canyon and San Pedro Canyon stormwater studies for two
fiscal years in the amount of $71,545, to determine if the canyons effectively retain
stormwater from rainfall events producing one inch or less of rainfall in a 24-hour period.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action s are available for
the City Council’s consideration:
1. Do not approve Amendment No. 3 to the PSA and instead explore options to
construct and maintain a stormwater project to comply with water quality
requirements for the City area that drains into the Cabrillo Marina within Los
Angeles Harbor.
2. Take other action, as deemed appropriate.
4
AMENDMENT NO. 3
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
(“Amendment No. 3”) by and between the CITY OF RANCHO PALOS VERDES, a California
municipal corporation (“City”) and JOHN L. HUNTER & ASSOCIATES, INC., a California
corporation, (“Consultant”) is effective as of October 3, 2023.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services
dated December 21, 2021 (“Agreement”), whereby Consultant agreed to provide consulting
services related to complying with stormwater quality regulations and laws (“Services”) for a Term
of one year ending December 20, 2022, with a maximum Contract Sum of $200,000, and with the
option to extend the agreement 3 additional years.
B. On July 1, 2022 City and Consultant agreed to extend the Agreement by six (6)
months through June 30, 2023 and increase compensation by $100,000 for a total not to exceed
Contract Sum of $300,000 (“Amendment No. 1”).
C. On June 20, 2023, City and Consultant agreed to extend the Term by one year
through June 30, 2024 with one additional one-year extension remaining, modify the scope of
services, and increase compensation by $194,473 for FY 2023- 24, for a total not to exceed
Contract Sum of $494,473.
D. City and Consultant now agree to further extend the Term by one year through
June 30, 2025, modify the scope of services and increase compensation by $71,545 (FY 2023-24
for $35,800 and FY 2024-25 for $35,745) for a total not to exceed Contract Sum of $566,018.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a. Section 2.1, Contract Sum, is amended to read:
“Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference. The total
compensation, including reimbursement for actual expenses, shall not exceed
$494,473 (Four Hundred Ninety Four Thousand For Hundred Seventy Three
Dollars) $566,018 (Five Hundred Sixty Six Thousand Eighteen Dollars (the
“Contract Sum”), unless additional compensation is approved pursuant to Section
1.9.
b. Section 3.4, Term, is amended to read:
A-1
01203.0006/875929.1 -2-
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services
but not exceeding June 30, 3024 June 30, 2025, except as otherwise provided in
the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion,
extend the Term by one additional one-year terms.
c. Exhibit “A” Scope of Services is repealed and replaced with the
attached Exhibit “A” Amendment No. 3 Scope of Services.
d. Exhibit “C” Schedule of Compensation is repealed and replaced with
the attached Exhibit “C” Amendment No. 3 Schedule of Compensation.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 3,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement,
it shall mean the Agreement, as amended by this Amendment No. 3 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 3,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 3,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 3.
5. Authority. The persons executing this Amendment No. 3 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this
Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and
(iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
A-2
01203.0006/875929.1 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 on
the dates set forth below, with express intent that this Amendment No. 3 shall be effective as of
October 3, 2023.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
____________________________________
Barbara Ferraro, Mayor
Date:_________________, 2023
ATTEST:
_________________________________
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
William W. Wynder, City Attorney
CONSULTANT:
JOHN L. HUNTER & ASSOCIATES, INC.,
a California corporation
By: ________________________________
Name: John L. Hunter
Title: President
By: ________________________________
Name: Jillian Brickey
Title: Secretary
Date:_________________, 2023
Address: 6131 Orangethorpe Ave Ste 300
Buena Park , CA 90620
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the
following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary,
Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S
BUSINESS ENTITY.
A-3
01203.0006/875929.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-4
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01203.0006/875929.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-5
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01203.0006/875929.1
EXHIBIT “A” AMENDMENT NO. 3
A-6
SCOPE OF SERVICES FOR THE PERIOD DECEMBER 21, 2021
THROUGH JUNE 30, 2023
ram Se ices
Coordi na
01203.0006/875929.1 A-7
Geosyn t ec vii i serve as a subcontr ctor to assist with Scope of Serv ice Task 2.2. Their costs are
incorporated into our Not-to-Exceed cost estimate Table 7.
Tasks
2.1. a ershed Mee in gs Tasks
Coordination Schedu e monthly meetings, prepare agendas, meeting minu es, and
nica Bay ater5 ed
e
Reporting R th
E P. is is o e-m -r) fa requ ired updates o
and EW P and o address Regiona l Board required re ·sions a er E MP
Cantin ency asad) 2021 S4 Perm i
2.3. External and Alte
Coordination rd ina e t he p o TMDlcompliance, T idera ion, and Regional
2.5. · 1a er-shed Repo
jects w i h age cies · in a d ou ids o t G on an on-going, as
ded basis.
de g modu les or Co ~c Agency
e ch o bed livered on 2 s,eparate ocxas10M,
ors have 2 choices o dates for tra inin .
Repo i ng and 1nali ed · · · epon:s
Revie
2.9. C
lmpfe
includ ing Cl P · n
~· ~
peci 1ed
t 1 e per
scope o wo de liverab le pod ced bv oth r genc ies
heir consul an s, and pro · de comments on a on-going,
as soil borings
Coord ina e ith pro ect staff report on r ress and QA/QC delivera es.
01203.0006/875929.1 A-8
Sour~e ID Repo ing
OU Servic:es
round of i nvest e requ ired by he upda ed M
Pe e prior i ·zed ou · · can non-storm er
dis for source iden
As n report is requ i r
report o he r he source 1den ifi
s ified deadl ine u on compl e 10n oft ion.
Perm it, prepar e a
prior to the
mmu among · PVP MG , and
. Provi de ass istance w
pro·ect staff, repo on pro ress, and ONQC deliverables.
01203.0006/875929.1 A-9
SCOPE OF SERVICES FOR FISCAL YEAR 2023-2024
Table 1. Sco pe of Oity-s pec iific Mu nic ipal NPDES Prcsra m Se rvi ce s
il ab le infer ation .
applica ble .
Coo rdi at e with p oj e taff, re port on orog ress , a d QA/Q d e live rab le s.
01203.0006/875929.1
SCOPE OF SERVICES FISCAL YEAR 2023-2024 & FISCAL YEAR 2024-2025
A-10
Tasks Desc r ipt io n
1 Ca nyon Cont inuou s Flow Mo n it ori ng
Mon itor NVS w ill prov ide cont in uous fl ow mo n it oring se rvices at two LAH-CM outfa ll
loca t io ns (wh ic h evaluate Avr i l Ca nyo n and Sa n Pedro Ca nyon ) w it hi n t he ci t y and
t he Los Angeles Harbo r ove r t he cou rse of t wenty one (21) mont hs to determ ine if
t he canyo n effective ly re t ai ns t he 85 th percentile, 24 -hou r sto r m even t . The res u lts
of t he cont in uo us flow m o nitoring data wi ll be presented i n tech nical memorandums
prepared for each fiscal yea r.
NVS 's sco pe of work and cos t b reakdown for t his task is included in At tachme nt A of
t he proposa l. T heir st andard ra t e sc hed u le is inco rpo rat ed in t he follow i ng sect ion .
2 Techn ical Assistance
Te ch nica l Ass ist ance JLHA wi ll coo rd i nate and fac i lit ate com mu nicatio n amo ngst the Cit y and t he
mon ito r ing consultant . Prov ide ass ista nce wi t h rev iew o f monito r ing res u lts .
App licable to A ll Tasks
Project Ma nageme nt Coord i nat e w it h project st aff, repo rt on progress, and QA/QC deliverables.
01203.0006/875929.1
EXHIBIT “C” AMENDMENT NO.3
SCHDULE OF COMPENSATION
A-11
COMPENSATION FOR FISCAL YEAR 2023-2024
Tab le 4 . Estimated Not-to-ExC'ee d Cos ts
T•k Neme Cost Totel1
1. CITY-SP ECI FIC M UNICIPAL NPOES PRO GRAM SIERVICES $ 78,091
1.1 Progra m Administration,, Comp l ian ce Plann ing an d Repo rti ng Tasks $ 26,320
1.2 Program Fundi ng Ass istance $ 4 ,080
1.3.1 capital Pr ojects a nd Pr ograms {As-needed) $ 5,100
1.3.2 Planning and Land Dev elopment $ 9,945
1. 3 .3 Construction $ 9,945
1.3.4 Industrial/commerci al and Cl ean Bay Restau ra nt Faail ities $ 15,000
1.3.5 Public Agency Activiti es a nd Training $ 1,989
1.3.6 llllctt Discharge Investigations $ 3,060
1.3.7 Public Inform ation .and Parti ci pat io n $ 2,652
2 . em's SHA RE OF PtNINSULA WMG WMP SERVICES s 97,920
2 .1 Wate rshed Meetings Tasks $ 2 8,050
2 .2 WMP Reporting Program Im p lement ati on $ 28,050
2 .3 External and Alternative Com p l iance Opti ons $ 28,560
2.4 W at e rshed Report of Waste Oisch a,rge $
2.5 Adaptive M anagement $ -
2.6 Review and Coor d in ation w ith oth er Peninsula W M P Agencies $ 13,260
3 . CIM P IMPLEMENT ATION MOU SERVICES -S 1 8,462
3 .1 Non-Stonnwater Outfall Sc reen ing Program (As-need ed ) $ 6,630
3 .2 Int egrated Monitoring Compli ance Re port (IMCR ) $ 2,5 50
3.3 Co rrespond wit h Monitoring Consu ltants $ 9,282
Total Not -to-Exceed $ 194,473
01203.0006/875929.1
COMPENSATION FOR FISCAL YEAR 2023-2024 & FISCAL YEAR 2024-2025
EXHIBIT “C-1”
A-12
T ask N ame I Cost I T ot al
1 . Canyon Continuous Flow Mon it o r ing $65,545
Monitor I $6s,s4s I
2 Techn ica l Assis t ance $6,000
Technical Assistance I $6,000 I
T otal Cost $71,545
P E R SO NNEL RA T ES F OR F I SCAL YEAR 2023-2024
Pr incipal
Director
Program Manager
Staff Engineer
Pr oj ect Manager
Assistant Proj ect Manager
Proj ect Engineer
Compliance Specialist II
Proj ect Analyst II
Compliance Specialist I
Proj ect Analyst I
Admin istrative Ass istant, Laborer
State Certified Laborat ory Analysis
Lega l Consu ltation, Court Appearances/Document review, etc.
Subcon tract ed equ ipment
$210 / hour
$185 / hour
$185 / hour
$185 / hour
$175 / hour
$160 / hour
$160 / hour
$130 / hour
$130 / hour
$120 / hour
$120 / hour
$80 / hour
Cost + 5%
$250 / hour
Cost+ 5%
01203.0006/875929.1
PERSONNEL RATES FOR FISCAL YEAR 2023-2024 & FISCAL YEAR 2024-2025
A-13
JLHA Standard Rate Schedule
Pr i ncipal
Director
Program Manager
Staff Engineer
Project Manager
Assistant Project Manager
Project Eng i neer
Comp liance Spec ialist II
Project Ana lyst I I
Comp liance Spec ialist I
Project Ana lyst I
Adm in istrative Ass istan t , Laborer
State Certified Laboratory Ana lysis
Lega l Consultation, Court A ppea rances/Document revi ew , etc.
Subcontracted equipment
NVS Standard Rate Schedule
Pr i ncipal
Senior Project Manager Il l
Senior I
Assoc iate Ill
Assoc iate I
Spec ialist I l l
Spec ialist I I
Fi nancial Analyst II
$2 10 / hour
$185 / hour
$185 / hour
$185 / hour
$175 / hour
$160 / hour
$160 / hour
$130 / hour
$130 / hour
$120 / hour
$120 / hour
$80 / hour
Cost+ 5%
$250 / hour
Cost+ 5%
$235 / hour
$225 / hour
$210 / hour
$150 / hour
$135 / hour
$120 / hour
$110 / hour
$75 / hour
September 20, 2023
City of Rancho Palos Verdes
Attn: Ramzi Awwad
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Subject: Proposal for Canyon Continuous Flow Services
Dear Ramzi Awwad:
John L. Hunter and Associates (JLHA) and our subcontractor team NV5 welcome the opportunity to
provide our professional consulting services to the City of Rancho Palos Verdes with regard to the
environmental programs of Municipal NPDES (Stormwater).
Scope of Work
The scope of services consists of providing knowledgeable personnel on a time and materials basis to
assist the City with canyon continuous flow services. NV5 will lead Task 1 (Monitoring). The following is a
list of specific tasks.
Tasks Description
1 Canyon Continuous Flow Monitoring
Monitor NV5 will provide continuous flow monitoring services at two LAH-CM outfall
locations (which evaluate Avril Canyon and San Pedro Canyon) within the city and
the Los Angeles Harbor over the course of twenty one (21) months to determine if
the canyon effectively retains the 85th percentile, 24-hour storm event. The results
of the continuous flow monitoring data will be presented in technical memorandums
prepared for each fiscal year.
NV5’s scope of work and cost breakdown for this task is included in Attachment A of
the proposal. Their standard rate schedule is incorporated in the following section.
2 Technical Assistance
Technical Assistance JLHA will coordinate and facilitate communication amongst the City and the
monitoring consultant. Provide assistance with review of monitoring results.
Applicable to All Tasks
Project Management Coordinate with project staff, report on progress, and QA/QC deliverables.
A summary of the estimated costs and our latest Standard Rate Schedule is included on the following
page. Thank you again for the opportunity to offer our services. If you have any questions, you can reach
me at jhunter@jlha.net, or (310) 344-8650.
Sincerely,
John Hunter, Principal
B-1
0JLHA
MUNICIPAL CONTRACTOR
2
JLHA Standard Rate Schedule
Principal $210 / hour
Director $185 / hour
Program Manager $185 / hour
Staff Engineer $185 / hour
Project Manager $175 / hour
Assistant Project Manager $160 / hour
Project Engineer $160 / hour
Compliance Specialist II $130 / hour
Project Analyst II $130 / hour
Compliance Specialist I $120 / hour
Project Analyst I $120 / hour
Administrative Assistant, Laborer $80 / hour
State Certified Laboratory Analysis Cost + 5%
Legal Consultation, Court Appearances/Document review, etc. $250 / hour
Subcontracted equipment Cost + 5%
NV5 Standard Rate Schedule
Principal $235 / hour
Senior Project Manager III $225 / hour
Senior I $210 / hour
Associate III $150 / hour
Associate I $135 / hour
Specialist III $120 / hour
Specialist II $110 / hour
Financial Analyst II $75 / hour
Estimated Costs
This project will be on a time and materials basis. We will provide consultant services not to exceed the
budgetary amount without the City’s prior authorization.
Task Name Cost Total
1. Canyon Continuous Flow Monitoring $65,545
Monitor $65,545
2 Technical Assistance $6,000
Technical Assistance $6,000
Total Cost $71,545
B-2
I I
I I
I I
3
Attachment A
NV5 Proposal
B-3
NV5
3777 Long Beach Boulevard Annex Building Long Beach CA 90807 United States of America
T (562) 495 5777 F (562) 495 5877 Toll-free (800) 777-0605 | NV5.com
September 20, 2023
Mr. John L. Hunter, PE
John L. Hunter and Associates, Inc.
6131 Orangethorpe Avenue, Suite 300
Buena Park, California 90620
RE: Scope of Work and Budget for Continuous Flow Monitoring
Dear Mr. Hunter,
NV5 is pleased to present the John L. Hunter and Associates with this scope of work and cost estimate to
conduct Continuous Flow Monitoring for the City of Rancho Palos Verdes (City) during the 2023-2024 and
2024-2025 monitoring years. NV5 is 100% committed to providing the City with exceptional, high quality
monitoring and data processing support. We are eager to support the City and John L. Hunter and Associates
with sound technical experience, dedicated customer service, and strategic recommendations that protect
your operational interests, your stakeholder’s concerns, and the environment. Please do not hesitate to call
me with any questions.
