HomeMy Public PortalAboutAgreement_9/21/2021to 9/21/2024_John L. Hunter and Associates, Inc._NPDES Program Management Support Services_21-009CAGREEMENT FOR SERVICES
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
JOHN L. HUNTER & ASSOCIATES, INC.
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
JOHN L. HUNTER & ASSOCIATES, INC.
This Agreement for Services ("Agreement") is entered into as of this 22nd day of
September, 2021 by and between the City of Temple City, a municipal corporation
("City") and John L. Hunter & Associates, Inc., an environmental consulting corporation
("Service Provider"). City and Service Provider are sometimes hereinafter individually
referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, by request for proposals, the performance of the services
defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal, for the performance
of the services defined and described particularly in Section 2 of this Agreement, was
selected by the City to perform those services.
C. Pursuant to the City of Temple City's Municipal Code, City has authority to
enter into this Services Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to formalize the selection of Service Provider for
performance of those services defined and described particularly in Section 2 of this
Agreement and desire that the terms of that performance be as particularly defined and
described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants
made by the Parties and contained here and other consideration, the value and
adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this
Agreement, the Term of this Agreement is for three (3) years, plus an option authorizing
the City Manager or his/her representative to renew the agreement for an additional two
(2) years, commencing on the date first ascribed above.
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SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Service Provider agrees to perform the services set
forth in Exhibit "A" "Response to Request for Proposal" (hereinafter, the "Services") and
made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to
the schedule specified in Exhibit "A." Should the Services not be completed pursuant to
that schedule, the Service Provider shall be deemed to be in Default of this Agreement.
The City, in its sole discretion, may choose not to enforce the Default provisions of this
Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection
with its performance of this Agreement that are in addition to or outside of the Services
unless such additional services are authorized in advance and in writing in accordance
with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this
Agreement. If and when such additional work is authorized, such additional work shall
be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Service Provider the amounts specified on page 25 of Exhibit "A" "Response to Request
for Proposal" and made a part of this Agreement by this reference. The total annual
compensation, including reimbursement for actual expenses, shall not exceed fifty-nine
thousand, nine -hundred sixty dollars ($59,960), unless additional compensation is
approved in writing in accordance with Section 26 "Administration and Implementation"
or Section 28 "Amendment" of this Agreement. If the agreement is extended for two,
one-year terms, the City agrees to pay the Service Provider the amounts specified in
the above referenced Exhibit "A".
(b) Each month Service Provider shall furnish to City an original invoice for all
work performed and expenses incurred during the preceding month. The invoice shall
detail charges by the following categories: labor (by sub -category), travel, materials,
equipment, supplies, and subcontractor contracts. Subcontractor charges shall be
detailed by the following categories: labor, travel, materials, equipment and supplies. If
the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on
an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor
category in each invoice shall include detailed descriptions of task performed and the
amount of time incurred for or allocated to that task. City shall independently review
each invoice submitted by the Service Provider to determine whether the work
performed and expenses incurred are in compliance with the provisions of this
Agreement. In the event that no charges or expenses are disputed, the invoice shall be
approved and paid according to the terms set forth in subsection (c). In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City
to Service Provider for correction and resubmission.
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(c) Except as to any charges for work performed or expenses incurred by
Service Provider which are disputed by City, City will use its best efforts to cause
Service Provider to be paid within forty-five (45) days of receipt of Service Provider's
correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this
Agreement shall not be deemed to waive any defects in work performed by Service
Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider's work under this
Agreement, either during performance or when completed. City shall reject or finally
accept Service Provider's work within sixty (60) days after submitted to City. City shall
reject work by a timely written explanation, otherwise Service Provider's work shall be
deemed to have been accepted. City's acceptance shall be conclusive as to such work
except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider's work by City shall not constitute a waiver of
any of the provisions of this Agreement including, but not limited to, Section 16
"Indemnification" and Section 17 "Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or
discovered by Service Provider in the course of providing the Services pursuant to this
Agreement shall become the sole property of City and may be used, reused or
otherwise disposed of by City without the permission of the Service Provider. Upon
completion, expiration or termination of this Agreement, Service Provider shall turn over
to City all such original maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement
any maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files or other documents prepared, developed or discovered by
Service Provider in the course of providing the Services pursuant to this Agreement,
Service Provider's guarantees and warranties in Section 9 "Standard of Performance" of
this Agreement shall not extend to such use of the maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records
demonstrating or relating to Service Provider's performance of the Services. Service
Provider shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, or other documents or records evidencing or relating to work,
services, expenditures and disbursements charged to City pursuant to this Agreement.
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Any and all such documents or records shall be maintained in accordance with
generally accepted accounting principles and shall be sufficiently complete and detailed
so as to permit an accurate evaluation of the services provided by Service Provider
pursuant to this Agreement. Any and all such documents or records shall be
maintained for three (3) years from the date of execution of this Agreement and to the
extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to
this section shall be made available for inspection, audit and copying, at any time during
regular business hours, upon request by City or its designated representative. Copies
of such documents or records shall be provided directly to the City for inspection, audit
and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Service
Provider's address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records
required to be maintained pursuant to this section may be lost or discarded due to
dissolution or termination of Service Provider's business, City may, by written request,
require that custody of such documents or records be given to the City. Access to such
documents and records shall be granted to City, as well as to its successors -in -interest
and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City. Service Provider shall have no
authority to bind City in any manner, nor to incur any obligation, debt or liability of any
kind on behalf of or against City, whether by contract or otherwise, unless such authority
is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City.
(b) The personnel performing the Services under this Agreement on behalf of
Service Provider shall at all times be under Service Provider's exclusive direction and
control. Neither City, nor any elected or appointed boards, officers, officials, employees
or agents of City, shall have control over the conduct of Service Provider or any of
Service Provider's officers, employees, or agents except as set forth in this Agreement.
Service Provider shall not at any time or in any manner represent that Service Provider
or any of Service Provider's officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Service Provider , nor any of Service Provider's officers,
employees or agents, shall obtain any rights to retirement, health care or any other
benefits which may otherwise accrue to City's employees. Service Provider expressly
waives any claim Service Provider may have to any such rights.
