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CC SR 20240702 K - John L. Hunter and Associates Amendment 4 Stormwater Quality CITY COUNCIL MEETING DATE: 07/02/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to approve Amendment No. 4 to the professional services agreement (PSA) with John L. Hunter & Associates for stormwater quality consulting services. RECOMMENDED COUNCIL ACTION: (1) Approve Amendment No. 4 to the PSA with John L. Hunter & Associates for stormwater quality consulting services thereby increasing the amount by $160,000 plus a 15% contingency in Fiscal Year 2024-25 for a sum of $726,018; and, (2) Authorize the Mayor to execute Amendment No. 4 to the PSA in a form approved by the City Attorney. FISCAL IMPACT: Approving the amendment will result in expenditures up to $160,000, which is included in the adopted Fiscal Year 2024-25 budget. VR Amount Budgeted: $160,000 Additional Appropriation: N/A Account Number(s): 101-400-3130-5101 ($112,000) (General Fund –Stormwater Quality/Professional & Technical) 343-400-3130-5101 ($48,000) (Measure W Fund – Stormwater Quality/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. 4 to the Professional Services Agreement with JHLA (page A-1) 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 1 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: 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. On December 21, 2021, following a solicitation for services, the City Council approved a one-year PSA with JHLA for a not-to-exceed sum of $200,000 with the option to extend the contract for three additional years. On June 21, 2022, the City Council approved Amendment No. 1, extending the agreement term by six months to June 30, 2023, so that the contract term could align with the fiscal year calendar. The PSA increased by $100,000 for a total sum of $300,000. The amendment also modified the two remaining one-year options to align with the fiscal year calendar (July to June of each year). On June 20, 2023, the City Council approved Amendment No. 2 exercising the first of two remaining one-year options, extending the term to June 30, 2024, for an additional $194,473 and a new total contract sum of $494,473. On October 3, 2024, the City approved Amendment No. 3 which modifie d the scope of services to include the Averill Canyon and San Pedro Canyon stormwater studies for two fiscal years: 2023-24 and 2024-25 in the amount of $71,545, increasing the overall contract sum to $566,018 and extending the term to June 30, 2025. Staff now recommends approving Amendment No. 4 (Attachment A) to the existing PSA, increasing the contract amount an additional $160,000 for a new total contract sum of $726,018 to continue providing contractual services to the City. ALTERNATIVES: In addition to the Staff recommendations, the following alternative actions are available for the City Council’s consideration: 2 1. Do not approve Amendment No. 4 to the professional services agreement with John L. Hunter & Associates for stormwater quality consulting services and direct Staff to re-solicit services. 2. Take other action, as deemed appropriate. 3 AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 4”) 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 July 2, 2024. 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 amended the Agreement and agreed to extend the Term by six (6) months through June 30, 2023, and increase compensation by $100,000, for FY 2022-23 for a total not to exceed Contract Sum of $300,000 (“Amendment No. 1”). C.On June 20, 2023, City and Consultant entered into a second amendment to the Agreement and 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 (“Amendment No. 2”). D.On October 3, 2023, City and Consultant entered into a third amendment to the Agreement to extend the Term by one year through June 30, 2025, modifying the scope of services and increasing compensation by $71,545 ($35,800 for FY 2023-24 and $35,745 for FY 2024-25) for a total not to exceed Contract Sum of $566,018 (“Amendment No. 3”). E.City and Consultant now agree to amend the Agreement to increase compensation by $160,000 for a total Contract Sum not to exceed $726,018 (“Amendment No. 4”). 