For and on behalf of NV5,
Garth Engelhorn, CPSWQ, QISP/ToR
Water Resources Senior Project Manager
3777 Long Beach Boulevard Annex Building
Long Beach, CA 90807
Phone Number:760-644-0167
Email: Garth.Engelhorn@nv5.com
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2
1 EXHIBIT A: SCOPE OF WORK
NV5 will conduct the following tasks to implement Continuous Flow Monitoring during the 2023-2024
and 2024-2025 monitoring years.
Task 1: Project Management and Coordination
NV5 will routinely coordinate with the City and John L. Hunter and Associates to provide updates and
discuss any potential modifications necessary for the continuous flow monitoring activities. This task
includes planning and implementation of the project, relevant meeting attendance, coordination with the
City and John L. Hunter and Associates, budget management, and monthly invoicing/reporting.
Task 2: 2023-2024 Flow Monitoring (9 months)
NV5’s proposed flow equipment includes an ultra-sonic sensor and data logger with near real-time access
through NV5’s MS4 Flow System web portal. NV5 will install two flow monitoring units (one per
monitoring site) prior to October 1, 2023 and maintain the equipment in working order for the nine-month
deployment period from October 2023 through the end of June 2024.
Task 3: 2024-2025 Flow Monitoring (12 months)
NV5’s proposed flow equipment includes an ultra-sonic sensor and data logger with near real-time access
through NV5’s MS4 Flow System web portal. NV5 will maintain the equipment in working order for the
twelve-month deployment period from July 2024 through the end of June 2025. The equipment will remain
installed for the monitoring planned in Task 2.
Methodology for Task 2 and Task 3
The continuous flow monitoring equipment will be located the two LAH-CM outfall locations (which
evaluate Avril Canyon and San Pedro Canyon). During the installation, the storm drain dimensions and
slope will be measured, and the flow equipment will be programmed to continuously log flow
measurements at 5-minute intervals for the duration of the deployment period. Flow rates will be measured
in accordance with the NPDES Storm Water Sampling Guidance Document (EPA-833-B-92-001). The
flow monitoring equipment will be maintained throughout the deployment to ensure functionality (site visits
approximately every other month). NV5 will review the continuous flow data remotely to prevent data gaps
through routine data evaluation, automated equipment alerts, and quick responses to resolve any issues.
Calibration of all monitoring equipment will be conducted immediately prior to deployment and periodic
maintenance and calibration will be scheduled based site evaluations of the real-time data. All calibrations
will be conducted in accordance with the manufacturer’s specifications and equipment will be calibrated
on- site and field verified for accuracy with a level measurement tape. NV5 will conduct instantaneous flow
measurements as needed during to ensure accurate flow calculations are kept updated and reflect any
changes to the site conditions. A maintenance log form will be kept on file to detail the dates of instrument
inspection, battery replacement, and any problems noted with instruments. Upon completion of the
deployment period, NV5 will remove all flow equipment.
NV5 will conduct routine quality assurance/quality control (QA/QC) of the flow data and calculations. NV5
will access the continuous flow data remotely to ensure the equipment is continuously monitoring,
recording, and presenting accurate flow data on the web portal. Upon request, NV5 will provide flow history
file deliverables that include summary of flow statistics, daily/weekly flow statistics tables, site photos, and
general site observations.
NV5 will provide the project staff with access to NV5 ’s MS4 Flow System web portal so that the site’s
status can be reviewed in real-time from any web enabled device. The web portal generates site-specific
reports to monitor flows on a daily evaluation and broken into weekly, and monthly totals. The project staff
will have access to weekly data summaries including flow statistics and flow hydrographs in both Excel
and Adobe Acrobat format. NV5 will provide a continuous flow monitoring data deliverable to the City
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NV5
3
and John L. Hunter and Associates in Excel format one month following the 2023-2024 and 2024-2025
deployments.
Task 4: Technical Memorandum
NV5 will prepare a brief technical memorandum summarizing the results of the Continuous Flow
Monitoring following completion of the 2023-2024 and 2024-2025 deployments. The assessment will
include an analysis of the observed flow measurements compared with the observed rainfall, with a focus
on observed flow volumes for storm events less than or equal to the 85th percentile, 24-hour storm event.
The memorandum will identify the purpose of the monitoring, methodology, results, conclusions, and any
limitations, and be accompanied with applicable maps and figures. A draft memorandum will be provided
to the City and John L. Hunter and Associates for review and comment within two months following the
2024-2025 deployment. Following one round of comments, NV5 will prepare and submit a final technical
memorandum.
Assumptions
• Access agreements may be necessary, but no encroachment permits will be required.
• NV5 assumed a total of two flowmeters will be needed to monitor the two LAH-CM outfall
locations (which evaluate Avril Canyon and San Pedro Canyon).
• Traffic control plans will not be necessary. Standard traffic caution procedures will be used as -
needed.
• NV5 assumed the sites may require confined space entry for installation and removal. When
confined space entry is required, field teams properly trained and certified in confined space entry
will use confined space equipment including use of a tripod, winch, and harness system for fall
protection and emergency egress, four gas monitoring, two-way communication, and air ventilation
as-needed.
• Task 4 assumes preparation of one draft memorandum and one final memorandum to address
comments from City and John L. Hunter and Associates.
References
USEPA (U.S Environmental Protection Agency), 1992. NPDES Storm Water Sampling Guidance
Document. EPA 833-B-92-001. Office of Water, USEPA, Washington, DC. July 1992.
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NV5
4
2 EXHIBIT B - COST ESTIMATE
NV5 has estimated the total cost to complete all tasks described in the scope of work below. The cost
estimate summary for each task and total project cost is provided in Table 1. The detailed cost estimate
worksheets including itemized labor costs and equipment costs for each task are provided in Table 2.
Table 1. Cost Estimate Summary
Continuous Flow Monitoring Total Staff
Hours
Total Labor
Costs
Total
Reimbursables Total Costs
Task 1. Project Management and Coordination 26 $ 5,250.00 $ - $ 5,250.00
Task 2. 2023-2024 Flow Monitoring (9
months)120 $ 16,670.00 $ 6,177.50 $ 22,847.50
Task 2. 2024-2025 Flow Monitoring (12
months)140 $ 19,380.00 $ 6,827.50 $ 26,207.50
Task 4: Technical Memorandum 60 $ 11,240.00 $ - $ 11,240.00
52,540.00$ 13,005.00$ 65,545.00$ Total Project Cost
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NV5
Table 2. Detailed Cost Estimate
Hourly Rate Hours Cost Hours Cost Hours Cost Hours Cost
Principal 235.00$ -$ -$ -$ 2 470.00$ 470.00$
Senior Project Manager III 225.00$ 20 4,500.00$ 16 3,600.00$ 18 4,050.00$ 16 3,600.00$ 15,750.00$
Senior I 210.00$ -$ -$ -$ 20 4,200.00$ 4,200.00$
Associate III 150.00$ 4 600.00$ 12 1,800.00$ 14 2,100.00$ -$ 4,500.00$
Associate I 135.00$ -$ 46 6,210.00$ 54 7,290.00$ 22 2,970.00$ 16,470.00$
Specialist III 120.00$ -$ -$ -$ -$ -$
Specialist II 110.00$ -$ 46 5,060.00$ 54 5,940.00$ -$ 11,000.00$
Financial Analyst II 75.00$ 2 150.00$ -$ -$ -$ 150.00$
Labor Fee Costs 26 5,250.00$ 120 16,670.00$ 140 19,380.00$ 60 11,240.00$ 52,540.00$
Notes Unit Cost units Cost units Cost units Cost units Cost Totals
$0.655 mile 0.66$ -$ 500 327.50$ 500 327.50$ -$ 655.00$
$325/month or $3,250/year 325.00$ -$ 18 5,850.00$ 2 6,500.00$ -$ 12,350.00$
ODCs Cost -$ 6,177.50$ 6,827.50$ -$ 13,005.00$
Total Project
Cost
65,545.00$
TotalsContinuous Flow Monitoring
Task 1. Project
Management and
Coordination
Task 2. 2023-2024
Flow Monitoring (9
months)
Task 4: Technical
Memorandum
NV5 Title
Task 2. 2024-2025
Flow Monitoring
(12 months)
Other Direct Costs
Total Cost Estimate (Labor and ODCs)5,250.00$
Mileage
MS4 Flow System
Task 4: Technical
Memorandum
11,240.00$ 22,847.50$
Task 1. Project
Management and
Coordination
Task 2. 2023-2024
Flow Monitoring (9
months)
Task 2. 2024-2025
Flow Monitoring
(12 months)
26,207.50$
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NVS
C-1
DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
AMENDMENT NO. 2
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
("Amendment No. 2") by and between the CITY OF RANCHO PALOS VERDES, a general
law city & municipal corporation ("City"), and JOHN L. HUNTER & ASSOCIATES, INC., a
California corporation ("Consultant") is effective as of June 20, 2023.
RECITALS
A. City and Consultant entered into an Agreement for Professional Services dated
December 21 , 2021 ("Agreement") whereby Consultant agreed to provide consulting services
related to complying with stormwater quality regulations and laws ("Services") for a Term of one
year ending December 20 , 2022, with a maximum Contract Sum of $200,000, and with the option
to extend the agreement 3 additional years.
B. On July 1, 2022 City and Consultant agreed to extend the Agreement by six (6)
months through June 30 , 2023 and increase compensation by $100 ,000 for a total not to exceed
Contract Sum of $300,000 ("Amendment No. 1 ").
C . City and Consultant now agree to further extend the Term by one year through June
30 , 2024 with one additional one-year extension remaining, modify the scope of services, and
increase compensation by $194 ,473 for FY 2023-24 , for a total not to exceed Contract Sum of
$494 ,473.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added te xt in bold italics.
a . Section 2.1, Contract Sum, is amended to read:
"Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference. The total
compensation, including reimbursement for actual expenses, shall not exceed
$300 ,000 (Three Hundred Thousand Dollars)$494,473 (Four Hundred Ninety
Four Thousand Four Hundred Seventy Three Dollars) (the "Contract Sum"),
unless additional compensation is approved pursuant to Section 1.9. Compensation
for FY 22 23 shall not exceed $200 ,000 (Two Hundred Thousand Dollars)."
b. Section 3.4, Term, is amended to read:
"Unless earlier terminated in accordance with Article 7 of this Agreement,
this Agreement shall continue in full force and effect until completion of the
services but not exceeding June 30, 2023June 30, 2024, except as otherwise
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DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
provided in the Schedule of Performance (Exhibit D). The City may, m its
discretion, extend the Term by three one additional one-year terms."
c . Exhibit "A", Scope of Services is repealed and replaced with the
attached Exhibit "A" Amendment No. 2 Scope of Services.
d. Exhibit "C", Schedule of Compensation is repealed and replaced with
the attached Exhibit "C" Amendment No. 2 Schedule of Compensation.
01203.0006/8968 1 I.I
e . Exhibit "D", Schedule of Performance is amended to read:
"Consultant shall deliver the following tangible work products to the City
by the following dates and in compliance with all regulatory requirements.
A. Draft MS4 Permit Annual Report by November 15 each year.
B. Newsletters bimonthly and NPDES/WMG meeting summaries
within 10 working days of meeting.
C. Industrial/commercial
inspection reports and violation
inspection/violation.
and Clean Bay
notices within
Restaurant
one month
program
of the
D . Illicit discharge detection investigation reports and violation notices
within one month of investigation.
E. Training presentations at time of training and new and revised
template documents and BMP fact sheets at time of training. Training is conducted
once a year, ideally prior to or at the beginning of the rainy season.
F. Revised Public Outreach materials as needed.
G . Reviewed LID Plans and SWPPs within 10 working days of
receiving initial plan submittals. Follow up reviews will be performed within 10
working 10 days.
H. Construction program inspection reports and violation notices
within one month of the inspection/violation.
I. Watershed meeting agendas 1 day prior to meeting.
J. Revise draft EWMP in accordance with the comments received
from the Regional Water Quality Board, within three months of receipt of
comments.
K. Model contract language to transfer permit responsibility for
implementing Table 18 Activity BMPs and 12 required road reconstruction BMPs
per the MS4 Permit to contractors within the first year of EWMP Implementation.
-2-
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DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
L. Draft Watershed ROWD one month prior to June 1, 2022 deadline
for first year, and one month prior to deadline coinciding with Adaptive
Management process.
M. Draft Evaluation of the EWMP (Adaptive Management) -One
month prior to biennial April 19 deadline.
N. Draft Non-Stormwater Source ID Report-10 working days prior to
deadline for source identification.
0. Draft Integrated Monitoring Compliance Report by November 15
each year."
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement,
it shall mean the Agreement, as amended by Amendment Nos. 1 and 2 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 2,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 2,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this
Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and
(iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/89681 I.I -3-
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DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
[§~;:~1~h
William W. Wynder, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
~DocuSigned by: ~~
Barbara Ferraro , Mayor
CONSULTANT:
JOHN L. HUNTER & ASSOCIATES,
INC., a California corporation
By:
By:
Ii DocuSign ed by:
~~:,p,~:CF~
Name: John L. Hunter
Title: President
Name: Jillian Brickey
Title: Secretary
Address: 6131 Orangethorpe Avenue, Su
Suite 300
Buena Park, CA 90620
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006/8968 1 I.I -4-
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DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness , accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On ____ , 2023 before me , _______ , personally appeared _______ , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by
his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _______________ _
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAP A CITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
TRUSTEE(S)
LIMITED
GENERAL □
□ □ □ □
GUARDIAN/CONSERVATOR
OTHER ___________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203 .0006/896811.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
C-6
DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On ____ , 2023 before me , _______ , personally appeared _______ , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by
his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _______________ _
OPTIONAL
Though the data below is not required by law , it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
TRUSTEE(S)
LIMITED
GENERAL □
□ □ □ □
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203 .0006/896811.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
EXHIBIT "A" AMENDMENT NO. 2
SCOPE OF SERVICES FOR THE PERIOD DECEMBER 21, 2021
THROUGH JUNE 30, 2023
01203 .0006/896811.1
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DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
Geos.vntec will serve as. a s.uboontrador t:o as.sls.t with Soop of Service Task 2.2. Thelr cos.ts are
im:orporat,@d lnto our Not-to-E:icc@@d oost@,stimat@ TabTe 7.
Table 5. Scope o City's Share of Peninwla W G EWMP Services
Coordination Schedu e man ly meeti n.~, prepare .:1g,e11da$, meet ing m inutes, .:1nd
presentetio.r:,s on an on-going basis. Attend Sout Santa onica Bay ete.rshed
Steer i ·Comm ittee eeti n s to represent tlhe PVP W G.
Note:
Coordin:ation Coordinate with other updated PVP EWMP Agency informai ·on for in ut into e
PVP W G Reasonable Assura ceAnalys.is (R.AA) model and EWMP. Th is is,aone-
t i me effo (every 5 -yearJ for required updates to t he flAA and E P .ind o
add ,ren Re io:nal Bo.:1rd r . ui ired re 'siom efter E MP $Ubm i al.
Repo ing Rev ise the upcfated PVP E · P easo ab e Assurance Analysis (1RAA} od and
EWMP. This is a o e-·me effort (every S-year) for requ ired upda tes to he RAA
and EWMP an,d to add ress Regi ona l Board required rev i sion.s: a "er EWMP
submitts l.
Con.t in ency I Con t i -e cy for UnM!eased) 2021 MS4 Pe rmit R. · uirements
2.:3. External and Altemative Compliance Options
Coord in.a ion Coordinate the p ursuit o · TM DL conn;p I iance, TM DL recon~i dera ion, and Region al
Proj8<G1ts wit h ag@rrni @s widi in and ou~i:da ofthE! ?VP G on a.non-going, 13S
esed ed basis.
2,4, Pub lic A,gem:y Ac ivH e~
T rai ing Al:tiviti es Develop and deliver dis inct tn;iining modules or Coru:truction and Pubfic Agen.cy
Activi ies, customized for PVP WM G ea ch o be de live red on 2 separate ocxasi o s
so that Chy staff/contractors have 2 cho1ces of date.s for tra ining,
in,g Dr.aft and in:e l ize ROWD bas,edon Waters ed end I d ividue ! annua l r,eports
induding CIMP In egrated Monitoring Compliance Report and new information
r-eceived since annuai l repo prepara ion perthe . S4 Permit. The ROWD ill be
d u e prior to he sped ed de d I ine when the u da eel MS4 Permit re . u ires it.