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SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications,
experience and facilities necessary to properly perform the Services required under this
Agreement in a thorough, competent and professional manner. Service Provider shall
at all times faithfully, competently and to the best of its ability, experience and talent,
perform all Services. In meeting its obligations under this Agreement, Service Provider
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing services similar to the Services required of Service
Provider under this Agreement. In addition to the general standards of performance set
forth this section, additional specific standards of performance and performance criteria
may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service
Provider's work under this Agreement. Where there is a conflict between a general and
a specific standard of performance or performance criteria, the specific standard or
criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Service Provider shall keep itself informed of and comply with all applicable
federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect
during the term of this Agreement. Service Provider shall obtain any and all licenses,
permits and authorizations necessary to perform the Services set forth in this
Agreement. Neither City, nor any elected or appointed boards, officers, officials,
employees or agents of City, shall be liable, at law or in equity, as a result of any failure
of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing
wage laws do not apply to this Agreement because the Agreement does not involve any
of the following services subject to prevailing wage rates pursuant to the California
Labor Code or regulations promulgated thereunder: Construction, alteration, demolition,
installation, or repair work performed on public buildings, facilities, streets or sewers
done under contract and paid for in whole or in part out of public funds. In this context,
"construction" includes work performed during the design and preconstruction phases of
construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the
basis of race, color, religious creed, national origin, ancestry, sex, age, physical
handicap, medical condition or marital status in connection with or related to the
performance of this Agreement.
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SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions
of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Service Provider so employ such unauthorized aliens for the
performance of the Services, and should the any liability or sanctions be imposed
against City for such use of unauthorized aliens, Service Provider hereby agrees to and
shall reimburse City for the cost of all such liabilities or sanctions imposed, together with
any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its
firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of City or which would in any way hinder Service Provider's
performance of the Services. Service Provider further covenants that in the
performance of this Agreement, no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent
of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or
the appearance of any conflicts of interest with the interests of City in the performance
of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the
date of execution of this Agreement, independently involved in the performance of non -
related services for other governmental agencies and private parties. Service Provider
is unaware of any stated position of City relative to such projects. Any future position of
City on such projects shall not be considered a conflict of interest for purposes of this
section.
(c) City understands and acknowledges that Service Provider will, perform
non -related services for other governmental agencies and private Parties following the
completion of the Services under this Agreement. Any such future service shall not be
considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Service Provider in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Service Provider. Service
Provider shall not release or disclose any such information or work product to persons
or entities other than City without prior written authorization from the City Manager,
except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the City Manager or unless requested by the
City Attorney of City, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work
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performed under this Agreement. Response to a subpoena or court order shall not be
considered "voluntary" provided Service Provider gives City notice of such court order
or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of
Service Provider, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Service
Provider for any damages, costs and fees, including attorneys fees, caused by or
incurred as a result of Service Provider's conduct.
(d) Service Provider shall promptly notify City should Service Provider , its
officers, employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder. City retains the right, but
has no obligation, to represent Service Provider or be present at any deposition, hearing
or similar proceeding. Service Provider agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided
by Service Provider. However, this right to review any such response does not imply or
mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a
professional standard of care for Service Provider's services, to the fullest extent
permitted by law, Service Provider shall indemnify, protect, defend and hold harmless
City and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including attorneys fees and
costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, any negligent or
wrongful act, error or omission of Service Provider, or by any individual or entity for
which Service Provider is legally liable, including but not limited to officers, agents,
employees or sub -contractors of Service Provider, in the performance of professional
services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Service
Provider shall indemnify, protect, defend and hold harmless City, and any and all of its
employees, officials and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, are a consequence of, or are in any
way attributable to, in whole or in part, the performance of this Agreement by Service
Provider or by any individual or entity for which Service Provider is legally liable,
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including but not limited to officers, agents, employees or sub -contractors of Service
Provider.
(c) Indemnification from Subcontractors. Service Provider agrees to obtain
executed indemnity agreements with provisions identical to those set forth in this
section from each and every subcontractor or any other person or entity involved by, for,
with or on behalf of Service Provider in the performance of this Agreement naming the
Indemnified Parties as additional indemnitees. In the event Service Provider fails to
obtain such indemnity obligations from others as required herein, Service Provider
agrees to be fully responsible according to the terms of this section. Failure of City to
monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth herein is binding on the successors, assigns or heirs of
Service Provider and shall survive the termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this section
to the contrary, design professionals are required to defend and indemnify the City only
to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design
professional to claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the design
professional. The term "design professional," as defined in Section 2782.8, is limited to
licensed architects, licensed landscape architects, registered professional engineers,
professional land surveyors, and the business entities that offer such services in
accordance with the applicable provisions of the California Business and Professions
Code.
(e) City's Negligence. The provisions of this section do not apply to claims
occurring as a result. of City's sole negligence. The provisions of this section shall not
release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the
term of this Agreement the insurance policies set forth in Exhibit "B" "Insurance" and
made a part of this Agreement. All insurance policies shall be subject to approval by
City as to form and content. These requirements are subject to amendment or waiver if
so approved in writing by the City Manager. Service Provider agrees to provide City
with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for
this Agreement. City has an interest in the qualifications and capability of the persons
and entities who will fulfill the duties and obligations imposed upon Service Provider
under this Agreement. In recognition of that interest, Service Provider shall not assign
or transfer this Agreement or any portion of this Agreement or the performance of any of
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Service Provider's duties or obligations under this Agreement without the prior written
consent of the City. Any attempted assignment shall be ineffective, null and void, and
shall constitute a material breach of this Agreement entitling City to any and all
remedies at law or in equity, including termination of this Agreement pursuant to Section
20 "Termination of Agreement." City acknowledges, however, that Service Provider, in
the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and
continuity of Service Provider's staff and subcontractors, if any, assigned to perform the
Services. Service Provider shall notify City of any changes in Service Provider's staff
and sub -contractors, if any, assigned to perform the Services prior to and during any
such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by
giving thirty (30) days written notice of termination to Service Provider. In the event
such notice is given, Service Provider shall cease immediately all work in progress.