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 $566,018 (Five Hundred Sixty Six Thousand Eighteen Dollars)$726,018 (Seven Hundred Twenty Six Thousand Eighteen Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. A-1 01203.0005/993993.2 -2- b. Exhibit “A” Scope of Services is repealed and replaced with the attached Exhibit “A” Amendment No. 4 Scope of Services. c. Exhibit “C” Schedule of Compensation is repealed and replaced with the attached Exhibit “C” Amendment No. 4 Schedule of Compensation. d. Exhibit “D” Schedule of Performance is repealed and replaced with the attached Exhibit “D” Amendment No. 4 Schedule of Performance. 2. Continuing Effect of Agreement. Except as amended by Amendment Nos. 1 through 4, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 4 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. 4, 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. 4, 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. 4. 5. Authority. The persons executing this Amendment No. 4 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. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] A-2 IN WITNESS WHEREOF, the parties hereto have executed tJ1is Amendment No. 4 on the dates set forth below , with express intent that this Amendment No. 4 shall be effective as of July 2, 2024. ATTEST: Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Elena Q. Gcrli, City Attorney CITY: CITY OF RANCHO PALOS VERDES , a municipal corporation John Cruickshank, Mayor CONSULT ANT: JOHN L. HUNTER & ASSOCIATES , INC., 11 California corporation B~~ Title President . ecretary Address: 6131 Orangethorpe Ave Ste 300 Buena Park , CA 90620 Two corporate omcu ■lgnalures nqulred when Comulwal II a corponUon, with one ■lgoalure required from each or lbc foUowlnlJ iiroaps: 1) Chairman of the Board, Prnldmt or any Vite Pre■ldent; and 2) Sccreblry, any Assistant SOO'l!tary, Chief Flnancl.al Officer or any Alslstant Treuurar. CONSULTANT'S SIGNATURES SHALL DE DULY NOTARIZED, AND APPROPRIA TR A ITESTA TIONS SHALL BE INCLUDED AS MAY BE REQUIRED nv TIIE BYLAWS , A RTICLES OF INCORPORATION, OR omER RULES OR REGULATIONS APPLJCABLE TO CONSULTAN1"'S OUSINF..SS ENTITY. 0 I 20J.ll005J99J99J .2 -3- A-3 01203.0005/993993.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2024 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 01203.0005/993993.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2024 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 01203.0005/993993.2 EXHIBIT “A” AMENDMENT NO. 4 A-6 01203.0005/993993.2 A-7 01203.0005/993993.2 A-8 01203.0005/993993.2 A-9 01203.0005/993993.2 SCOPE OF SERVICES FISCAL YEAR 2023-2024 & FISCAL YEAR 2024-2025 [continued on next page] A-10 01203.0005/993993.2 SCOPE OF SERVICES FISCAL YEAR 2024-25 A-11 01203.0005/993993.2 A-12 01203.0005/993993.2 A-13 01203.0005/993993.2 EXHIBIT “C” AMENDMENT NO. 4 SCHEDULE OF COMPENSATION FISCAL YEAR 2021-22 A-14 01203.0005/993993.2 A-15 01203.0005/993993.2 COMPENSATION FOR FISCAL YEAR 2023-2024 & FISCAL YEAR 2024-2025 A-16 01203.0005/993993.2 COMPENSATION FOR FISCAL YEAR 2024-25 A-17 01203.0005/993993.2 EXHIBIT “C-1” PERSONNEL RATES PERSONNEL RATES FOR FY 2021-22 A-18 01203.0005/993993.2 A-19 01203.0005/993993.2 A-20 01203.0005/993993.2 PERSONNEL RATES FOR FISCAL YEAR 2023-2024 & FISCAL YEAR 2024-2025 A-21 01203.0005/993993.2 PERSONNEL RATES FOR FISCAL YEAR 2024-25 A-22 01203.0005/993993.2 EXHIBIT “D” AMENDMENT NO. 4 SCHEDULE OF PERFORMANCE FISCAL YEAR 2021-22 A-23 01203.0005/993993.2 FISCAL YEAR 2023-24 A-24 01203.0005/993993.2 FISCAL YEAR 2023-24 & FISCAL YEAR 2024-25 A-25 01203.0005/993993.2 FISCAL YEAR 2024-25 A-26