Repo ing Prepare a eva l uation oft e EW P every two ears (unless othe ·se speci ied
in ~he updated MS4 Perm ' ), adapt ing the EWMP to become more effec i e per
Coord i na i on
Review
2.9. Con
Im
01203.0006/8968 11.1
the requirement s of the 54 Perm it . odificaf on:s to the E P will be
implemi.:nt.ed upo:n approva l by e Re ion.al W:et:er Board.
Coordinate w· h other Pen i nsu la EWMP agencies to impl emen jo1n activifes on
an on.-oi n 8S nB@ded basis.
Rev i ei.'I shared E\NMP soop-e o wol'1k deli~rab!e produ:ced by other agencies.
party o t h e E\IVMP , or ttie 11' consultants, and provide comments on .an on -going.
as neeoed basis .
. for Prn -@ctG@ot@chn i cal Wo:rk
Implement si te-specific geotechn ica l wor such as soil borings
Coord inate w ith ro·ect st.1ff, r@ ort on pro ·ress and OA/0.C ds iwrab!es.
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DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
lable, 6, Soo p e of ,a MP lmp1 e mentati on MOU Services
Tasks Descrip ion
Source ID lnvest1gation As needed: i a other round of i nvesti gatio s are, requ i red by the upda ed -S4
Permit, inves t fga e t he, prioritized outfalls wi t h si~n i can ncm--stormwa,ter
d i:s.c ,;i br dlead lifl8 for sou oe id @ntifica iofll.
Source ID Reporting As ne-eded: lhnother re[POrt is requi red by t he upda ed MS 4 Permi , prepare a
report o he results or 'he source identifica 1on investig:at ion prior to t he
spedfled dead line !,ilpon complet ion of t he i nves igati on ,
Coordina e and faci lit at e comm u
App!ica b !e to Al l Ta sks.
Proj ec -_ an agement Coo r d inate wim p roj ect staff, rel)Ort on progress, and Q/VQC d eliverabl es.
[Continues on following page]
01203 .0006/896811.1
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DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
SCOPE OF SERVICES FOR FISCAL YEAR 2023-2024
Ta tile 1. Scope of Oity-5pecific M 1.mic ipa1 N PDES ProBriil m 5ervire5
Ta5ks Descr i ption
1.L Program Aclm i nistrat i Dn, Co mpl iance Pl an ning a ml Repmt ing l as.ks.
Jlrogram up elates Prov ide pmject and pro gram s.ta tus up dat es..
ln t era.,ore n cy meet i ngs Rel]:resem the City in me-etings./corres po11 ,clence w it h pro gr,a m .stake ho lders.
Tec hni ca l ass ista nce Sti ,are t echni ca l pro gr am inform at i Dn and exp ertise w it h City staff.
!Pro gram developm ent Ass ist i:n p repar ing and updat ing pro gram dornment s.
!Program a.ssess m ent Ass ess pro gra m co m pl ian cea ru:I remmmend act ions.
WM Pand CIM P Ass iist with t he develoom ent and i rrm l emen t ation of t he WM P and CIMP .
ThtD l...s Ass ist with TM DL wmp li a nee plan ni ng , im pl em entatian , al'lld repmting.
Tr ash TMD L S,tun,"y Ass i,st the City w itih tih e Tra.sh TM Dt DGR Study.
Tras h Pmvi.siDns Ass i,st the City w itih tih e Stat ew ide Tr,as ri Prov isi Dn s..
Ciomp li.an oe relP orts. Ass ist with the prcepara tiol'll of NP DES ,and TM DL comp l i ,m ce r eports.
Dat abase manageme nt Operate and maint,a in an ,am ess.ib le on li ne d,atabas es ,of progr ,am reco rd s..
As.-n eede d assistance As nee ded : As.s i s.t w illh Mun ici pa l NPDES s.,e r,..i [es not l iste d i n tll is. scope .
1.2 . Program fu m:l i l'lll Assistance
SCW P Pl ans and Re1P OrtS Pr epa re SCW P A nnu a I Pi an and Armual Reports .
IPro g!f"ilm llll ela tes As nee ded : Pmvi cfe updates m-nh e sew P and other N PD ES fund i ng p no gra m.s .
Meet i ngs As nee ded : Rce pres entthe aty i n fund ing mee til'lgs and rnrrespondence .
IFul'lld i ng app Ii cat ions As nee ded : Pr ,eiP are SCN P and gra nt a ppl ica t i Dns. and assis.t i n ,ad mi l'l Lstration.
lfee-.s , budget s., agree m ents. As nee ded : De-\1\elo p and adm ini s.te r fees, budget s., and costs.hare agree m errts .
L3. Co-ntml Progr ams
1.3.1 Capita l Proj ects. and Program s (As. ne,e,ded)
!Proj ect i mp l ementati on As nee ded : As.sis.t i n impl ementin.g NPD ES cap ital proj ects. and progirams.
1-3.2 Planning aml land Devel opmellt
Tr a[ki n.g U p!!ate LID BM P reco r ds w ith ava il ab l e pmgram inform ation_
!Rev iew ing Review LID Pl ans and r elated dornmel'll t s.
llrn speci:i orns As nee ded : Verify BMP installation and O&M and i s.s ue ern fo r ce m ent .
1.3 .3 Constru ctio n (for sit!!S that d istu rb 2 1 acre. As needed f or sites t hat d istu r b < 1 ac re.)
Trai::ki n.g Up~ate sit e r eco rd s with av ail alll le prog ram invel'll tory info r mation .
Rev iew ing As nee ded : Rev iew SWP PPs and ESCPs for BMP implemel'll tati Dn.
lll'll spect i Dl'llS Conduct BM P inspect i Dns, fo l low-1..1 ps_, and i s.s ue enfm ce m ent.
l.3..4 In dust ri al/Commerci al Faci li i:i e-s
CBR Prog ram Ass ist with the fo l l Dwi ng su lll tas.ks. re lated to CBR f aoil ities..
Tr a[ki ng U pl!ate industri aljcommerc ial fa [il ity re cord s us ing .av.ai lab l e d ata sour ces..
Educat i on Distribute, dev,eloJJ<, UJJcl ate , aru:I p1..1 r cih ,ase education al mate r iaL
llnspec,i Dl'llS Sc he,cfu l e al'lld co rn:lu c, BM P i nspec t io ns, fo l low-up, and i ssue enfo r ce m ent.
1.3.5 Pul:Jl i c Age ncy Act iviti es and Training
Trac ki n.g Up~ate records. ior i nv entoried city f ac ilities w it h a,.,-a i lab l e i nf orm atiol'll.
llnspeci:i Dns In s.pee, BMP s a, City fac i liti es a rul ass is.t in se lec t i ng BM Ps..
Tr ain ing Deve lop and prov ide Municip al NP DES tr.ii l'l i n,g -fo r city s,afi' ,as. app li ca ble.
1.3.6 Ill i cit Di s.char¥e Invest iga t ions
lln\!lest igat ion s Conduct ·f iel d in\l\Estigat i Dns., fol low-up , and iss.ue enfun:e meni t .
1.3. 7 Pul:Jli c Information and Parti ci;p,ation
Tra[k i n.g Update remrds. for pu ltllic oui:re ach acti !Jit ies.
Eve nts Ass i,st with mmmunity eve nt s t o p ro mote po ll 1..1ti on pr eve ntion .
M ai esr i,al d ist r i but i Dni Provide and distJi bute educat i on a I m ate ria Is., i n duding ,a we l:J-site t ern plate.
Malie-r i,al dev elopm ent As nee ded : Updat e ,and de-\1\E lop ed ucat ion al mate-r ial.s a m:I con t ent _
Apl]l i cal:J le to Al l Tast:s
Proj ect M ana_ge m eill t Coo rdinate w it h pm ject s.taff, r ep ort on prco gr,e,ss, ,and QA/QC de liverab l es .
01 203.0006/8968 11.1
C-11
DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
Tabl@ 2_ Scope of City's Share of Pert lri su la WMG WM!> Services
Tasks Description
Meeti11 gs, Tas ks
Sche du le ma gs, p repa re agien s,e
goi ng bas is _ Atte :So util Sa nta · . g
t he PVPWM G.
WM P Upd ,ate a e PVP WM P as,
R•ei!J or.i ng
Coordi naticm
Riei!J orti n_g
2_3_ Ext
Coo r di rnat io n
Riei!J orti n_g
01 203 .0006/8968 11.1
Revis io s tot e Cl MP w ere .su bmitt
prop osa ll The LA. Wat.e laoa rd ma es t o i s, revise d OIIM P pr io t o its
,illP ro'iill. T he WMG may al so eoi, e OIIMP aga i w i in t h e t i me ra · e
al budge fir CIM P rev isi on s. i s,
i olud e i n he cos.t e~i ate _ G eosy -ec w il l pre p a re an'{ r evisio s. to "th e OI M P, with
ov ers,igh by J LHA _
Geosyntec wil I p pare t he MS4 Pe rm it A nua l M o it ori n_g R.fil] o e
sem ha rt u-I CIM P on i ori rn g res ul s, w it h ass i.s n m ce ,;mi oversi
W it h tile assistanoe ofGeosyntec , JLHA w i ll -re par,e t ih e s,errn him
Repo s_ is w i II i elude rn ll e·c i g a ass,ess i:n g WM P i m pie e
partici pating .age nci es usi g t h e W RAMPS2 reporting sys tem, as 1,ve l l as,
WMGcom l i a ,c,e w it WM P ea d li nes.
d sem i-A nua l WM P Pr ogr ess
Re w it h su f fi d e revi e w by ·· be rs pri or to ,es, b iss ion
, e es, (June 15t , t o 12/3-1 · arn d CIMP
mo -n ul s., a d Dece be r 15 a Ge sy tiec w il l su it
tile semi -a al OIM P monit m i g es deadl i e (6/15 arn d
12/15). -11 i nco r orate WM G c rm e -irna l Arnnu al
Monit ori ng R,eport tu e lA Wa er B d
M e-e ting tih e dea · es Ii · • d t u pon rece iv· · s,e-s
om WMG em s_ A l ea vm t o prepa re ha~
rnm ly w ith he re ui rements o -e
Rep o s in erms of MS4 NP DES Pe rm i.
ter Board , t ei a
li ance epends
Coa of T MD .mm gjo al
Proj ~ •endes, w it h i n and ou
e-e ei::I bas i1;_
W ate sh ed arnd l ndMdual anrn u al repor ts i ncludi ng
· -m g Co • l iarnce Report and ne w i nf or at i on rece ived si noe
4 Pe rmit. The ROWD wi ll be , e pri o o he
pa re an reva lu.a~ i on o erwis,e specified i n
u ated M :S4 Pe rmit!, a ing he EWMP o beco effective pert e
ui rements of he MS P · · · --· i ons, to e IE WM P w i II e i m lem e t ,e-
n app mval by he Reg io rd _
C-12
DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
2.6. Revi ew and Coo r
Coo r di na io n
Rev iew
Ap[IJl i ca le t o Al l Ta sks
roj ect M a age mellt
Tas ks
3.1. Nu
Sou rce ID I nve!;t ig.a tio
Sou rc e I D Repo rting
Coo rd i ni a e
Ap [IJl i ca le tu Al l Tasks
P ject M a nage mrell t
01 203 .0006/8968 11.1
0
e WM P, or t h.eir c
as is ..
la WMP age n cies to im ple ere jo int ac iv it i es o an
e liv er abl e Jr od1J1 ced l:Jy ot er ,ag eni ci es par ~• o
Coord inate w it h p ro j ec s aff, r,epo rl: on prog res..s , a d OA/QC del i""'era l es..
Table 3 . Seo e of CIMP rrnple1111e ntati0n MOU :serv ices.
al ou.·a1I scree ni ng and s,ource i nves.n igat io· s may be requ i r ed
'lfgeta ry all otm ent i Sa i ncl ud ed for t hicS
s d by Gem ,yn ec .
yn ec w i ll pr epa re a repo of'the
he S[IJ ec i"ied deadl ine pon
e MS4 Permi _
, t e
oni ori ng co n r a ru.
Coo· din.a te wit proj ect .st.,ff, report on p c g ess., and O.A/Q.C del iv.er a les.
C-13
DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
EXHIBIT "C" AMENDMENT NO. 2
SCHEDULE OF COMPENSATION
I. Compensation will be based on time and materials per the rate table below. Amounts
may be moved between line items so long as the total contract amount is not exceeded:
COMPENSATION THROUGH JUNE 30, 2023
Fiscal Year FY 21-22
Tas k 111ame Cost T ot als
1. □TY-SPEC I F I C M U N ICIPAL N PDES PROGRAM SERV ICES $64,050
1.1 Progr am Adm in ist rat io n, In clu din g Comp lliance Pl ann i ng an d Rep o rt i ng Tas ks $16,0 00
1.2 Progr am Fun d i ng $4,0 00
1.3.1 T ra i n ing $1,950
1.3 .2 M un ici pa l Pro j ects and Progr ams $5 ,000
1.3.3 New Dev el o p m e nt $9,7 50
1.3 .4 Co nst r uction $9,7 50
1.3.5 In d ust r ia l/Com m e r cial an d Cle an Bay Re st a u rant Fac ili ties $1 2,0 00
1.3.6 !Illic it Di sch ar ge Inve st igati o ns $3,000
1.3.7 Pu b li c Outreach $2,600
2. CITY 'S SHAR E OF PE N I NSULA WMG EWM P SERV ICES $114,000
2.1 Watershed M eetings Coo r d i nat ion $27,5 00
2.2 EWMP U p d at e Co o rd i na t io n and Re p o rt in g $27,5 00
2.3 Ext e rn a l and A llt e rnat ive Co m p li ance Optio ns $28 ,0 00
2.4 Pu bl ic Age ncy A c t iv it i es (C onstru cti o n Pro gram and Pu b li c Age ncy Activ it i es T ra i ning ) $8 ,000
2.5 W at ers hed !Re po rt o f W aste Di sc h a r ge {e x pec t ed FY 25 -26) $0
2.6 A da ptive Man age m ent $0
2. 7 Rev ie w an d Coor di n at ion w it h Ot h er Pe n i nsu l a EW M P Agenc ie s $13,000
2.9 Cont in ge ncy for Sit e Sp ec ifi c Geot e dmica ll W or k $10,0 00
3. CIMP IMPLEMENTAT IO N MOU SERV ICE S $18,100
3 .1 Outfa ll Scr ee n ing Pro gra m (if re qu i r ed by new M S4 Per m it ) $6,5 00
3 .2 I ntegrate d Monito r in g Comp l iance Re po rt $2,5 00
3 .3 Co rrespond wit h M o n itori ng Consu ltants and Pr ep ar e RFP $9 ,100
To t a l $196,150
~ 1.3.8 General Consultation As Needed : Time and Materials
01 203 .0006/8968 11.1
C-14
DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
COMPENSATION FOR FISCAL YEAR 2023-2024
Table 4 .. Est iinated Not-to-Exceed Costs:
Task Name Cost Totals
1. ClITY-SPEC IIFIC MUNICIPAL N PDES PR OGRAM SERVICES $ 78,091
1.l Program Ad'mi ni stratIio n, Compli an ce Plan ni ng an d Repo rti f1l g Ta,s:ks $, 16,320
1.2 Program fun ding .A.ssi sta nee $ 4 ,080
1.3 .1 Cilip i ta l Project:-; and Progirams (As -needed) $, 5,1 00
1.3 .2 Plann i ng an di lan d Development $ 9 ,945
1.3 .3 Co nstr ucti o n $ 9 ,945
1.3 .4 l n du stri al/Corn m erci al .and Clean Bay Re.stau ran t Facil i t ies $, 15,000
1.3 .5 Pub li c Agency Acti viti es an d Tr ai f1l ing $ :ll ,989
1. 3 . 6 Illic it Disdh arg;e Investi gations $, 3 ,060
1.3 .7 Pu b li c Information an d Parti c i pati on $ 2,652
2 . CliTY'S SHAR E O F PEN I NS U LA WMG WM P SERV IOES s 97,920
2 .. l Water.s hed M eet i ngs Tas ks $, 28,050
2 . .2 WMP Reporti ng Progr am lm p'lementatio n $, 18,050
2.3 E:demal ,a,nd Allternati v e Compli anoeOpl i o n s $, 28,560
2 .4 Wat eif.s hed Report of Wast,e D~ch a,rge $, -
2 .. 5 Adapti v e M an agement $, -
2 .. 6 Revi ew and Coo r,di n ati o n w i th Ol:h er Pe n i ns ula W M P Agencies $, B,260
3 . CIMP IMPLEM ENT AT ION MOUSER.VICES .s 18,462
3 .1 Non-Sta rm water O utfal I Se re.en i ng Program (As-need eel ) $ 6,630
3.2 'In tegrated M o n ito ri ng •Compli an ce Report (IMOR) $ 2,550
3 .. 3 Co rr espon d w it h M o n ifori ng •Co n.s ulltants $ 9 ,282
Total N ot-to-Ex<:eed $, 194,4 73
01203.0006/8968 11.1
C-15
DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
EXHIBIT "C-1" AMENDMENT NO. 2
PERSONNEL RA TES THROUGH JUNE 30, 2023
John L. Hunter & Associates, Inc.