(b) Service Provider may terminate this Agreement for cause at any time
upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fail to perform any material obligation
under this Agreement, then, in addition to any other remedies, either Service Provider,
or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all
property belonging exclusively to City which is in Service Provider's possession shall be
returned to City. Service Provider shall furnish to City a final invoice for work performed
and expenses incurred by Service Provider, prepared as set forth in Section 4
"Compensation and Method of Payment" of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 "Compensation and
Method of Payment" of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement,
the City shall not have any obligation or duty to continue compensating Service Provider
for any work performed after the date of default. Instead, the City may give notice to
Service Provider of the default and the reasons for the default. The notice shall include
the timeframe in which Service Provider may cure the default. This timeframe is
presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Service Provider is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment
on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some
or all of the outstanding invoices during the period of default. If Service Provider does
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not cure the default, the City may take necessary steps to terminate this Agreement
under Section 20 "Termination of Agreement." Any failure on the part of the City to give
notice of the Service Provider's default shall not be deemed to result in a waiver of the
City's legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if
any, caused by delay in performance or failure to perform due to causes beyond the
control of Service Provider. Such causes include, but are not limited to, acts of God,
acts of the public enemy, acts of federal, state or local governments, acts of City, court
orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The
term and price of this Agreement shall be equitably adjusted for any delays due to such
causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and
available to City as public records, and which are necessary for carrying out the
Services shall be furnished to Service Provider in every reasonable way to facilitate,
without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage
prepaid and return receipt requested, addressed as follows:
To City:
To Service Provider:
City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
John L. Hunter & Associates
6131 Orangethorpe Ave #300
Buena Park, CA 90620
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the
United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Service Provider
represents and warrants that he/she/they has/have the authority to so execute this
Agreement and to bind Service Provider to the performance of its obligations hereunder.
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SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his
or her designated representative. The City Manager shall have the authority to issue
interpretations and to make amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 28 "Amendment" and the City
Manager's contracting authority under the Temple City Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in
writing and approved by the Service Provider and by the City. The City Manager shall
have the authority to approve any amendment to this Agreement if the total
compensation under this Agreement, as amended, would not exceed the City
Manager's contracting authority under the Temple City Municipal Code. All other
amendments shall be approved by the City Council. The Parties agree that the
requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision nor a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any work or services
by Service Provider shall not constitute a waiver of any of the provisions of this
Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the
laws of the State of California. In the event of litigation between the Parties, venue in
state trial courts shall lie exclusively in the County of Los Angeles, California. In the
event of litigation in a U.S. District Court, venue shall lie exclusively in the Central
District of California, in Los Angeles.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any
provision of this Agreement, the prevailing Party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
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SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire,
complete, final and exclusive expression of the Parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether
oral or written, or entered into between Service Provider and City prior to the execution
of this Agreement. No statements, representations or other agreements, whether oral
or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the
terms of any Exhibit hereto, or with the terms of any document incorporated by
reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first -above written.
CITY OF TEMPLE CITY
Bryan Cook, City Manager
ATTEST: APPROVED AS TO FO
7
lift,:ire76(teva
Peggy u ty Clerk Greg M .hy, City Attor ey
CONTRACTOR:
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By
(Authorized Officer)
Name: Cap.Lro t 'T('`)' -'`.14•A -‘-K L� 1\b,,,-
`" L
Title:
(2"d signature required if C
Corporation)
By ii A
(Aut ��!� ffier;r)
Name ,.
Title: <,PC X11
rpof°ation, IUacorporatiioro Liknfed Li Gailuty
NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS SAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
TIONN,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER'S BUSINESS ENTITY.
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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.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA '
COUNTY OF LOC ANCCLES
On 1ST` , 2021, before me,
Uate
personally appeared CO tts c -n kkCrz+2. &ve t `CL
Name of Signer(s)
Name And I tie Ut (Juicer (e.g. Jane e, NotaryyPu IC)
D.K. SHAH
COMM...2333629 r)
Ft NOTARY PUBUCCALIFORNIA -i
to �-'. / T ORANGE (v
17, 2024
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) Aare subscribed to the within
instrument and acknowledged to me that be/she/they executed
the same in tjiftet/their authorized capacity(ies), and that by
Nigher/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
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RIV #4838-6958-3880 v3
DRAFT 1/27/15
EXHIBIT "A"
RESPONSE TO REQUEST FOR PROPOSAL
RIV #4838-6958-3880 v3
DRAFT 1/27/15
A-1
June 23, 2021
Andrew Coyne, Management Analyst
City of Temple City
9701 Las Tunas Dr.
Temple City, CA 91780
Subject: RFP for NPDES Consultant Services
Dear Andrew Coyne:
John L. Hunter & Associates, Inc. (JLHA) is pleased to submit a proposal to provide National Pollutant
Discharge Elimination System (NPDES) consultant services, prepared in response to the City of Temple
City Request for Proposal (REP).
We are an environmental consulting corporation that specializes in serving municipal clients. Currently
we implement elements of the Municipal NPDES program to over 40 agencies in the Counties of Los
Angeles and Orange. Municipal NPDES services provided include administration, program funding (e.g.,
fees, grants, and the Safe, Clean Water Program), compliance planning (e.g., WMPs and TMDLs), control
measure implementation, and monitoring and reporting. Specific qualifications and experience are
detailed in the enclosed package.
The person authorized as the point of contact for a contract resulting from the RFP, and who will be
responsible for day-to-day management of these services is:
Cameron McCullough, Project Manager
John L. Hunter 8( Associates, Inc.
6131 Orangethorpe Ave, Suite 300, Buena Park, CA 90620
562.726.4259 I cmccullough@jlha.net
We do not anticipate the need to enlist the assistance of sub -consultants to fulfill the scope of services.
There is no conflict of interest nor do we anticipate any in order to fulfill the scope of services. All
information submitted with the proposal is considered true and correct.
We welcome the opportunity to offer our services. Please do not hesitate to contact us if you have any
questions or would like further information.
Sincerely,
Yu,,„t1,yl,
Cameron McCullough
Director
RFP for NPDES Consultant Services
SERVICES PROPOSAL
2021.06.23
Prepared for: Andrew Coyne, Management Analyst
City of Temple City
9701 Las Tunas Or.
Temple City, CA 91780
Prepared by: John L. Hunter & Associates
6131 Orangethorpe Ave #300
Buena Park, CA 90620
Cameron McCullough
Project Manager
cmccullough@jlha.net 562.726.4259
Michelle Kim
Project Lead
mkim®jlha.net 714.576.4793
RR for NPDES Consultant Services June 23, 2021
Table of Contents
Qualifications 1
A. Relevant Firm Experience 1
B. Client Information 3
C. Relevant Staff Credentials 4
D. Project Team 4
E. Sub -Contracted Services 5
F. Resumes 5
G. References 14
II. Approach and Schedule 15
A. NPDES Program Services 15
B. Schedule 17
III. Acceptance of Conditions 18
IV. Costs 19
A. Rate Schedule 19
B. Estimate Not -to -Exceed Costs 19
Page i
RFP for NPDES Consultant Services June 23, 2021
I. Qualifications
John L. Hunter and Associates, Inc. (JLHA) is an environmental consulting corporation founded in 1985.
We specialize in assisting municipalities implement water quality and conservation programs. These
programs include NPDES, stormwater pollution prevention, watershed management, sewer overflow
prevention, water conservation, and recycling. Services include program administration, planning,
monitoring, reporting, and funding, and engineering, inspections, and public education.
A. Relevant Firm Experience
Our experience in Municipal NPDES programs begins with the inception of MS4 Permits in the 1990s.
Table 1 is a complete list of surface water quality services we have currently or recently provided to
municipal clients. This includes:
• 35 cities, 4 watershed management groups (WMGs): Program administration/technical support,
• 18 cities: Grant and Safe Clean Water (SCW) Program project application and/or administration,
• 38 cities: Field services such as BMP compliance inspections,
• 23 cities: Plan review and approval, including LID Plans, WQMPs, and SWPPPs,
• 39 cities, 3 WMGs: Reporting (e.g., annual, TMDL, and/or watershed reports), and
• 37 cities and 3 watershed groups: Staff training.
Recent and relevant projects over the last two years include:
• Submitting 9 projects in 2020 and 14 projects in 2019 for SCW Program funding
• Applying for and obtaining a Prop 1 Stormwater grant (Urban Orchard in South Gate, 2018) and
administering a Prop 1 grant (Ford Park in Bell Gardens, ongoing).
• Updating Watershed Management Programs (WMPs) for the Lower Los Angeles River (LLAR),
Lower San Gabriel River (LSGR), Nearshore (Long Beach), and Peninsula Cities WMPs (2021).
• Preparing compliance plans for the Statewide Trash Provisions for 22 local municipalities.
• Representing the Cities of Glendale, Diamond Bar and Villa Park in MS4 NPDES compliance audits
conducted by Regional Water Board and Federal EPA staff in 2019 and 2020.
• Managing ongoing BMP inspection programs at over 10,000 sites.
Our interagency compliance planning experience includes serving as the lead consultant for the
development of the WMPs for the LLAR, LSGR, Nearshore, and Peninsula Cities WMGs. This included
oversight of the development of Coordinated Integrated Monitoring Programs (CIMPs). Together the
member agencies of these Watershed Groups represent 20 MS4 NPDES Permittees. We also serve as the
consultant team lead for the Nearshore, LLAR, LSGR, and Peninsula Cities WMGs. Services include
administering monitoring activities, overseeing the development of and submitting funding applications
for Safe Clean Water Program projects, preparing watershed annual reports, holding technical committee
meetings, and implementing other relevant tasks such as feasibility studies.
We also represent municipal clients in WMGs for the Upper Los Angeles River, Upper San Gabriel River,
Dominguez Channel, Ballona Creek, Beach Cities, and Los Cerritos Channel, In Orange County we represent
six municipal clients in WMG planning activities led by the Orange County Public Works.
Pagel
RFP for NPDES Consultant Services
June 23, 2021
Table 1: Summary of Municipal NPDES Services Currently or Recently Provided
Municipal NPDES Client
Arcadia
Artesia
Burbank
Cerritos
Compton
Covina
Diamond Bar
Downey
Fullerton
Glendale
Gateway Water Mgmt. Authority
Hawaiian Gardens
Hawthorne
I lermosa Beach
Inglewood
La Habra
La Mirada
Laguna Woods
Lakewood
Lomita
Long Beach
LCC Watershed Mgmt Group (WMG)
Lower LA River WMG
Lower San Gabriel River WMG
Lynwood...
Manhattan Beach
Monterey Park
Norwalk. _ . . . . _..
Paramount
Pasadena
Palos Verdes Peninsula WMG
Pico Rivera
Placentia
Rancho Palos Verdes
Rolling Hills
Santa Fe Springs
San Marino
Seal Beach
Signal Hill
South El Monte
South Gate
South Pasadena
Stanton
Temple City
Upper Los Angeles WMG
Villa Park
West Covina
West Hollywood
Whittier
TOTALS (out of 49)..
26
7
6
1
13
14
10
4
8
9
9
21
1
6
10
4
<1
6
7
8
8
7
11
16
11
7
6
8
S
8
27
12
5
2
16
36
4
30
16
14
18
<1
8
26
7
x
x
x
x
x
x
x
x
x
Control Measure Implementation
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E
03
WN
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o
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x x x x x
x. x x x
x
x x j
x x x
-- x x
24 29 37
26 28 39
x
x
x
x
18
Compliance Planning
x
x
x
x
__ x
14 • 27
x
x
20
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x
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6
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Paget
RFP for NPDES Consultant Services
June 23, 2021
B. Client Information
Table 2 lists the names and telephone numbers of JLHA clients. A list of the recent clients and services
provided can be found in Table 1.