Principal $185 / hour
Director $165 I hour
Program Manager $165 I hour
Staff Engineer $165 I hour
Project Manager $155 / hour
Assistant Project Manager $145 / hour
Project Engineer $145 / hour
Compliance Specialist II $115 / hour
Project analyst II $115 / hour
Industrical/commercial facility inspection $125 / hour
Compliance Specialist I $95 / hour
Project Analyst I $95 / hour
Administrative Assistant, Laborer (OSHA 40hr certified) $65 / hour
State Certified Laboratory analysis $Cost+ 5%
Legal Consultation, Court Apperances/Document review, etc. $250 / hour
Subcontracted equipment Cost+ 5%
This rate is subject to consumer price index (CPI) increases in subsequent years.
Geosyntec Standard Rate Schedule (Subcontractor)
Staff Professional
Senior Staff Professional
Professional
Project Professional
Senior Professional
Principal
Senior Principal
Project Administrator
Clerical
Direct Expenses
Subcontract Services
Personal Automobile (per mile)
01203 .0006/896811.1
$135 I hour
$157 / hour
$178 / hour
$200 I hour
$225 I hour
$245 I hour
$268 I hour
$74 I hour
$58 I hour
Cost plus 10%
Cost plus 10%
Current Gov't Rate
C-16
DocuSign Envelope ID: D628568F-4F4A-414 7-BD97-A880C1 EE2386
Princi pa l
Di r-ectm
PERSONNEL RA TES FOR FISCAL YEAR 2023-2024
Pr-ogram Manag:e r
St aff Eng in ee r
Project Ma nager
Ass istant Proje ot Manager
Pr-oject Engi n eer
Complianoe Speoia list II
Pr-oject Ana lyst II
Compliance Specia list I
Project Ana lyst I
Admi n istrat ive Ass ist ant , La bor-e r
St a t e Certified La boratory An a lysis
Lega l Consultatio n, Court Appearances/Dornment review, e tc.
Subcon tract ed e quip ment
01 203 .0006/8968 11.1
$210 / h our
$185 / h our
$185 / h our
$185 / h our
$175 / h our
$160 / h ou r
$160 / h our
$130 / h our
$130 / h our
$120 / h our
$120 / h our
$80 / h our
Cost + 5%
$2.50 / h our
Cost + 5%
C-17
Certificate Of Completion
Envelope Id: D628568F4F4A414 7BD97 A880C 1 EE2386
Subject: Complete with DocuSign : JHLA Stormwater Quality Consulting Amendment No . 2 FINAL.pdf
Source Envelope:
Document Pages : 16
Certificate Pages : 6
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures : 5
Initials: O
Time Zone: (UTC-08 :00) Pacific Time (US & Canada)
Record Tracking
Status : Original
6/21 /2023 10 :58:22 AM
Signer Events
John L. Hunter
jhunter@jlha.net
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/26/2023 9:46:40 AM
ID : 78af2993-759b-46f0-9ccd-001 b373f67cd
Jillian Brickey
jbrickey@jlha .net
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted : 6/26/2023 10 :11 :35 AM
ID: 08611fb1-0991-4cd1-9de5-3f81 e99afd3b
William Wynder
wwynder@awattorneys.com
Security Level : Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted : 6/26/2023 10 :12:41 AM
ID: 9d75368e-8151-40ea-9ef2-d3c7607affa7
Barbara Ferraro
barbara.ferraro@rpvca .gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted : 6/27/2023 4:08 :13 PM
ID: 4f062967-715d-40df-97bf-6165748326b6
Holder: Karissa Russell
krussell@rpvca .gov
Signature
Signature Adoption: Pre-selected Style
Using IP Address : 69 .75 .54.66
GDocuSigned by :
ilLi/Al,\, bvirl~
9B543F23AE2E4O0
Signature Adoption: Pre-selected Style
Using IP Address : 69 .75 .54.66
Signature Adoption: Pre-selected Style
Using IP Address: 104.28.85 .131
Signed using mobile
('Q OocuSigned by: L~~
Signature Adoption: Drawn on Device
Using IP Address: 72.211 .255 .186
Signed using mobile
DocuSign·
Status : Completed
Envelope Originator:
Karissa Russell
30940 Hawthorne Blvd.
Rancho Palos Verdes , CA 90275
krussell@rpvca.gov
IP Address: 72 .3 4.97 .146
Location: DocuSign
Timestamp
Sent: 6/21/2023 11 :11 :01 AM
Resent: 6/26/2023 9:26:32 AM
Viewed : 6/26/2023 9:46:40 AM
Signed: 6/26/2023 9:47:49 AM
Sent: 6/26/2023 9:47:51 AM
Viewed: 6/26/2023 10 :11 :35 AM
Signed: 6/26/202310:12:07 AM
Sent: 6/26/2023 10 :12:09 AM
Viewed : 6/26/2023 10 :12:41 AM
Signed: 6/26/2023 10:12:58 AM
Sent: 6/26/2023 10:12:59 AM
Viewed : 6/27/2023 4:08:13 PM
Signed: 6/27/2023 4 :09 :25 PM
C-18
Signer Events
Teresa Takaoka
TeriT@rpvca.gov
City of Rancho Palos Verdes
Security Level : Email , Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Ramzi Awwad
rawwad@rpvca.gov
Director of Public Works
City of Rancho Palos Verdes
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 3/2/2023 10:45:19 AM
ID : 3242b 72d-4 755-489d-8e5f-7c62dc3604 70
City Clerk
cityclerk@rpvca.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted : 2/1/2023 3:10:58 PM
ID: 505eed45-7 ed0-4db8-aae6-ef6eedfef03d
Lorna Cloke
lornac@rpvca.gov
Security Level : Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheri Bailiff
cherib@rpvca.gov
Permit Technician I (PW)
City of Rancho Palos Verdes
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Notary Events
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 75.83.180.163
Signed using mobile
Signature
Status
Status
Status
Status
Status
COPIED
COPIED
COPIED
COPIED
Signature
Signature
Timestamp
Sent: 6/27/2023 4 :09 :27 PM
Viewed : 6/27/2023 5:30:37 PM
Signed : 6/27/2023 5 :30:48 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 6/27/2023 5 :30 :50 PM
Sent: 6/27/2023 5:30:51 PM
Viewed: 6/29/2023 1 :00:02 PM
Sent: 6/27/2023 5:30:52 PM
Viewed : 6/27/2023 5:46:41 PM
Sent: 6/27/2023 5:30:52 PM
Timestamp
Timestamp
C-19
Envelope Summary Events
Envelope Sent
Envelope Updated
Certified Delivered
Signing Complete
Completed
Payment Events
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Security Checked
Status
Electronic Record and Signature Disclosure
Timestamps
6/21 /2023 11 :11 :01 AM
6/21 /2023 11 :23 :06 AM
6/27 /2023 5 :30 :37 PM
6/27 /2023 5 :30:48 PM
6/27 /2023 5 :30 :53 PM
Timestamps
C-20
Electronic Record and Signature Disclosure created on: 6/15/2021 5:55:39 PM
Parties agreed to : John L. Hunter, Jillian Brickey, William Wynder, Barbara Ferraro, Ramzi Awwad , City Clerk
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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C-21
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C-22
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C-23
AMENDMENT NO 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
This AMENDMENT NO 1 to the December 21, 2021 AGREEMENT FOR CONTRACT
SERVICES by and between the CITY OF RANCHO PALOS VERDES, a general law city &
municipal corporation ( City") and JOHN L HUNTER & ASSOC IA TES, INC , a Cali form a
corporation ( Consultant"), 1s effective as of July 1, 2022
RECITALS
A City and Cosultant entered into an Agreement for Contractual Services dated
December 21, 2021 ( Agreement") whereby Consultant agreed to provide consulting services
related to complying with stormwater quality regulations and laws (the Services") for a term of
1 year ending December 20, 2022, with a maximum Contract Sum of $200,000, with the option to
extend the agreement 3 add1t1onal years
B Based on the continuing need for Services, by this Amendment No l to the
Agreement, City and Consultant agree to extend the Agreement by six months through June 30,
2023 Compensation shall not exceed $100,000 during the period of January l, 2022 to June 30,
2022 and not exceed $200,000 during FY 2022-23, for a total Contract Sum of $300,000
TERMS
Contract Changes The Agreement, as amended, 1s further amended as provided
hereinafter (Deleted text 1s indicated in stnkethrough & added text in bold & 1tahcs )
a SectJon2 1, Contract Sum, 1s amended to read
Subject to any lim1tat1ons set forth in this Agreement, City agrees to pay
Consultant amounts specified in the ' Schedule of Compensation" attached hereto as
Exh1b1t C" and incorporated herein by this reference The total compensation including
reimbursement for actual expenses, shall not exceed Sl00,000 (Two Hundred Thousand
Dollars) $300,000 (Three Hundred Thousand Dollars) (the Contract Sum"), unless
add1t1onal compensation 1s approved pursuant to Section I 9 " Compensatwn for FY 22-
23 shall not exceed $200,000 (Two Hundred Thousand Dollars) Annual compensation
shall not exceed $200,000 (Two Hundred Thousand Dollars)
b Section 3 4, Term 1s hereby amended to read
3 4 Term Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
one (1) from the date hereof, June 30, 2023, except as otherwise provided in the schedule of
Performance (Exh1b1t D") The City may, in its d1scret1on, extend the Term by three add1t1onal
one-year terms"
2 Contmumg Effect of Agreement Except as amended by Amendments No l, all
prov1s1ons of the Agreement shall remain unchanged and in full force and effect From and after
0 I 203 0006/796717 I
C-24
the date of this Amendment No 1, whenever the term Agreement" appears in the Agreement, 1t
shall mean the Agreement, as amended by Amendments No 1 to the Agreement
3 Affirmation of Agreement, Warranty Re Absence of Defaults City and
Consultant each ratify and reaffirm each one of the respective nghts and obligations an sing under
the Agreement Each party represents and warrants to the other that there have been no wntten or
oral mod1ficat1ons to the Agreement other than as provided herein Each party represents and
warrants to the other that the Agreement 1s currently an effective, valid, and binding obligation
Consultant represents and warrants to City that, as of the date of this Amendment No 1,
City 1s not in default of any matenal term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a matenal default
under the Agreement
City represents and warrants to Consultant that, as of the date of this Amendment No I,
Consultant 1s not in default of any matenal term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a matenal
default under the Agreement
4 Adequate Consideration The parties hereto irrevocably stipulate and agree
that they have each received adequate and independent cons1derat1on for the performance of the
obligations they have undertaken pursuant to this Amendment No 1
5 Authonty The persons executing this Amendment No 1 on behalf of the
parties hereto warrant that (1) such party 1s duly organized and existing, (11) they are duly authonzed
to execute and deliver this Amendment No 1 on behalf of said party, (111) by so executing this
Amendment No I, such party 1s formally bound to the prov1s1ons of this Amendment No I, and
(1v) the entering into this Amendment No I does not violate any prov1s1on of any other agreement
to which said party 1s bound
[SIGNATURES ON FOLLOWING PAGE]
01203 0006/796717 I -2-
C-25
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written
ATTEST
APPROVED AS TO FORM
ALESHIRE & WYNDER, LLP
/1).
CITY
CITY OF RANCHO PALOS VERDES, a
mumc1pal corporation
CONSULTANT
HAROLD JOHN L
ASSOC IA TES, INC ,
HUNTER &
a Cahfom1a
Address 6131 Orangethorpe A venue
Suite 300
Buena Park, CA 90620
Two corporate officer signatures required when Consultant 1s a corporation, with one signature required from
each of the following groups I) Chairman of the Board, President or any Vice President, and 2) Secretary, any
Assistant Secretary, Chief Fmanc1al Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY
01203 0006/796717 I -3-
C-26
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completmg this certificate verifies only the 1dent1ty of the md1v1dual who signed the
document to which this certificate 1s attached, and not the truthfulness, accuracy or validity of that document
STATE OF CALIFORNIA
COUNTY OF LO§,AffGE(:{ 0 (ov1qe..
On J1.,11\i JO , 2022 before me, l,~d.a MO,,l{ bo11c,1personally appeared JI I\ l ~n (3(\ c..,~~1oved to me on the
basts of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the w1thm mstrument and
acknowledged to me that he/she/they executed the same m h1s/her/the1r authorized capac1ty(1es), and that by
h1s/her/the1r s1gnature(s) on the mstrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the mstrument
I certify under PENAL TY OF PERJURY under the laws of the State ofCahfom1a that the foregomg paragraph ts true
and correct
r a UNii.UAYOANCI I
N COMMISSION t 2329H3 i ~ • Notary Public -California ;J
f ' COUNTY Of ORANGE I
: .,.. Comm Exp JULY 24, 2024 •
• • ·••••••••••••••••••••••••••••••••••-•-•••I
OPTIONAL
Though the data below 1s not required by law, 1t may prove valuable to persons relymg on the document and could
prevent fraudulent reattachment ofth1s form
□ □
□
□ □ □ □
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORA TE OFFICER
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
LIMITED
GENERAL
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER -------------
SIGNER IS REPRESENTING
(NAME OF PERSON(S) OR ENTITY(IES))
01203 0006/796717 I 4
DESCRIPTION OF ATTACHED DOCUMENT
~d VY\..2-<'l+---W' e ( ok:is l cw:c \ flo/e.>t¼P<-t-
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
C-27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the 1dent1ty of the ind1v1dual who signed the
document to which this certificate 1s attached, and not the truthfulness, accuracy or validity of that document
STATE OF CALIFORNIA
~-/A' 0(0f'l~
COUNTY OF LrNuELES
On J ~r\R. tO , 2022 before me, L-\"'ol./,\~ 6?"'1li , personally appeared John !,.. Ht,<ti w, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in h1s/her/the1r authorized capac1ty(1es), and that by
his/her/their s1gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s true
and correct
WITNESS my =~al
Signature _ _,.&u--~-,,....--+-----------
I Q LINDA KAY QANCI 'I ~ CCWISSION , 2329H3 I
S • Notary PUbllc • California ;!
f COUNTY Of ORANGE ! _______________ ~_=?._!~~!-~~---__!