Table 2: List ofJLHA Clients and Contacts
Client
Client Contact
Arcadia
Vanessa Hevener
11800 Goldring Rd
(626) 305-5327
vhevener@arcadiaca.gov
Artesia
Okina Dor
18747 Clarkdale Ave
(562) 865-6262
odor@cityofartesia.us
Burbank
Stephen Walker
150 N Third St
(818) 238-3804
swalker@burbankca.gov
Cerritos
Mike 0' Grady
18125 Bloomfield Ave
(562) 916-1226
mogrady@cerritos.us
Compton
Michael Antwine
205 S Willowbrook Ave
(310) 605-5577
mantwine@comptoncity.org
Covina
Sharon Gallant
125 E College St
(626) 384-5484
sgallant@covinaca.gov
Diamond Bar
Fabian Aoun
21810 Copley Dr
(909) 839-7038
faoun@diamondbarca.gov
Downey
Dan Mueller
11111 Brookshire Ave
(562) 622-3578
dmueller@downeyca.org
Fullerton
Derek Wieske
303 W Commonwealth Ave
(714) 738-6382
derek.wieske@cityoffullerton.com
Glendale
Edward Hitti
633 E Broadway Rm 205
(818) 548-3945
ehitti@glendaleca.gov
Hawaiian Gardens
Joe Colombo
21815 Pioneer Blvd
(562) 420-2641
jcolombo@hgcity.org
Hawthorne
Heecheol Kwon
4455 W 126th St
(310) 349-2980
hkwon@cityofhawthorne.org
Hermosa Beach
Neema Ghanbari
1315 Valley Dr
(562) 420-2641
engineering@hgcity.org
Inglewood
Lauren Amimoto
1 W Manchester Blvd
(310) 412-5333
lamimoto@cityofinglewood.org
La Habra
Chris Johansen
110 E La Habra Blvd
(562) 383-4151
cjohansen@lahabraca.gov
Laguna Woods
Nadia Cook
24264 El Toro Road
(949) 639-0552
ncook@cityoflagunawoods.org
Lakewood
Konya Vivanti
5050 Clark Ave
(562) 866-9771
kvivanti@lakewoodcity.org
Lomita
Carla Dillon
24300 Narbonne Ave
(310) 325-7110
c.dillon@lomitacity.com
Long Beach
Melissa You
333 W Ocean Blvd
(562) 570-6386
melissa.you@longbeach.gov
Lynwood
Lorry Hempe
11330 Bullis Rd
(310) 603-0220
Ihempe@lynwood.ca.us
Manhattan Beach
Nicholle Petroff
3621 Bell Ave
(310) 802-5315
npetroff@citymb.info
Monterey Park
Bonnie Tam
320 W Newmark Ave
(626) 307-1383
btam@montereypark.ca.gov
Norwalk
Christine Roberto
12700 Norwalk Blvd
(562) 929-5915
croberto@norwalkca.gov
Paramount
Sarah Ho
15300 Downey Ave
(562) 220-2020
sho@paramountcity.com
Pasadena
Kris Markarian
100 Garfield Ave
(626) 744-7311
kmarkarian@cityofpasadena.net
Pico Rivera
Kenner Guerrero
6615 Passons Blvd
(562) 801-4421
kguerrero@pico-rivera.org
Placentia
Luis Estevez
401 E Chapman Ave
(714) 993-8117
lestevez@placentia.org
Rancho Palos Verdes
Charles Eder
30940 Hawthorne Blvd
(310) 544-5245
charlese@rpvca.gov
Santa Fe Springs
Noe Negrete
11710 E Telegraph Rd
(562) 868-0511
noenegrete@santafesprings.org
Seal Beach
Steve Myrter
211 Eighth St
(562) 431-2527
smyrter@sealbeachca.gov
Signal Hill
Kelli Tunnicliff
2175 Cherry Ave
(562) 989-7351
ktunnicliff@cityofsignalhill.org
South El Monte
Colby Cataldi
1415 Santa Anita Ave
(626) 579-6540
ccataldi@soelmonte.org
South Gate
Arturo Cervantes
8650 California Ave
(323) 357-9657
acervantes@sogate.org
South Pasadena
Ted Gerber
416 Garfield Avenue
(626) 460-6392
tgerber@southpasadenaca.gov
Stanton
Guillermo Perez
7800 Katella Ave
(714) 890-4204
gperez@ci.stanton.ca.us
Villa Park
Steve Franks
17855 Santiago Blvd
(714) 998-1500
sfranks@villapark.org
West Covina
Michael Ackerman
1444 W Garvey Ave
(626) 939-8425
mackerman@westcovina.org
West Hollywood
Matt Magener
8300 Santa Monica Blvd
(323) 848-6894
mmagener@weho.org
Whittier
Kyle Cason
13230 Penn St
(562) 567-9999
kcason@cityofwhittier.org
P a t; e3
RFP for NPDES Consultant Services
June 23, 2021
C. Relevant Staff Credentials
Staff credentials include certified professionals in engineering, stormwater quality, BMP (Best
Management Practice) inspection, erosion control, SWPPP development and implementation, and
environmental assessment. Table 3 lists specialized credentials held byJLHA staff.
Table 3: Specialized Credentials held by JLHA Staff
Credential
Credential Description
PE
Professional Engineer
CPSWQ
Certified Professional in Stormwater Quality
CESSWI
Certified Erosion, Sediment and Stormwater Inspector
QSD/P
Qualified SWPPP Developer and Practitioner (Construction)
QISP
Qualified Industrial Stormwater Practitioner
CGP ToR
Trainer of Record for the NPDES Construction General Permit
IGP ToR
Trainer of Record for the NPDES Industrial General Permit
D. Project Team
Table 4 lists the key personnel for this project and their typical project roles. The team will be available
to provide any of the services listed in the scope of work within the term of services. See the Resumes
Section for the experience, credentials, and education of the project team.
Table 4. Project Team Roles
Project Title
Team Member Information
Project Lead:
Compliance Planning
Name
Michelle Kim, MSE, CPSWQ QSD
Roles
Point -of -contact, project delivery with focus on compliance planning
including WMPs and TMDLs
Project Manager
Name
Cameron McCullough, MS, CPSWQ QSD/P, IGP ToR
Roles
Point -of -contact, project administration and planning
Project Lead:
Field Services
Name
Hugo Garcia, CPSWQ CESSWI, QSD/P
Roles
Point -of -contact, project delivery with focus on field services, including
compliance inspections and field studies
Project Engineer
Name
Michelle Staffield, PE, MSE, CPSWQ, QSD
Roles
Project engineering lead
Staff Engineer
Name
Rosalinda Tandoc, PE
Roles
As -needed project engineering oversight
Technical Support
Name
Wilson Duong, CESSWI, QSP
Roles
Field compliance inspections
Project Support/
Technical Support
Name
Jillian Brickey, MS, CPSWQ QSD/P, CGP ToR
Roles
As -needed project/technical support, including project management
Principal -in -Charge
Name
John Hunter, PE
Roles
As -needed project/technical support, including project management
Page4
REP for NPDES Consultant Services June 23, 2021
E. Sub -Contracted Services
JLHA subcontracts additional services as needed such as water quality monitoring and laboratory analysis,
outfall screening, construction management, computational analysis, and design engineering. JLHA does
not anticipate the need to enlist the assistance of sub -consultants to fulfill the scope of services. If it is
determined that a subconsultant is needed to provide a specialized task, the City will be notified prior to
approval.
F. Resumes
The following section includes the resumes and certifications of key staff.
ages
RFP for NPDES Consultant Services June 23, 2021
17 years of project experience
Education
M.S., Applied Mathematics, CSULB
B.S., Physics, CSULB
Certifications
CPSWQ, EnviroCert (#0842)
QSD/QSP, CASQA (#22706)
IGP Trainer of Record, CASQA (#079)
Affiliations
Phi Beta Kappa Society
Society for Industrial & Applied Math
Cameron McCullough, MS, CPSWQ, QSD/P, IGP ToR
Director
Cameron McCullough has seventeen years of experience in the
environmental compliance field, specializing in water quality. His
experience includes municipal NPDES, TMDL, and SSO Control
program administration, program funding, compliance planning,
providing technical assistance and training to municipal staff, and
representing client interests in interactions with regulators and
other stakeholders.
Recent experience and project qualifications
Mr. McCullough serves as a municipal NPDES and Industrial Waste
Program Manager for several local cities. Programs administered include those for NPDES stormwater permits
(MS4, IGP, and CGP), non-stormwater permits and orders (e.g., sanitary sewer overflows and drinking water
system discharges), and local ordinances related to these permits and orders. Tasks include funding (e.g., Safe,
Clean Water Program), compliance planning (e.g., Water Management Programs and TMDLs), stormwater
quality controls for development and construction, industrial facilities, and municipal activities, prohibiting and
investigating non-stormwater discharges to and from the MS4, and surface water quality monitoring. Through
providing these services, he has developed the qualifications needed to serve as a Program Manager for this
project. Specific examples of these qualifications include:
• Serving as a Program Manager for contracted MS4 NPDES Program services for local cities: Arcadia,
Burbank, Diamond Bar, Glendale, Inglewood, San Gabriel, South El Monte, South Pasadena, Stanton,
Villa Park, and West Covina. Project responsibilities include serving as point -of -contact, overseeing the
Project Team, ensuring successful completion of the project, and representing clients in interactions with
regulators and stakeholders. Estimated total budget: $650,000 per year.
• Serving as a Program Manager for contracted Industrial Waste and/or Fats, Oils, and Grease (FOG)
services for local cities: Arcadia, Hawthorne, South El Monte, South Pasadena, Stanton, and Whittier.
Project responsibilities include serving as point -of -contact, overseeing the Project Team, ensuring
successful completion of the project, and representing clients in interactions with regulators and
stakeholders. Estimated total budget: $200,000 per year.
• Representing cities in MS4 NPDES Permit compliance audits from Cal EPA and Federal EPA: Glendale
2020, Villa Park 2019, Diamond Bar 2019, Stanton 2014, 2010, Seal Beach 2010, 2006, Big Bear Lake
2007.
• Developing projects and submitting applications for Safe, Clean Water Program funding: South Pasadena
2019, Burbank 2020, Diamond Bar 2020. Estimated budget: $100,000.
• Administering the preparation of watershed management programs to address wet and dry weather
TMDLs for Metals, Toxics, Bacteria, and Trash: Lower Los Angeles River, Lower San Gabriel River, and
Long Beach Nearshore Watersheds, 2013-2016. Estimated budget: $1.5 million.
• Administering the adaptive management of watershed management programs: Lower Los Angeles River,
Lower San Gabriel River, and Long Beach Nearshore Watersheds, 2017-2020. Estimated budget:
$100,000.
• Leading hundreds of municipal training sessions for over 30 municipalities over the last 15 years.
Page6
RFP for NPDES Consultant Services June 23, 2021
14 years of project experience
Education
M.S., Civil Engineering, Loyola Marymount
B.S., Environmental Science, UC Berkeley
B.A., Public Health, UC Berkeley
Certifications
EIT, NCEES (#141554)
CPSWQ, EnviroCert (#1134)
QSD, CASQA (#26504)
Grade 3 Laboratory Analyst, CWEA (#130133001)
Michelle Kim, MSE, CPSWQ, QSD
Project Manager
Michelle Kim has fourteen years of experience in the
water quality industry, which includes potable water,
wastewater, and storm water. Her relevant
experiences and tasks include implementing and
managing NPDES municipal permit provisions such as
watershed management, planning and land
development, and TMDL compliance. She is involved
in the development and review of Water Quality
Management Plans (WQMPs), Low Impact
Development (LID) Plans, and Standard Urban
Stormwater Mitigation Plans (SUSMPs). Michelle's
past experience includes work with the Orange
County Sanitation District involving treatment
processes, laboratory analyses, and monitoring of wastewater and source control.
Her current responsibilities include providing municipal NPDES plan checking services, conducting BMP
verification and maintenance inspections, representing clients in meetings, and assisting in the implementation
of Watershed Management Programs.
Michelle's client -specific responsibilities at JLHA include:
• Reviewing LID Plans following the standards of the Los Angeles County area -wide MS4 Permit for the
cities of Diamond Bar, Downey, Monterey Park, Norwalk, Pasadena, Santa Fe Springs, Signal Hill, and
South Gate, and West Hollywood.
• Reviewing WQMPs following the standards of the North Orange County area -wide MS4 Permit for the
cities of Buena Park, La Habra, Seal Beach, and Stanton. (WQMPs are the Orange County -equivalent
of Los Angeles County's LID Plans.)
• Serving as point -of -contact with project engineers for the LID Plan and WQMP review process.
• Conducting post -construction BMP inspections for the City of West Hollywood.
• Assisting in municipal TMDL compliance activities, including review of Bacteria TMDL monitoring data
for Jurisdiction 7 of the Santa Monica Bay, reconsideration of the Machado Lake nutrients TMDL, and
preparation of the final compliance report for the Machado Lake Trash TMDL.