OPTIONAL
Though the data below 1s not required by law, 1I may prove valuable to persons relying on the document and could
prevent fraudulent reattachment ofth1s form
□ □
□
□ □ □ □
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORA TE OFFICER
TITLE(S)
PARTNER(S) 0
□ ATTORNEY-IN-FACT
LIMITED
GENERAL
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ___________ _
SIGNER IS REPRESENTING
(NAME OF PERSON(S) OR ENTITY(IES))
0 I 203 0006/7967 I 7 I 5
DESCRIPTION OF ATTACHED DOCUMENT
~~ t-fvr ~role .5S, /Ya\ t¼f ~ ~ +-
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
C-28
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
JOHN L HUNTER & ASSOCIATES, INC
0 I 203 000 l /699504 I EQG
C-29
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
JOHN L HUNTER & ASSOCIATES, INC
THIS AGREEMENT FOR CONTRACT SERVICES (herem "Agreement") 1s made and
entered mto on December 21, 2021, by and between the CITY OF RANCHO PALOS
VERDES, a Cahfom1a mumc1pal corporation ("City") and JOHN L HUNTER &
ASSOCIATES, INC, a Cahfom1a corporation ("Consultant") City and Consultant may be
refened to, md1v1dually or collectively, as "Party" or "Parties "
RECITALS
A City has sought, by issuance of a Request for Proposals, the pe1 formance of the
services defined and described particularly m Article 1 of this Agreement
B Consultant, followmg subm1ss1on of a proposal for the perfonnance of the
services defined and described particularly m Article 1 of this Agreement, was selected by the
City to perform those services
C Pursuant to the City of Rancho Palos Verdes Mumc1pal Code, City has authority
to enter mto and execute this Agreement
D The Parties desire to formalize the selection of Consultant for performance of
those services defined and descnbed particularly m Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herem
OPERATIVE PROVISIONS
NOW, THEREFORE, m consideration of the mutual promises and covenants made by
the Parties and contamed herem and other cons1derat1on, the value and adequacy of which are
hereby acknowledged, the parties agree as follows
ARTICLE 1 SERVICES OF CONSULTANT
1 1 Scope of Services
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified m the "Scope of Services", as stated m the Proposal, attached
hereto as Exh1b1t "A" and mcorporated herem by this reference, which may be referred to herem
as the "services" or "work" hereunder As a material mducement to the City entering mto this
Agreement, Consultant represents and warrants that 1t has the qualifications, expenence, and
fac1ht1es necessary to properly perform the services required under this Agreement ma thorough,
competent, and p10fess1onal manner, and 1s expe11enced m performmg the work and services
contemplated herem Consultant shall at all times faithfully, competently and to the best of its
ab1hty, expenence and talent, perform all services descnbed herem Consultant covenants that 1t
shall follow the highest professional standards m performmg the work and services required
hereunder and that all matenals will be both of good quahty as well as fit for the purpose
01203 000 I /699504 I EQG
C-30
mtended For purposes of this Agreement, the phrase "highest professional standards" shall mean
those standards of practice recogmzed by one or more first-class firms performmg similar work
under similar circumstances
12 Consultant's Proposal
The Scope of Service shall mclude the Consultant's Proposal which shall be mcorporated
herem by this reference as though fully set forth herem In the event of any mcons1stency
between the terms of such Proposal and this Agreement, the terms of this Agreement shall
govern
13 Comphance with Law
Consultant shall keep itself mformed concernmg, and shall render all services he1eunder
m accordance with, all ordmances, resolutions, statutes, rules, and regulat10ns of the City and
any Federal, State or local governmental entity havmg junsd1ct10n m effect at the time service 1s
rendered
1 4 Cahforma Labor Law
If the Scope of Services mcludes any "public work" or "mamtenance work," as those
terms are defined m California Labor Code sect10n l 720 et seq and California Code of
Regulations, Title 8, Section 16000 et seq , and 1f the total compensation 1s $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the reqmrements m
California Labor Code section 1770 et seq and 1810 et seq , and all other applicable laws,
mcludmg the followmg requirements
(a) Public Work The Parties acknowledge that some or all of the work to be
performed under this Agreement 1s a "public work" as defined m Labor Code Sect10n 1720 and
that this Agreement 1s therefore subject to the reqmrements of D1v1s1on 2, Part 7, Chapter 1
( commencmg with Section 1720) of the California Labor Code relatmg to public works contracts
and the rules and regulations established by the Department of Industnal Relat10ns ("DIR")
1mplementmg such statutes The work performed under this Agreement 1s subject to compliance
momtonng and enforcement by the DIR Consultant shall post jOb site notices, as prescnbed by
regulat10n
(b) Prevatlmg Wages Consultant shall pay preva1lmg wages to the extent
iequued by Lab01 Code Section 1771 Pursuant to Labor Code Section 1773 2, copies of the
preva1lmg rate of per diem wages are on file at City Hall and will be made available to any
mterested party on request By m1t1atmg any work under this Agreement, Consultant
acknowledges receipt of a copy of the Department oflndustnal Relations (DIR) determmat1on of
the preva1hng rate of per diem wages, and Consultant shall post a copy of the same at each jOb
site whe1e work 1s performed under this Agreement
(c) Penalty for Failure to Pay Prevailmg Wages Consultant shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concemmg the payment
of preva1lmg rates of wages to workers and the penalties for failure to pay prevadmg wages The
0 I 203 0001/699504 I EQG 2
C-31
Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker 1s employed for any pubhc work done pursuant to
this Agreement by Consultant or by any subcontractor
(d) Payroll Records Consultant shall comply with and be bound by the
prov1s1ons of Labor Code Section 1776, which reqmres Consultant and each subconsultant to
keep accurate payroll records and venfy such records in wntmg under penalty of perjury, as
specified m Section 1776, certify and make such payroll records avatlable for inspection as
provided by Section 1776, and inform the City of the location of the records
(e) Appientices Consultant shall comply with and be bound by the prov1s1ons
of Labor Code Sections 1777 5, 1777 6, and 1777 7 and Cahforma Code of Regulations Title 8,
Section 200 et seq concemmg the employment of apprentices on pubhc works projects
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprent1ceable occupations Pnor to commencing work under this Agreement, Consultant shall
provide City with a copy of the mformat10n submitted to any applicable apprenticeship program
Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a venfied statement of the Journeyman and apprentice
hours performed under this Agreement
(f) Eight-Hour Work Day Consultant acknowledges that 8 (eight) hours labor
constitutes a legal day's work Consultant shall comply with and be bound by Labor Code
Section 1810
(g) Penalties for Excess Hours Consultant shall comply with and be bound by
the prov1s1ons of Labor Code Section 1813 concemmg penalties for worker~ who work excess
hours The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars) fo1 each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day dunng which such w01 ke1 1s reqmred or permitted to work
more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week
in v10lation of the provisions of D1v1s10n 2, Part 7, Chapter 1, Article 3 of the Labor Code
Pursuant to Labor Code section 1815, wo1 k performed by employees of Consultant in excess of 8
(eight) hours per day, and 40 (forthy) hours dunng any one week shall be permitted upon pubhc
work upon compensation for all hours worked m excess of 8 hours per day at not less than l ½
( one and one half) times the basic rate of pay
(h) Workers' Compensat10n Cahfom1a Labor Code Sections 1860 and 3700
provide that every employer will be reqmred to secure the payment of compensation to its
employees 1f 1t has employees In accordance with the provisions of California Labor Code
Section 1861, Consultant certifies as follows
"I am aware of the prov1s10ns of Section 3700 of the Labor Code which reqmre
every employer to be msured agamst liability for workers' compensation or to
undertake self-insurance m accordance with the prov1s1ons of that code, and I will
comply with such prov1s1ons before commencing the performance of the work of
this contract "
01203 0001/699504 I EQG 3
C-32
Consultant's Authouzed Imtials ~
(1) Consultant's Respons1b1ltty for Subcontractors For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
subcontractor's comphance with D1vis10n 2, Part 7, Chapter 1 (commencmg with Section 1720)
of the Cahfom1a Labor Code, and shall make such comphance a reqmrement m any contract
with any subcontractor for work under this Agreement Consultant shall be reqmred to take all
actions necessary to enforce such contractual prov1s10ns and ensure subcontractor's comphance,
mcludmg without ltm1tatton, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becommg aware of the failure of the subcontractor to
pay his or her workers the specified prevailmg rate of wages Consultant shall d1hgcntly take
corrective action to halt or rectify any such failure by any subcontractor
1 5 Licenses, Permits, Fees and Assessments
Consultant shall obtain at its sole cost and expense such ltcenses, permits and approvals
as may be reqmred by law for the performance of the services reqmred by this Agreement
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and mterest, which may be imposed by law and anse from or arc necessary
for the Consultant's performance of the services reqmred by this Agreement, and shall
mdemmfy, defend and hold harmless City, its officers, employees or agents of City, agamst any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder
1 6 Fam1hanty with Work
By executmg this Agreement, Consultant warrants that Consultant (1) has thoroughly
mvest1gated and considered the scope of services to be performed, (11) has carefully considered
how the services should be performed, and (111) fully understands the fac1ltttes, d1fficult1es and
restnct1ons attendmg perfonnance of the services under this Agreement If the services mvolve
work upon any site, Consultant warrants that Consultant has or will mvest1gate the site and 1s or
will be fully acquamted with the conditions there ex1stmg, pnor to commencement of services
hereunder Should the Consultant discover any latent or unknown cond1t1ons, which will
materially affect the performance of the services hereunder, Consultant shall 1mmed1ately inform
the City of such fact and shall not proceed except at Consultant's nsk until wntten mstructtons
are received from the Conti act Officer m the form of a Change Order
1 7 Care of Work
The Consultant shall adopt reasonable methods dunng the ltfe of the Agreement to
furnish contmuous protection to the work, and the eqmpment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence
01203 0001/699504 I EQG 4
C-33
1 8 Further Respons1b1hties of Parties
Both parties agree to use reasonable care and d1hgence to perform their respective
obhgat10ns under this Agreement Both parties agree to act m good faith to execute all
mstruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement Unless hereafter specified, neither party shall be responsible
for the service of the other
1 9 Add1t1onal Services
City shall have the nght at any time dunng the performance of the services, without
mvahdatmg this Agreement, to order extra work beyond that specified m the Scope of Services
or make changes by altermg, addmg to or deductmg from said wmk No such extra wmk may be
undertaken unless a wntten Change Order 1s first given by the Contract Officer to the Consultant,
mcorporatmg therem any adjustment m (1) the Contract Sum for the actual costs of the extra
work, and/or (11) the time to perform this Agreement, which said adjustments are subject to the
wntten approval of the Consultant Any mcrease m compensation of up to 15% of the Contract
Sum, or, m the time to perfonn of up to 90 (nmety) days, may be approved by the Conttact
Officer through a wntten Change Order Any greater mcreases, taken either separately or
cumulatively, must be approved by the City Council It 1s expressly understood by Consultant
that the prov1s10ns of this Section shall not apply to services specifically set forth m the Scope of
Services Consultant hereby acknowledges that 1t accepts the nsk that the services to be provided
pursuant to the Scope of Services may be more costly or time consummg than Consultant
ant1c1pates and that Consultant shall not be entitled to add1t1onal compensat10n therefor City
may m its sole and absolute discretion have similar work done by other Consultants No claims
for an mcrease m the Contract Sum or time for performance shall be vahd unless the procedures
established m this Section are followed
If m the performance of the contract scope, the Consultant becomes aware of material defects m
the scope, duration or span of the contract or the Consultant becomes aware of extenuatmg
circumstance that will or could prevent the complet10n of the contract, on time or on budget, the
Consultant shall mform the Contractmg Officer of an ant1c1pated Change Order This proposed
change order will stipulate, the facts sunoundmg the issue, proposed solut10ns, proposed costs
and proposed schedule impacts
1 10 Special Regmrements
Add1t1onal tenns and cond1t1ons of this Agreement, 1f any, which are made a part hereof
are set forth m the "Special Reqmrements" attached hereto as Exh1b1t "B" and mcorpo1ated
herem by this reference In the event of a conflict between the prov1s10ns of Exh1b1t "B" and any
other prov1s1ons of this Agreement, the prov1s1ons of Exh1b1t "B" shall govern
01203 0001/699504 I EQG 5
C-34
ARTICLE 2 COMPENSATION AND METHOD OF PAYMENT
2 1 Contract Sum
Subject to any limitations set forth m this Agreement, City agrees to pay Consultant the
amounts specified m the "Schedule of Compensation" attached hereto as Exh1b1t "C" and
mcorporated herem by this reference The total compensation, mcludmg reimbursement for
actual expenses, shall not exceed $200,000 (Two Hundred Thousand Dollars) (the "Contract
Sum"), unless additional compensation 1s approved pursuant to Section 1 9 Annual
compensat10n shall not exceed $200,000 (Two Hundred and Frfty Thousand Dollars)
2 2 Method of Compensation
The method of compensation may mclude (1) a lump sum payment upon completion, (11)
payment m accordance with specified tasks or the percentage of complet10n of the services, (111)
payment for time and matenals based upon the Consultant's rates as specified m the Schedule of
Compensation, provided that (a) time estimates are provided for the performance of sub tasks,
and (b) the Contract Sum 1s not exceeded, or (1v) such other methods as may be specified m the
Schedule of Compensation
23 Reimbursable Expenses
Compensation may mclude reimbursement for actual and necessary expenditures for
reproduct10n costs, telephone expenses, and travel expenses approved by the Contract Officer m
advance, or actual subcontracto1 expenses of an approved subcontractor pursuant to Section 4 5,
and only 1f specified m the Schedule of Compensation The Contract Sum shall mclude the
attendance of Con"ultant at all project meetmgs reasonably deemed necessary by the City
Coordmat1on of the performance of the work with City 1s a cnt1cal component of the services If
Consultant 1s reqrnred to attend additional meetmgs to facilitate such coordmatlon, Consultant
shall not be entitled to any add1t1onal compensation for attendmg said meetmgs
2 4 Invoices
Each month Consultant shall furnish to City an ongmal mv01ce, usmg the City template,
or m a format acceptable to the City, for all work performed and expenses mcurred dunng the
precedmg month m a form approved by City's Director of Fmance By subm1ttmg an mvo1ce for
payment under this Agreement, Consultant 1s cert1fymg compliance with all prov1s1ons of the
Agreement The mv01ce shall detail charges for all necessary and actual expenses by the
followmg categones labor (by sub-category), travel, matenals, eqmpment, supplies, and sub-
contractor contracts Sub-contractor charges shall also be detailed by such categones Consultant
shall not mvo1ce City for any duplicate services performed by more than one pe1son
City shall mdependently review each mvo1ce submitted by the Consultant to determme
whether the work performed and expenses mcurred a1 e m compliance w1 th the prov1s1ons of this
Agreement Except as to any charges for work performed or expenses mcurred by Consultant
which are disputed by City, or as provided m Section 7 3, City will use its best efforts to cause
Consultant to be paid w1thm 45 (forty-five) days of receipt of Consultant's correct and
01203 0001/699504 I EQG 6
C-35
undisputed mvo1ce, however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur w1thm this time penod In the
event any charges or expenses are disputed by City, the ongmal mvo1ce shall be returned by City
to Consultant for correction and resubm1ss1on Review and payment by City for any mvo1ce
provided by the Consultant shall not constitute a waiver of any nghts or remedies provided
herein or any applicable law
2 5 Waiver
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant
ARTICLE 3 PERFORMANCE SCHEDULE
3 1 Time of Essence
Time 1s of the essence in the pe1formance of this Agreement
3 2 Schedule of Performance
Consultant shall commence the services pursuant to this Agreement upon receipt of a
wntten notice to proceed and shall perform all services within the time penod(s) established in
the "Schedule of Perfonnance" attached hereto as Exh1b1t "D" and incorporated herein by this
reference When requested by the Consultant, extensions to the time penod(s) specified in the
Schedule of Performance may be approved in wntmg by the Contract Officer through a Change
Order, but not exceeding 90 (ninety) days cumulatively
33 Force Ma1eure
The time penod(s) specified in the Schedule of Performance for pe1 formance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restncted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, ep1dem1cs, quarantine restnctlons, nots, stnkes, freight embargoes,
wars, ht1gat1on, and/or acts of any governmental agency, including the City, 1f the Consultant
shall within l O (ten) days of the commencement of such delay notify the Contract Officer in
wnting of the causes of the delay The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performmg the services for the penod of the enforced delay when
and 1f in the Judgment of the Contract Officer such delay 1s Justified The Contract Officer's
determinat10n shall be final and conclusive upon the parties to this Agreement In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to tlus Section
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3 4 Term
Unless earlier termmated m accordance with Article 7 of this Agreement, this Agreement
shall contmue m full force and effect until completion of the services but not exceedmg 1 year
from the date hereof, except as otherwise provided m the Schedule of Performance (Exh1b1t
"D") The City may, m its d1scret10n, extend the Term by three add1t1onal one-year terms
ARTICLE 4 COORDINATION OF WORK
4 1 Representatives and Personnel of Consultant