• Assisting in MS4 Permit Project Management for the Cities of Hawthorne, Lomita, and Rancho Palos
Verdes. Tasks include serving as a point -of -contact with City staff, representing city interests at
watershed meetings and other NPDES-related meetings and hearings, and preparing the Individual
Annual Report.
• Assisting in Project Management of Watershed Management efforts under the LA County area -wide
MS4 Permit. (Palos Verdes Peninsula Watershed Management Group.) Tasks include administering
meetings, managing subcontractors, and preparing the Watershed Annual Report
P a g e7
RFP for NPDES Consultant Services June 23, 2021
Education
B.S., Environmental Science, UCR
Certifications and Training
CPSWQ, EnviroCert (#1183)
CESSWI, EnviroCert (#4769)
QSD/P, CASQA (#27064)
Professional Certificate in GIS
Basic Inspector Academy, Cal EPA
Spanish fluency
Hugo Garcia, CPSWQ, CESSWI, QSD/P
Senior Project Analyst/Assistant Project Manager
Hugo Garcia has nine years of experience with John L. Hunter &
Associates, specializing in NPDES and Industrial Waste/FOG
Control regulations. His experiences include implementation of
Municipal NPDES Programs for Industrial/Commercial Facilities,
Development Construction, Municipal Activities, Planning and
Land Development, Public Information and Participation, and
Illicit Connections & Illicit Discharge Elimination Programs. In
addition, Hugo provides TMDL implementation and reporting, and
serves as JLHA's lead GIS Specialist.
Recent Experience and Project Qualifications
Mr. Garcia currently serves as both a Senior Project Analyst and Compliance Specialist whose responsibilities
include providing assistance with the implementation of several Watershed Management Programs in Los
Angeles and Orange County, as well as conducting stormwater compliance inspections (e.g., La Habra, and
South Gate). Specific examples of recent experience and project qualifications include:
• Assisting with the development, implementation, and compliance reporting components of Trash
TMDLs for the Cities of Alhambra, Arcadia, Burbank, Downey, Glendale, Inglewood, Long Beach,
Lomita, Lynwood, Monterey Park, Paramount, Pasadena, Pico Rivera, Rancho Palos Verdes, Signal Hill,
South El Monte, South Gate, South Pasadena, Temple City, and West Hollywood.
• Assisting with the development of the Lower Los Angeles River Watershed Management Group Trash
Monitoring Reporting Plan (TMRP), Trash Minimum Frequency of Assessment and Collection
(MFAC/BMP) Programs for the Cities of Arcadia, Burbank, Downey, Glendale, Long Beach, Pasadena,
and Pico Rivera, and Plastic Pellet Management Programs (PMRPs) for the Cities of Arcadia, Burbank,
Glendale, Monterey Park, Pasadena, San Gabriel, South El Monte, South Pasadena, and Temple City.
• Assisting with Industrial General NPDES Stormwater Permit compliance activities and Stormwater
Pollution Prevention Plans (SWPPPs) for municipal facilities located in the Cities of Laguna Beach, La
Mirada, San Gabriel, Signal Hill, and West Covina.
• Conducting over 3,000 NPDES compliance inspections at industrial/commercial facilities (e,g., food
facilities, automotive repair facilities, and facilities subject to the Industrial General Permit) and
construction sites.
• Developing and maintaining GIS databases of 1) potential sites for low impact development (LID)
retrofit projects to comply with various Watershed Management Programs, 2) catch basin retrofit
locations to comply with Trash TMDLs and the statewide Trash Provisions, and 3) MS4 outfall and non-
stormwater discharges locations to comply with Coordinated Integrated Monitoring Programs
(CIMPs).
• Reviewing preliminary plumbing plans for new development and tenant improvement projects at
Industrial Waste/FOG facilities in the cities of Arcadia, Signal Hill, South El Monte, South Gate, and
Stanton.
• Assisting with the review of small site Low Impact Development (LID) plans for conformance with city -
specific LID standards for the Cities of Signal Hill, South Gate, and West Hollywood.
• Developing retrofit opportunity inventories for multi-watershed/multi-jurisdictional grants (i.e. OCTA
ECP Tier 1, Prop 84).
Pages
RFP for NPDES Consultant Services lune 23, 2021
Education
M.S., Civil Engineering, Loyola Marymount
B.S., Ecology, Behavior, & Evolution, UCSD
Certifications
CA Professional Civil Engineer (#88904)
CPSWQ, EnviroCert (#1136)
QSD, CASCA (#26529)
Michelle Staffield, PE, MSE, CPSWQ, QSD
Project Engineer
Michelle Staffield has fourteen years of experience in the
water quality field, specializing in surface water quality
regulation in local regions including Los Angeles, Orange
County, and San Diego. Her experiences include managing
the development and implementation of point and non -
point source programs —including NPDES and TMDL
programs for municipalities —assisting and training
municipal staff in their in-house NPDES programs, and
representing client interests in interactions with regulators
and other stakeholders.
Recent Experience and Project Qualifications
Michelle serves as a Project Manager and technical lead on various stormwater infrastructure projects for
municipalities involving planning, review, and implementation. In this role her relevant experiences and tasks
include implementing and managing NPDES municipal permit provisions such as watershed management and
TMDL compliance, Best Management Practices (BMPs) and Low Impact Development (LID) for planning and
land development, construction, and industrial/commercial activities, public information and participation,
and general programs management and technical assistance. She is also involved in the development and
review of Watershed and Stormwater Management Programs, Water Quality Management Plans (WQMPs),
and LID Plans.
Municipal NPDES Permit Management: Some of Michelle's current client -specific responsibilities include:
• Reviewing LID Plans following the standards of the Los Angeles County area -wide MS4 Permit for the
cities of Covina, Diamond Bar, Downey, Hawaiian Gardens, Long Beach, Lynwood, Monterey Park,
Norwalk, Pasadena, Rancho Palos Verdes, Santa Fe Springs, Signal Hill, South El Monte, South Gate,
West Hollywood, and Whittier.
• Reviewing WQMPs following the standards of the North Orange County area -wide MS4 Permit for the
cities of Buena Park, La Habra, Placentia, Seal Beach, Stanton, and Villa Park. (WQMPs are the Orange
County -equivalent of Los Angeles County's LID Plans.)