The followmg pnnc1pals of Consultant ("Pnnc1pals") are hereby designated as bemg the
pnnc1pals and representatives of Consultant authonzed to act m its behalf with respect to the
work specified herem and make all dec1s10ns m connection therewith
John L Hunter President
(Name) (Title)
Jillian Bnckey Program Manager
(Name)
It 1s expressly understood that the expenence, knowledge, capab1hty and reputat10n of the
foregomg pnnc1pals were a substantial mducement for City to enter mto this Agreement
Therefore, the foregomg pnnc1pals shall be responsible dunng the term of this Agreement for
d1rectmg all act1v1t1es of Consultant and devotmg sufficient time to personally supervise the
services hereunder All personnel of Consultant, and any authonzed agents, shall at all times be
under the exclusive direct1on and control of the Pnnc1pals For purposes of this Agreement, the
foregomg Pnnc1pals may not be replaced nor may their respons1b1ht1es be substantially reduced
by Consultant without the exp1ess wntten approval of City Add1t10nally, Consultant shall ut1hze
only the personnel mcluded m the Proposal to perform services pursuant to this Agreement
Consultant shall make every reasonable effort to mamtam the stab1hty and contmmty of
Consultant's staff and subcontractors, 1f any, assigned to perform the services reqmred under this
Agreement Consultant shall notify City of any changes m Consultant's staff and subcontractors,
1f any, assigned to perform the services reqmred under this Agreement, pno1 to and dunng any
such performance City shall have the nght to approve or reJect any proposed replacement
personnel, which approval shall not be unreasonably withheld
4 2 Status of Consultant
Consultant shall have no authonty to bmd City m any manner, or to mcur any obhgat10n,
debt or hab1hty of any kmd on behalf of or agamst City, whether by contract or otherwise, unless
such authonty 1s expressly conferred under this Agreement or 1s otherwise expressly conferred m
wntmg by City Consultant shall not at any time or m any manner represent that Consultant or
any of Consultant's officers, employees, or agents are m any manner officials, officers,
employees or agents of City Neither Consultant, nor any of Consultant's officers, employees or
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agents, shall obtam any nghts to ret1rement, health ca1e or any other benefits which may
otherwise accrue to City's employees Consultant expressly waives any claim Consultant may
have to any such nghts
4 3 Contract Officer
The Contract Officer shall be Ron Dragoo, City Engmeer, or such person as may be
designated by the City Manager It shall be the Consultant's respons1btl1ty to assure that the
Contract Officer is kept mformed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer Unless
otherwise specified herem, any approval of City requ1red hereunder shall mean the approval of
the Contract Officer The Contract Officer shall have authonty, if specified m wntmg by the City
Manager, to sign all documents on behalf of the City reqmred hereunder to carry out the terms of
this Agreement
44 Independent Consultant
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services reqmred herem,
except as otherwise set forth herem City shall have no voice m the selection, discharge,
superv1s1on or control of Consultant's employees, servants, representatives or agents, or m fix mg
the1r number, compensation or hours of service Consultant shall perform all services reqmred
herem as an mdependent contractor of City and shall remam at all times as to City a wholly
mdependent contractor with only such obligations as are consistent with that role Consultant
shall not at any time or m any manner represent that 1t or any of its agents or employees are
agents or employees of City City shall not many way or for any purpose become or be deemed
to be a partner of Consultant m its busmess 01 otherwise or a JOmt venturer or a member of any
J0mt enterpnse with Consultant
4 5 Proh1b1t10n Agamst Subcontractmg or Assignment
The expenence, knowledge, capab1ltty and 1eputat1on of Consultant, its prmc1pals and
employees were a substantial mducement for the City to enter mto this Agreement Therefore,
Consultant shall not contract with any other entity to perform m whole or m part the services
requ1red hereunder without the express wntten approval of the City, all subcontractors mcluded
m the Proposal are deemed approved In add1t1on, neither this Agreement nor any mterest herem
may be transferred, assigned, conveyed, hypothecated 01 encumbered voluntanly or by operat10n
of law, whether for the benefit of creditors or otherwise, without the pnor wntten approval of
City Transfers I estncted hereunder shall mclude the transfer to any person or group of persons
actmg m concert of more than 25% (twenty five percent) of the present ownership and/or control
of Consultant, takmg all transfers mto account on a cumulative basis In the event of any such
unapproved transfer, mcludmg any bankruptcy proceedmg, this Agreement shall be void No
approved transfer shall release the Consultant or any surety of Consultant of any hab1hty
hereunder without the express consent of City
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ARTICLE 5 INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages
Without hmitmg Consultant's mdemmficahon of City, and pnor to commencement of
any services under this Agreement, Consultant shall obtam, provide and mamtam at its own
expense dunng the term of this Agreement, policies of msurance of the type and amounts
descnbed below and ma form satisfactory to City
(a) General habihty msurance Consultant shall mamtam commercial general
hab1 hty msurance with coverage at least as broad as Insurance Services Office form CG 00 0 I,
m an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
mJury, personal mJury, and pioperty damage The policy must mclude contractual hab1hty that
has not been amended Any endorsement restnctmg standard ISO "msured contract" language
will not be accepted
(b) Automobile liability msurance Consultant shall mamtam automobile
msurance at least as broad as Insurance Services Office form CA 00 0 l covenng bodily mJury
and property damage for all acttv1t1es of the Consultant ansmg out of or m connection with
Services to be performed under this Agreement, mcludmg coverage for any owned, hired, non-
owned or rented vehicles, m an amount not less than $1,000,000 combmed smgle hm1t for each
accident
(c) Professional hab1hty (errors & om1ss10ns) msurance Consultant shall
mamtam profess10nal hab1hty msurance that covers the Services to be performed m connection
with this Agreement, m the mimmum amount of $1,000,000 per claim and m the aggregate Any
pohcy mcept1on date, contmmty date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to mamtam contmuous coverage through a penod no less than
thi ee (3) years after complet10n of the services i equn ed by this Agreement
(d) Workers' compensat10n msurance Consultant shall mamtam Workers'
Compensation Insurance (Statutory L1m1ts) and Employer's L1ab1hty Insurance (with hmits of at
least $1,000,000)
( e) Subcontractoi s Consultant shall mclude all subcontractors as msureds
under its pohcies or shall furnish separate certificates and certified endorsements for each
subcontractor All coverages for subcontractors shall mclude all of the reqmrements stated
herem
(f) Addit10nal Insurance Policies of such other msurance, as may be reqmred
m the Special Reqmrements m Exh1b1t "B"
5 2 General Insurance Regmremcnts
(a) Proof of msurance Consultant shall provide certificates of msurance to
City as evidence of the msurance coverage required herem, along with a waiver of subrogation
endorsement for workers' compensation Insurance certificates and endorsements must be
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approved by City's Risk Manager prior to commencement of perfmmance Current certification
of msurance shall be kept on file with City at all times durmg the term of this Agreement City
reserves the right to require complete, certified copies of all reqmred msurance policies, at any
time
(b) Duration of coverage Consultant shall procure and mamtam for the
duration of this Agreement msurance agamst claims for mJuries to persons or damages to
property, which may arise from or m connect10n with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants
( c) Primary/noncontributmg Coverage provided by Consultant shall be
primary and any msurance or self-msurance procured or mamtamed by City shall not be reqmred
to contribute with it The limits of msurance required herem may be satisfied by a combmation
of primary and umbrella or excess msurance Any umbrella or excess msurance shall contam or
be endorsed to contam a prov1s1on that such coverage shall also apply on a pnmary and non-
contnbutory basis for the benefit of City before the City's own msurance or self-msurance shall
be called upon to protect 1t as a named msured
(d) City's rights of enforcement In the event any policy of msurance required
under this Agreement does not comply with these specifications or 1s canceled and not replaced,
City has the right but not the duty to obtam and contmuously mamtam the msurance it deems
necessary and any premmm paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premmm from Consultant payments In the alternative, City
may cancel this Agreement
(e) Acceptable msurers All msurance policies shall be issued by an msurance
company currently authorized by the Insurance Commiss10ner to transact busmess of msurance
or that 1s on the List of Approved Surplus Lme Insurers m the State of California, with an
assigned policyholders' Ratmg of A-(or higher) and Fmanc,al Size Category Class VI (or larger)
m accordance with the latest ed1t10n of Best's Key Ratmg Gmde, unless otherwise approved by
the City's Risk Manager
(t) Waiver of subrogat10n All msurance coverage mamtamed or procured
pursuant to this agreement shall be endorsed to waive subrogation agamst City, its elected or
appomted officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others prov1dmg msurance evidence m compliance with these spec1ficat1ons to
waive their right of recovery pnor to a loss Consultant hereby waives its own right of recovery
agamst City, and shall requue similar written express waivers and msurance clauses from each of
,ts subconsultants
(g) Enforcement of contract prov1s1ons (non-estoppel) Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to mform
Consultant of non-compliance with any reqmrement imposes no add1t10nal obligations on the
City nor does 1t waive any nghts hereunder
(h) Requirements not hmitmg Reqmrements of specific coverage features or
limits contamed m this section are not mtended as a lim1tat1on on coverage, limits or other
01203 0001/699504 I EQG 11
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iequirements, or a waiver of any coverage normally provided by any insurance Specific
reference to a given coverage feature is for purposes of clanfication only as 1t pertains to a given
issue and 1s not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type If the Consultant maintains higher limits than the mmimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City
(1) Notice of cancellation Consultant agiees to oblige its insurance agent or
broker and msurers to provide to City with a 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
requ1red coverage
(J) Additional insured status General hab1hty policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional msureds under such policies This provis10n shall also apply to any
excess/umbrella liability policies
(k) Prohibition of undisclosed coverage limitations None of the coverages
1eqmred herem will be m compliance with these requnements 1f they mclude any limiting
endorsement of any kind that has not been first submitted to City and approved of m wntmg
(l) Separation of msuieds A severab1hty of interests prov1s1on must apply for
all add1t10nal msureds ensunng that Consultant's msurance shall apply separately to each insured
against whom claim 1s made or smt 1s brought, except with respect to the insurer's limits of
liability The policy(ies) shall not contain any cross-liability exclusions
(m) Pass through clause Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who 1s brought onto or mvolved in
the project by Consultant, provide the same minimum msurance coverage and endorsements
iequned of Consultant Consultant agrees to monitor and review all such coverage and assumes
all respons1b1hty for ensunng that such coverage 1s provided m conformity with the reqmrements
of this sect10n Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged m the project will be submitted to City for review
(n) Agency's nght to revise specifications The City reserves the nght at any
time dunng the term of the contract to change the amounts and types of insurance reqmred by
g1vmg the Consultant 90 (mnety) days advance wntten notice of such change If such change
1esults in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's cornpensat10n
( o) Self-insured retent10ns Any self-insured retent10ns must be declared to
and approved by City City reserves the nght to reqmre that self-msured retentions be ehmmated,
lowered, or replaced by a deductible Self-insurance will not be considered to comply with these
spec1ficat1ons unless approved by City
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(p) Timely notice of claims Consultant shall give City prompt and timely
notice of claims made or smts mst1tuted that anse out of or result from Consultant's performance
under this Agreement, and that mvolve or may mvolve coverage under any of the required
hab1hty policies
(q) Additional msurance Consultant shall also procure and mamtam, at its
own cost and expense, any add1t1onal kmds of msurance, which m ,ts own Judgment may be
necessary for its proper protection and prosecution of the work
5 3 Indemmficataon
To the full extent permitted by law, Consultant agrees to mdemmfy, defend and hold
harmless the City, its officers, employees and agents ("Indemmfied Parties") agamst, and w,11
hold and save them and each of them harmless from, any and all actions, either Judicial,
admmistrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obl1gat1ons, errors, om1ss1ons or habil1t1es whether actual or threatened (herem "claims
or hab1ht1es") that may be asserted or claimed by any person, firm or entity ansmg out of or m
connection with the negligent performance of the wmk, opeiattons or act1v1ttes provided herem
of Consultant, its officers, employees, agents, subcontractors, or mv1tces, or any md1v1dual or
entity for which Consultant 1s legally liable ("mdemmtors"), or ansmg from Consultant's or
mdemmtors' reckless or willful misconduct, or ansmg from Consultant's or mdemmtors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and m connection therewith
(a) Consultant will defend any action or actions filed m connection with any
of said claims or ltab1httes and will pay all costs and expenses, mcludmg legal costs and
attorneys' fees mcurred m connection therewith,
(b) Consultant will promptly pay any Judgment rendered agamst the City, ,ts
officers, agents or employees for any such claims or liabilities ansmg out of or m connection
with the negligent performance of or failure to pe1 form such work, operations or act1v1t1es of
Consultant hereunder, and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom,
(c) In the event the City, its officers, agents or employees 1s made a party to
any action or proceedmg filed or prosecuted agamst Consultant for such damages or other claims
ansmg out of or m connection with the negligent performance of or fatlme to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses mcurred by the City, its office1s, agents or
employees m such action or proceedmg, mcludmg but not limited to, legal costs and attorneys'
fees
Consultant shall mcorporate s1m1lar mdemmty agreements with its subcontractors and 1f
1t fails to do so Consultant shall be fully responsible to mdemmfy City hereunder therefore, and
failure of City to momtor compliance with these p10v1s1ons shall not be a waiver hereof This
mdemmficat1on mcludes clanns or liab1lit1es ansmg from any negligent or wrongful act, error or
om1ss1on, or reckless or willful misconduct of Consultant m the performance of professional
services hereunder The provisions of this Section do not apply to claims or hab1ht1es occumng
01203 0001/699504 I EQG 13
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as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resultmg m part from City's negligence,
except that design profess10nals' mdemmty hereunder shall be limited to claims and liabilities
arismg out of the negligence, recklessness or willful misconduct of the design professional The
mdemmty obligation shall be bmdmg on successors and assigns of Consultant and shall survive
termmat1on of this Agreement
ARTICLE 6 RECORDS, REPORTS, AND RELEASE OF INFORMATION
61 Records
Consultant shall keep, and reqmre subcontractors to keep, such ledgers, books of
accounts, mvoices, vouchers, canceled checks, reports, studies or other documents relatmg to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services reqmred by this Agreement and enable the Contract
Officer to evaluate the performance of such services Any and all such documents shall be
mamtamed m accordance with generally accepted accountmg principles and shall be complete
and detailed The Contract Officer shall have full and free access to such books and records at all
times dunng normal busmess hours of City, mcludmg the right to mspect, copy, audit and make
records and transcripts from such records Such records shall be mamtamed for a period of three
(3) years followmg complet10n of the services hereunder, and the City shall have access to such
records m the event any audit 1s reqmred In the event of dissolution of Consultant's busmess,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor m mterest Notw1thstandmg the above, the Consultant shall fully
cooperate with the City m prov1dmg access to the books and records 1f a public records request 1s
made and disclosure 1s reqmred by law mcludmg but not limited to the California Public Records
Act
6 2 Reports
Consultant shall periodically p1epare and submit to the Contract Office, such 1eports
concernmg the performance of the services required by this Agreement as the Contract Officer
shall reqmre Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techmques, or events that
may or will materially mcrease or decrease the cost of the work or services contemplated herem
or, if Consultant 1s prov1dmg design services, the cost of the project bemg designed, Consultant
shall promptly notify the Contract Officer of said fact, Clfcumstance, techmque 01 event and the
estimated mcreased or decreased cost related thereto and, if Consultant is providmg design
services, the estimated mcreased or decreased cost estimate for the project bemg designed
6 3 Ownership of Documents
All drawmgs, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents m the performance of this
Agreement shall be the property of City and shall be delivered to City upon 1equest of the
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Contract Officer or upon the termmat1on of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
nghts of ownership use, reuse, or assignment of the documents and matenals hereunder Any
use, reuse or assignment of such completed documents for other proJects and/or use of
uncompleted documents without specific wntten authonzat1on by the Consultant will be at the
City's sole nsk and without hab1hty to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment Consultant may retam copies of such
documents for its own use Consultant shall have the nght to use the concepts embodied therem
All subcontractors shall provide for assignment to City of any documents or matenals prepared
by them, and m the event Consultant fails to secure such assignment, Consultant shall mdemmfy
City for all damages resultmg therefrom Moreover, Consultant with respect to any documents
and matenals that may qualify as "works made for hire" as defined m 17 U S C § 101, such
documents and matenals are hereby deemed "wo1 ks made for hire" for the City
64 Confidentiahty and Release of Informat10n
(a) All mformat1on gamed or work product produced by Consultant m
performance of this Agreement shall be considered confidential, unless such mformat1on 1s m the
pubhc domam or aheady known to Consultant Consultant shall not release or disclose any such
mformat1on or work product to persons or entitles other than City without pnor wntten
authonzat1on from the Contract Officer
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without pnor wntten authonzat1on from the Contract Officer or unless requested by the City
Attorney, voluntanly provide documents, declarations, letters of support, testimony at
depositions, response to mterrogatones or other mformat1on concemmg the work performed
under tlus Agreement Response to a subpoena or court mde1 shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any mformat1on or work product m v10lat1on of this Agreement, then City
shall have the nght to reimbursement and mdemmty from Consultant for any damages, costs and
fees, mcludmg attorney's fees, caused by or mcurred as a result of Consultant's conduct
( d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontracto1s be served with any summons, complamt, subpoena, notice
of depos1t1on, request for documents, mterrogatones, request for admiss10ns or other discovery
1equest, court order or subpoena from any party regardmg this Agreement and the work
performed there under City retams the nght, but has no obligation, to represent Consultant or be
present at any depos1t1on, heanng or similar proceedmg Consultant agrees to cooperate fully
with City and to provide City with the opportumty to review any response to discovery requests
provided by Consultant However, this nght to review any such response does not imply or mean
the nght by City to control, direct, or 1ewnte said response
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ARTICLE 7 ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 Cahforma Law
This Agreement shall be interpreted, construed and governed both as to vahd1ty and to
performance of the parties in accordance with the laws of the State of California Legal actions
concerning any dispute, claim or matter ansing out of or in relation to this Agreement shall be
mst1tuted in the Supenor Court of the County of Los Angeles, State of California, or any other
appropnate court m such county, and Consultant covenants and agrees to submit to the personal
JUI 1sd1ct1on of such court in the event of such action In the event of ltt1gat1on m a U S D1stnct
Court, venue shall he exclusively m the Central D1stnct of California, in the County of Los
Angeles, State of Cahforma
7 2 Disputes, Default
In the event that Consultant 1s in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensatmg Consultant for any work performed
after the date of default Instead, the City may give notice to Consultant of the default and the
reasons for the default The notice shall mclude the hmeframe m which Consultant may cure the
default This t1meframe 1s 15 (fifteen) days, but may be extended, though not reduced, 1f
ctrcumstances warrant Dunng the penod of time that Consultant 1s in default, the City shall hold
all invoices and shall, when the default 1s cured, proceed with payment on the invoices In the
alternative, the City may, in its sole d1scrct1on, elect to pay some or all of the outstanding
invoices dunng the penod of default If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article Any failure on the part of the City
to give notice of the Consultant's default shall not be deemed to 1esult m a waiver of the City's
legal nghts or any nghts an sing out of any prov1s1on of this Agreement
7 3 Retention of Funds
Consultant hereby authonzes City to deduct from any amount payable to Consultant
(whether 01 not ansing out of this Agreement) (1) any amounts the payment of which may be m
dispute hereunder or wluch are necessary to compensate City for any losses, costs, hab1ltt1es, or
damages suffered by City, and (11) all amounts for which City may be liable to thtrd parties, by
reason of Consultant's acts or om1ss1ons m performing or failing to perform Consultant's
obltgat10n under this Agreement In the event that any claim 1s made by a third party, the amount
or vahd1ty of which 1s disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basts for a claim of hen, City may withhold from any payment due, without hab1hty for
interest because of such withholding, an amount sufficient to cover such claim The fatlure of
City to exercise such nght to deduct or to withhold shall not, however, affect the obhgat10ns of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein
7 4 Waiver
Waiver by any party to this Agreement of any tenn, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, cond1tton, or covenant Waiver by any
party of any breach of the prov1s1ons of this Agreement shall not constitute a waiver of any other
01203 0001/699504 I EQG 16
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prov1s10n or a waiver of any subsequent breach or v10lat1on of any prov1s1on of this Agreement
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the prov1s10ns of this Agreement No delay or om1ss1on in the exercise of any nght or remedy by
a non-defaulting party on any default shall 1mpa1r such nght or remedy or be construed as a
waiver Any waiver by either party of any default must be in wnting and shall not be a waiver of
any other default concerning the same or any other prov1s1on of this Agreement
7 5 Rights and Remedies are Cumulative
Except with respect to nghts and remedies exp1essly declared to be exclusive m this
Agreement, the nghts and remedies of the parties are cumulative and the exercise by either party
of one or more of such nghts or 1emed1es shall not preclude the exercise by it, at the same or
different times, of any other nghts or remedies for the same default or any other default by the
other party
7 6 Legal Action
In addition to any other nghts or remedies, either party may take legal act10n, m law or in
eqmty, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtam declaratory or tnJunct1ve relief, or to obtain
any other 1emedy consistent with the purposes of this Agreement Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq and 910 et seq , m order to pursue a legal action under this Agreement
7 7 Termmat1on Pnor to Expiration of Term
This Section shall govern any terminat10n of this Contract except as specifically provided
in the following Section for termmat1on for cause The City reserves the nght to termmate this
Contract at any time, with or without cause, upon 30 (thirty) days' wntten notice to Consultant,
except that where termmat1on 1s due to the fault of the Consultant, the penod of notice may be
such shorter tune as may be determined by the Contract Officer Upon receipt of any notice of
termmatton, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer Consultant shall be entitled to compensat10n for
all services rendered pnor to the effective date of the notice of termination and for any services
authonzed by the Contract Officer thereafter m accordance with the Schedule of Compensat10n
or such as may be approved by the Contract Officer, except as provided m Section 7 3 In the
event of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Sect10n 7 2
78 Termmanon for Default of Party
If terminat10n 1s due to the failure of the other Party to fulfill its obligations under this
Agreement
(a) City may, after compliance with the prov1s1ons of Section 7 2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services reqmred hereunder exceeds the
01203 0001/699504 I EQG 17
C-46
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated
(b) Consultant may, after compliance with the provisions of Sect10n 7 2, termmate the
Agreement upon wntten notice to the City's Contract Officer Consultant shall be entitled to
payment for all work performed up to the date of termination
7 9 Attorneys' Fees
If either party to this Agreement 1s required to initiate or defend or made a party to any
action or proceeding in any way connected with tlus Agreement, the prevailing party m such
action or p1oceeding, m addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees Attorney's fees shall include attorney's
fees on any appeal, and m add1t10n a party entitled to attorney's fees shall be entitled to all other
reasonable costs for mvest1gating such action, taking depositions and discovery and all other
necessary costs the court allows which are mcurred m such litigation All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whethe1 or
not such action 1s prosecuted to Judgment
ARTICLE 8 CITY OFFICERS AND EMPLOYEES NON-DISCRIMINATION
81 Non-hab1hty of City Officers and Employees
No officer or employee of the City shall be personally liable to the Consultant, or any
successor m mterest, m the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successo1, or for breach of any obligation of the
terms of this Agreement
8 2 Conflict of Interest
Consultant covenants that neither it, nor any officer or pnncipal of its firm, has or shall
acquire any interest, directly or md1rectly, which would conflict many manner with the interests
of City or which would in any way hmder Consultant's performance of services under this
Agreement Consultant further covenants that m the performance of this Agreement, no person
having any such interest shall be employed by 1t as an officer, employee, agent or subcontractor
without the express wntten consent of the Contract Officer Consultant agrees to at all times
avoid conflicts of mterest or the appearance of any conflicts of mterest with the mterests of City
m the performance of this Agreement
No officer or employee of the City shall have any financial interest, direct or mdirect, m
this Agreement nor shall any such officer or employee participate in any decision relatmg to the
Agreement wluch affects her/his financial mterest or the financial mterest of any corporat10n,
partnership or association in which (s)he 1s, directly or indirectly, mterested, m v1olation of any
State statute or regulation The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaming this Agreement
0 1203 000 I /699504 I EQG 18
C-47
8 3 Covenant Agamst D1scnmmat1on
Consultant covenants that, by and for itself, its heirS, executors, assigns, and all persons
cla1mmg under or through them, that there shall be no d1scnmmatlon agamst or segregation of,
any person or group of persons on account of race, color, creed, rehg1on, sex, gender, sexual
onentat1on, mantal status, national ongm, ancestry or other protected class m the performance of
this Agreement Consultant shall take affirmative act10n to msure that apphcants are employed
and that employees are treated dunng employment without regard to their race, color, creed,
rehg1on, sex, gender, sexual onentat1on, manta! status, national ongm, ancestry or other
protected class
8 4 Unauthorized Ahens
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Imm1gration and Nat10nahty Act, 8 USC § 1101 et seq, as amended, and m connection
therewith, shall not employ unauthorized aliens as defined therem Should Consultant so employ
such unauthonzed ahens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed agamst City for such use of
unauthonzed aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
hab1ht1es or sanctions imposed, together with any and all costs, mcludmg attorneys' fees,
mcurred by City
ARTICLE 9 MISCELLANEOUS PROVISIONS
9 1 Notices
Any notice, demand, request, document, consent, approval, or commumcat10n either
party desires or 1s required to give to the other party or any other person shall be m wntmg and
either served personally 01 sent by prepaid, first-class mail, m the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd, Rancho Palos Verdes, Cahfom1a 90275 and m
the case of the Consultant, to the person(s) at the add1ess designated on the execution page of
this Agreement Either party may change its address by not1fymg the other party of the change of
address m w11tmg Notice shall be deemed commumcated at the time personally delivered or m
seventy-two (72) hours from the time of ma1hng 1f mailed as provided m this Section
9 2 Interpretation
The terms of this Agreement shall be construed m accordance with the meanmg of the
language used and shall not be construed for or agamst either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply
9 3 Counterparts
This Agreement may be executed m counterparts, each of which shall be deemed to be an
ongmal, and such counterparts shall constitute one and the same mstrument
01203 0001/699504 I EQG 19
C-48
9 4 Integration, Amendment
This Agreement mcludmg the attachments hereto 1s the entire, complete and exclusive
expression of the understandmg of the parties It 1s understood that there are no oral agreements
between the parties hereto affectmg this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandmgs, 1f any, between
the parties, and none shall be used to mterpret this Agreement No amendment to or mod1ficat1on
of this Agreement shall be vahd unless made m writmg and approved by the Consultant and by
the City Council The parties agree that this reqmrement for wntten mod1ficat1ons cannot be
waived and that any attempted waiver shall be void
95 Severab1hty
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contamed m this Agreement shall be declared mvahd or unenforceable by a vahd
Judgment or decree of a court of competent Junsd1ct1on, such mvaltd1ty or unenforceab1hty shall
not affect any of the remammg phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be mterpreted to carry out the mtent
of the parties hereunder unless the mvahd prov1s1on 1s so material that its mvahd1ty deprives
either party of the baste benefit of their bargam or renders this Agreement meanmgless
9 6 Warranty & Representation of Non-Collus10n
No official, officer, or employee of City has any financial mterest, direct or mdirect, m
this Agreement, nor shall any official, officer, or employee of City part1c1pate m any dec1s1on
relatmg to this Agreement which may affect his/her financial mterest or the financial mterest of
any corporation, partnership, or assoc1at1on m which (s)he 1s directly or md1rectly mterested, or
m v10lat1on of any corporation, partnership, or assoc1at1on m which (s)he 1s directly or md1rectly
mterested, or m v10lat10n of any State or mumc1pal statute 01 regulation The detenmnation of
"financial mterest" shall be consistent with State law and shall not mclude mterests found to be
"remote" or "nonmterests" pu1 suant to Government Code Sections l 091 01 1091 5 Consultant
warrants and represents that 1t has not paid or given, and will not pay or give, to any third party
mcludmg, but not hm1ted to, any City official, officer, or employee, any money, cons1derat10n,
or other thmg of value as a result or consequence of obtammg or bemg awarded any agreement
Consultant further warrants and represents that (s)he/Jt has not engaged m any act(s),
om1ss10n(s), 01 other conduct or collus1on that would result m the payment of any money,
consideration, or other thmg of value to any third party mcludmg, but not hm1ted to, any City
official, officer, or employee, as a result of consequence of obtammg or bemg awarded any
agreement Consultant 1s aware of and understands that any such act(s), om1ss10n(s) or other
conduct resultmg m such payment of money, cons1derat10n, or other thmg of value will render
this Agreement vmd and of no force or effect
Consultant's Authorized Initials~
01203 0001/699504 I EQG 20
C-49
97 Corporate Authonty
The persons executmg this Agreement on behalf of the parties hereto warrant that (1) such
party 1s duly orgamzed and ex1stmg, (n) they are duly authonzed to execute and deliver this
Agreement on behalf of said party, (m) by so executmg this Agreement, such party 1s formally
bound to the prov1s1ons of this Agreement, and (1v) that entenng mto this Agreement does not
violate any prov1s10n of any other Agreement to which said party 1s bound This Agreement shall
be bmdmg upon the heirs, executors, admm1strators, successors and assigns of the parties
[SIGNATURES ON FOLLOWING PAGE]
0 I 203 000 I /699504 I EQG 21
C-50
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above wntten
CITY
CITY OF RANCHO PALOS VERDES, a
ATTEST
~~"'= Li-e~a, City Clerk
APPROVED AS TO FORM
ALESHIRE & WYNDER, LLP
to
CONSULTANT
By _ ___r;..!lk:l~~'+J.~~~---
Name
Title
By _ _,..-t-1r----r--ct"--'--------1--.-~'-tr--~➔--
Name
Title
Address 613 l Orangethorpe A venue
Smte 300
Buena Park, CA 90620
Two corporate officer signatures required when Consultant 1s a corporation, with one signature required
from each of the followmg groups 1) Chairman of the Board, President or any Vice President, and 2)
Secretary, any Assistant Secretary, Chief Fmanc1al Officer or any Assistant Treasurer CONSULT ANT'S
SIG1'ATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY
01203 0001/699504 I EQG 22
C-51
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the ind1v1dual who signed
the document to which this certificate 1s attached, and not the truthfulness, accuracy or validity of that document
ST A TE OF CALIFORNIA
~
COUNTY OF LO~ES Q(o(U!Je
,Jo¼p!.bti i.,
On ()ec t'?th , 2021 before me,Ln,dcd<o.ybieil'!C.I, personally appeared J 1J/1a11 enckey , proved to me on
the basts of satisfactory evidence to be the petson(s) whose names(s) 1s/a1e subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in h1s/her/thetr authonzed capac1ty(1es), and that by
his/her/then s1gnature(s) on the instrument the pe1son(s), or the entity upon behalf of which the pe1son(s) acted,
executed the instrument
I certify under PENAL TY OF PERJURY under the laws of the State ofCahfom1a that the foregoing paragraph 1s
true and correct ....... -·········· ........................ -----· ! r~ , LINDA KAY GANCI !
N :ti( ,~J~ COMMISSION # 2329953 s:
~ : D Notary Pubhc -Cahforma ~
i" COUNTY Of ORANGE °': l ... • Comm Exp JULY 24 2024 l .................................................
OPTIONAL
Though the data below 1s not required by law, tt may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
12! INDIVIDUAL
0 CORPORA TE OFFICER
□ □ □ □ □ □
TITLE(S)
PARTNER(S) 0 LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ___________ _
SIGNER IS REPRESENTING
(NAME OF PERSON(S) OR ENTITY(IES))
01203 0001/699504 I EQG
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
C-52
l
California All-Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate venfies only the 1dent1ty of the md1v1dual who signed the
document to which this certificate 1s attached, and not the truthfulness, accuracy, or validity of that document
State of Cahforma
County of /)(M1Cge
On De@m.be( /S,,;J.()9--/ before me, Linda Kay Ganc1, Notary Public
personally appeared -~<.-J~i ~} ~\ 1=a~n~~~n~o_lt.._~---------------
~J) --,....
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capac1ty(1es), and that by h1s/her/the1r s1gnature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph 1s
true and correct
WITNESS my hand and official seal
f> (
: ·······-·-···-··-·---·············--·······-····
, LINDA KAY GANCI
I,.'. COMMISSION # 2329953 ~
<( Notary Pubhc -Cahforma ~
i" COUNTY Of ORANGE "' ! Comm Exp JULY 24 2024 , ·····--······-··-··-···-----·······-·····-········
OPTIONAL INFORMATION -------------
The preceding Cert1f1cate of Acknowledgment 1s attached to a
document titled/for the purpose of ~~~~~a~d-~-----
'R£.vic.1/10 ~ tos vevd.e..s
containing __ pages, and dated _________ _
The s1gner(s) capacity or authority is/are as
17 lnd1v1dual(s)
LJ Attorney m fact
D Corporate Officer(s) ______________ _
r J Guardian/Conservator
fl Partner L1m1ted/General
:7 Trustee(s)
' 1 Other __________________ _
, -< l) fl
HI'!\,,.;; M-111 "-f ,1, k'<;1\iil1\ll'1 <i.:.►tfl11,
Method of Signer ldent1ficat1on
Proved to me on the basis of satisfactory evidence
lfi_form(s) of 1dent1ficat1on D credible witness(es)
Notanal event 1s detailed m notary Journal on
Page#__ Entry# __
Notary contact _________ _
Other
0 Add1t1onal Signer D S1gner(s) Thumbpnnts(s)
□-------------
C-53
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate venfies only the identity of the md1v1dual who signed
the document to which this certificate 1s attached, and not the truthfulness accuracy or validity of that document
STATE OF CALIFORNIA
O(a""~
COUNTY OF L~LES ~
t,..1ott'-$i'<>'-\<--
On Dec, 15~, 2021 before me, L-ivido< Ko'( f:i.c,11c.1 , personally appeared Jolin L Hwilu , proved to me on
the basis of satisfactory evidence to be the pe1son(s)'whose names(s) 1s/aie subscnbed to the within instrument and
acknowledged to me that he/she/they executed the san1e in his/her/then authouzed capac1ty(1es), and that by
h1s/her/the1r s1gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument
I certify under PENAL TY OF PERJURY under the laws of the State of Cahfom1a that the foregoing paragraph 1s
true and correct
WITNESS my hand and official seal
Signature ~
! -~Y=-;"'~i'. LINDA KAY GANCI !
N :,;,., 1 COMMISSION # 2329953 .: o.-~ ~ )> ~ 1"._._ Notary Pubhc -Cahforma "ti
~ ,,...,. COUNTY Of ORANGE ":
: -~ Comm Exp JULY 24 2024 ! ··························-----·················
OPTIONAL
Though the data below 1s not requ1red by law, 1t may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0_ INDIVIDUAL
0 CORPORA TE OFFICER
□ □ □ □ □ □
TITLE(S)
PARTNER(S) 0 LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER __________ _
SIGNER IS REPRESENTING
(NAME OF PERSON(S) OR ENTITY(IES))
01203 0001/699504 I EQG
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
C-54
Califomia All-Purpose Certificate of Acknowledgment
A notary pubhc or other officer completing this certificate verifies only the 1dent1ty of the md1v1dual who signed the
document to which this certificate 1s attached and not the truthfulness, accuracy or vahd1ty of that document
State of Cahforma
County of -=-Q_r;_~_r>---"¥:,,___ _____ _
On (:e@fn~ 15, )0?-1 before me, Linda Kay Gane,, Notary Public
'"' r H Jf f t r 1 ~ I) ii f 1 !1.
personally appeared --Jo~h~n~_L_L~l:fu~v1~+e-("' ______________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the w1thm instrument and acknowledged to me that he/she/they executed
the same in h1s/her/the1r authorized capac1ty(1es), and that by his/her/their s1gnature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument
I certify under PENAL TY OF PERJURY under the laws
of the State of Cahforrna that the foregoing paragraph 1s
true and correct
WITNESS my hand and official seal
cr?t:,, ' '"
··························---------------···--·-· i ~ LINDA KAY GANCI i
N ~ ,.!. ~ COMMISSION # 2329953 1: ~ ~• ~ Notary Public -Callfornla S
ii ' ' COUNTY Of ORANGE
: ~ ' Comm Exp JULY 24 2024 ! ·········-···-···············--·-······-······· ...
<... r1l
OPTIONAL INFORMATION -------------
' 1' ' 1' '> I JI) I f/>S ,;pr/1011 >'i n )/ n ft •"-0 oy lai, 1/ ( ')l,1,-1 / rt-Vt-, / fr,,, -1,1,en Ff/1 )VO 11,(/ 1enItaclH))D/,f ')f
\ I du'/)(;J,ZP[/ dc.,vul,1 ( 1 h ( /11..', ,dy f) uv( l)(.J h. .. fjCf!'..,0,11 ) ('l/11/1...J l)/, 1 /(1 rJ 1
/ ll nncl l)Ovud f'llt
J Description of Attached Document
The preceding Cert1f1cate of Acknowledgment 1s attached to a
' document titled/for the purpose of CAM-\Y't<e. +
lZ-ClnQ'.\0 ~l OS ver4g.s
containing __ pages and dated _________ _
The s1gner(s) capacity or authority is/are as
D lnd1v1dual(s)
D Attorney in-fact
D Corporate Officer(s) ______________ _
D Guardian/Conservator
D Partner L1m1ted/General
D Truslee(s)
llr ,
□ Other _______________ _
representing
Method of Signer Identification
Proved to me on the basis of satisfactory evidence
Qc!' fonn(s) of 1dent1ficat1on D credible witness(es)
Notarial event 1s detailed m notary Journal on
Page#__ Entry# __
Notary contact _________ _
Other
0 Add1t1onal Signer [J S1gner(s) Thumbpnnts(s)
u _________ _
C-55
EXHIBIT "A"
SCOPE OF SERVICES
Table 4 . Scope of c, ra m Services
ula rl
mat1on
a so urces
Coordm a e
Expertise Review As needed: Communications within the competence of consultant
01203.000 1/699504.I EQG A-1
C-56
Geosyntec will serve as a subcontractor to ass is t with Scope of Service Task 2 .2. The ir costs are
incorporated into our Not-to-Exceed cost estimate Tab le 7.
Tab le S. Scope ot City's Share o Peninsula W G EWMP Serv ices
Repo ing
Trai i ngAct iv iti es
2.S.
2.6. Adaptive Mana eme
Repo ing
Re iew
Sche · p epare agend
pres basis . Attend
Stee s to rep esent t MG.
C P Agency infor m ·
u
1 ery 5-year) or req · ·
a na l Board r
R ated PVP E
E is a o e-t ime
nd to address Reg 1ona oar requ ire revi sions a e
subm ittal.
atershed
Coordinate t he purs ui o T DL comp li ance , T D reconsidera ion, and Reg io al
Projects w i h agenc ies ith i n a d o uts ide of t he PVP G on an on-gomg_. as
eeded basis.
Deve lop and del iver d is inct t raining modu les or Co struct ion and P b li c Agency
Activities , custom ized for PVP I Geach o be de li ered on 2 s-epa ate occas ions
so that Ci staff/contra ctors have 2 cho ices o dates for t ra ining.
lize RO r\JD based · · al a
includi g OMP In eg a ed on nd t ion
received since annual repo pr it. ill be
pec1f1ed dead t e w Permit re qu ires ,t.
•ear s (unless ot e vise speci 1ed
P to become more effective per
requ ons o h e E P •.rill be
eme ter Board.
Coord in s to imp lemen s on
an · ed basis.
Re P soope of work de li erab !e p oduced by other age cies
parw , eir co su ltan s, and p ovi de comments on a on -go ing,
as needed bas is.
for Pro ·ect Geotechni cal Worlc
Implement ·te-spec ific geotechnica l wo
Coord ina •e w ith pro·ect sta ff, report on pro ress, and QA/QC deli ve rab !es.
01203 .000 1/699504.l EQG A-2
C-57
Tabl e 6. Scope of CIMP Implementa tion MOU Serv ices
Tasks Descr iption
3 .1. Non-Stormwater Outfall Screening Progra m {if requ i red by new MS4 Pe rmit )
Sou rce I D Invest iga t ion As needed: if a other round of in vest igatio s are r eq uired by the updated MS4
Pe rm it , inv estigat e th e prio r itized ou tfalls w ith sig ificant non-s ormwater
d isc harge by dead li ne fo r sou rc e id en tificat ion . -
Sou r ce ID eporting As neede d: If another report is re qu ired by t e updated MS4 Permi , p repa re a
report of the res ults of t he source identif icat ion in v estigation p ri or to the
specified deadl in e upon comp letio n of t he investigatio n.
3.2 Integrated Monitori ng Comp lia nce Repo rt (IMCR )
Re v iew Rev iew and ed it t h e IMCR annu al ly per the requ iremen t s of the MS4 Pe rmit.
3 .3 Correspond with Mon itorin g Consu lta nts
Coo rd i ate Coord inate and fa ci lita te communi catio amongst th e City, the PVP WMG, and
t he monitori ng co nsu ltan t s. Provide ass istance w it h m o n itoring co ntracts.
App li ca bl e to A ll Tas ks
Proj ect Management Coord ina t e w ith proj ect staff, report on progress, and OA/QC deliv erab les.
01203 .000 1/699504.I EQG A -3
C-58
0 I 203.000 I /699504. I EQG
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
B-1
C-59
EXHIBIT "C"
SC HEDULE OF ~PENSA TIO N
Compensation w i ll be based o n time and material s per the rate table bel ow. Amounts may be
moved between line items so l ong as the total contract amount is not exceeded :
Program Title
Team Member Information
(Ex pected Contribution %)
JLHA
Projec t Manager Nam e Michelle Staffield , PE , MSE , CPSWQ , QSD
20% Roles Point-of-contact, manages service implementation and budget
Principal in Charge Name John Hunter, PE
10% Roles Point-o f-contact, oversees project implementation
Project Lead Name Jacqueline Mak
30% Roles Project analyst, coordinates services and deli verables
Technical Support ame Hugo Garc ia, CPSWQ, CE SSWI , QSD/P
5% Roles Support field inspection and GIS acti vi ties
Te chnical Support ame Glenn Cajar, CESSW I, QSP
20% Roles Field compliance inspections
Project Support/ Na me Ca meron McCullough , MS , CPSWQ , QSD/P , IGP ToR
Techn ical Support
Roles
As-needed technical /project support, including project
10 % management
Project Support/ Name Jillian Bri ckey, MS , CPSWQ , QSD/P, IGP ToR
Techn ical Suppo1t
Roles
As -needed technical /project support, including project
5% management
Geosyntec (S ubcontractor)
Project Director Name Christopher Wessel , PE, QSD /P (S ubcontractor: Geosyntec)
20% Roles Project delivery for RAA model revisi on
Project Manager Name Curtis Fang , PE , QSD , QISP (Subcontractor: Geo sy ntec)
70 % Roles Project del ive ry for RAA model revision
Senior Technical Advisor ame Scott Struck , PhD , ENV SP (Subcontractor: Geosyntec)
10 % Roles Project deli very for RAA model revision
01203 .0001 /699504.I EQG C -1
C-60
Fiscal Year FY 21-22 I
Tas k name Cost Totals
1. CITY-SPECIFIC MUNICIPAL NPDES PROGRAM SERVICES $64,050
1.1 Progr am Administration, Including Compliance Planning and Reportin g Tasks $16,000
1.2 Prog r am Funding $4,000
1.3.1 T ra ining $1 ,950
1.3.2 Municipa l Pro j ec t s and Programs $5,000
1.3.3 New Developmen t $9,750
1.3.4 Construction $9,750
1.3.5 Industrial/Commercial and Clean Bay Restauran t Facilities $12,000
1.3.6 Illicit Di scharge Investigations $3,000
1.3. 7 Publ ic Outreach $2,600
2. CITY 'S SHARE OF PEN I NSULA WMG EWMP SERVICES $114,000
2.1 Watershed Meetings Coordination $27,500
2.2 EWMP Upda te Coord ina t ion and Reporti ng $27,500
2.3 External and Alternative Comp liance Options $28,000
2.4 Public Agency Activi t ies {C onstr uct ion Program and Public Agency Activ ities Training} $8,000
2 .5 Wa tershed Report of Waste Discharge (expected FY 25-26) $0
2.6 Adaptive Manage ment $0
2.7 Review and Coordination w ith Ot he r Peninsu la EWM P Agencies $13,000
2.9 Contingency fo r Site Specific Geotechn ical Work $10,000
3. OMP IMPLEMENTATION MOU SERVICES $18,100
3.1 Outfall Screening Program {if required by new MS4 Pe r m it ) $6,500
3.2 Integr ated Monitoring Compliance Report $2 ,500
3.3 Co rrespond w i h Monit oring Consultants and Pr epare RFP $9,100
Total $196,150
1.3 .8 General Consultation As Needed : Time and Materials
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EXHIBIT "C-1"
PERSONNEL RA TES
~ Rate Schedule
John L. Hunter & Associates, Inc.
Principal $185 / hour
Director $165 I hour
Program Manager $165 / hour
Staff Engineer $165 I hour
Project Manager $155 / hour
Assistant Project Manager $145 / hour
Project Engineer $145 / hour
Compliance Specialist II $115 I hour
Project analyst TI $115 / hour
lndustrical/commercial facility inspection $125 / hour
Compliance Specialist I $95 / hour
Project Analyst I $95 / hour
Admi ni strative Assistant, Laborer (OSHA 40hr certified) $65 / hour
State Certified Laboratory ana lysis $Cost+ 5%
Legal Consultation, Court Apperances/Document review, etc. $250 / hour
Subcontracted equipment Cost + 5%
This rate is subject to consumer price index (CPI) increases in subsequent years.
Geosyntec Standard Rate Schedule (Subcontractor)
Staff Professional
Senior Staff Professional
Professional
Project Professional
Senior Professional
Principal
Senior Principal
Project Administrator
Clerical
Direct Expenses
Subcontract Services
Personal Automobile (per mile)
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$135 I hour
$157 /hour
$178 / hour
$200 I hour
$225 I hour
$2 45 I hour
$268 I hour
$74 / hour
$58 / hour
Cost plus l 0 %
Cost plus l 0 %
Current Gov't Rate
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EXHIBIT "D
SCHEDULE OF PERFORL'1A NCE
Consultant shall deliver the following tangible work products to the City b y th e following
dates.
A. D raft MS4 Permit Annual Repoti by November 15 each year.
B. News letters bimonthly and NPD ES/WMG meeting summaries within 10 working
days of meeting .
C. Industrial/commercial and C lean Bay Restaurant program inspection reports and
vio lation notices within one month of the inspection/violation.
D. Illicit discharge detection investigation reports and v iolation notices within one
month of investigation.
E. Training presentations at time of trammg and new and revised template
documents and BMP fact sheets at time of training . Training is conducted once a
year, ideally prior to or at the beginning of the rainy season.
F. Revised Public Outreach materials as needed.
G. Reviewed LID Plans an d SWPPPs within IO worki ng days of receiving initi a l
plan s ubmittals. Fo ll ow up reviews will b e performed withi n 10 working days.
H. Construction program inspection reports and violation notices within one month
of the inspection/v iolation.
I. Watershed meeting agendas 1 day prior to meeting.
J. Revise draft EWMP in accordance with the comments received from the Regional
Water Quality Board, within three months of receipt of comments.
K. Model contract lang uage to transfer permit responsibility for impl ementing Table
18 Ac ti vity BMPs and 12 required road reconstruction BMPs per the MS4 Pennit
to contractors within the first year of EWMP Impl eme ntat ion .
L. Draft Watershed ROWD one month prior to June 1, 2022 deadline for first year,
and one month prior to deadline coinciding with Adaptive Management process.
M. Draft Evaluation of the EWMP (Adaptive Management) -One month prior to
biennial April 19 deadline .
N . Draft Non-Stormwater Source ID Report -10 working days prior to deadline for
source identification.
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0. Draft Integrated Monitoring Compliance Report by November 15 each year.
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