• Serving as point -of -contact with project engineers for the LID Plan and WQMP review process.
• Conducting post -construction BMP verification and maintenance inspections for the cities of Covina,
Diamond Bar, Downey, Hawaiian Gardens, La Habra, Placentia, Rancho Palos Verdes, Seal Beach, Signal
Hill, Stanton, and West Hollywood.
• Assisting in municipal TMDL compliance activities, including the preparation of Trash TMDL studies
and compliance reports, and Bacteria TMDL studies and Load Reduction Strategy reports.
• Assisting in NPDES program management for the cities of Downey, South Gate and Signal Hill. Tasks
include serving as a point -of -contact with City staff, representing city interests at watershed meetings
and other related meetings and hearings, and preparing the Individual Annual Report.
Watershed Management: Through representation of municipal clients' stakeholder interests, Michelle also
participates in the development and implementation of watershed management programs and monitoring
programs for the Los Cerritos Channel, Lower Los Angeles River, and Lower San Gabriel River.
Pa g e9
RFP for NPDES Consultant Services June 23, 2021
Rosalinda Tandoc, PE
Staff Civil Engineer
Overview
Ms. Tandoc has over 30 years of experience reviewing and approving structural and architectural plans.
Her specialty lies in reviewing and approving such plans for compliance with Permits (including MS4), City
ordinances (including LID and Green Streets/Fats, Oils, and Grease/Industrial Waste/Erosion Control),
Building Codes, and other State Laws. At JLHA, she has been instrumental in expediting plan review and
approval for issuance of permits, interacting with clients to troubleshoot project development problems,
and expediently facilitating completion of client projects. She has done this for all of JLHA's past and
current clients, which now includes 23 cities.
Education Certifications and Licenses
Master of Science in Civil Engineering
California State University, Long Beach
CA Professional Civil Engineer (#29747)
Related Experience
With JLHA • Reviews structural and architectural plans and residential and large and
(Starting 2006) complicated buildings for compliance with the MS4 Permit, City Ordinances and
State Law.
• Interacts with developers to facilitate completion of their projects
• Worked with the Principal in investigating problems presented to them.
• Code Consultant
Prior Experience: • Los Angeles County Department of Public Works Building and Safety Division
(1979 — 2006)
• Coordinated with local agencies in expediting the issuance of permits
• Assisted Permit Technician in solving problems that he or she may have
incurred in the processing of permits and other related problems that need to
be resolved at the counter.
• Assisted the City in developing ways and methods of expediting the processing
of plans for issuance of permits.
• Assisted the City in developing plans and methods for effective office
organization in the City Building Department in working with the City Planning
Department.
Personal Advancement Courses
Engineering Management
Communication
Diversity Training
Business and English Writings
Supervisory Management
Achievements/Volunteer Works
Outstanding Woman of 1998, City of Cerritos
Greater Long Beach Girl Scout Council
Cerritos Senior Center, City of Cerritos
St. Linus Parish, Norwalk, CA
Cathedral of Our Lady of the Angels, Los Angeles
Page 10
RFP for NPDES Consultant Services June 23, 2021
Education
B.S., Environmental Science, UCR
Certifications and Training
CESSWI, EnviroCert (05626)
QSP, CASQA (#27359)
Basic Inspector Academy, Cal EPA
Wilson Duong, CESSWI, QSP
Environmental Compliance Specialist
Wilson Duong has five years of experience with John L. Hunter &
Associates, specializing in NPDES and Industrial Waste/FOG
Control regulations. His experiences include implementation of
Municipal NPDES Programs for Industrial/Commercial Facilities,
Development Construction, Public Information and Participation,
and Illicit Connections & Illicit Discharge Elimination Programs. In
addition, Wilson provides TMDL implementation and reporting,
and serves as one of JLHA's GIS Specialists.
Recent Experience and Project Qualifications
Mr. Duong currently serves as an Environmental Compliance Specialist whose responsibilities include
implementing compliance inspection programs for stormwater, industrial waste, and fats, oils, grease (FOG),
as well as providing assistance with the implementation of several Watershed Management Programs in Los
Angeles and Orange County, Specific examples of recent experience and project qualifications include:
• Conducting industrial waste and FOG inspections at industrial/commercial facilities (e.g. food service
establishments, food processing, manufacturing, and automotive body/repair/wash).
• Assisting with implementation and processing of Industrial Waste/FOG program permitting. (Covina,
El Monte, South El Monte).
• Assisting with implementation of Industrial Waste/FOG program fee recovery billing. (South El Monte).
• Assisting with reviewing preliminary plumbing plans for new development and tenant improvement
projects at Industrial Waste/FOG facilities. (South El Monte).
• Conducting NPDES compliance inspections at industrial/commercial facilities (e.g., food facilities,
automotive facilities, and facilities subject to the Industrial General Permit), and construction sites.
• Assisting with implementation of Senate Bill 205 (Business Licenses: Storm Water Discharge
Compliance). (Artesia, La Mirada, Long Beach, Pico Rivera, Signal Hill, Stanton, West Covina).
• Training and supervising new JLHA inspectors on proper inspection procedures for the NPDES, and
Industrial Waste/FOG programs.
• Developing and maintaining inspection facility databases for the NPDES, and Industrial Waste/FOG
programs
• Assisting with the implementation component of Trash TMDLs. (Burbank, Monterey Park).
• Assisting with the implementation component of the Lower Los Angeles River Trash Minimum
Frequency of Assessment and Collection (MFAC/BMP) Programs. (Burbank, Glendale, Long Beach, Pico
Rivera).
• Assisting with the development of GIS-based implementation plans to comply with the Statewide
Trash Provisions for 22 local municipalities.
• Developing and maintaining GIS databases of 1) potential sites for low impact development (LID)
retrofit projects to comply with various Watershed Management Programs, and 2) catch basin
retrofit locations to comply with Trash TMDLs and the statewide Trash Provisions.
Page 11
REP for NPDES Consultant Services June 23, 2021
Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR
Director
15 Years of Experience in Water Quality
Education
M.S., Environmental Science, CSUF
B.S., Zoology, Cal State Poly Pomona
Certifications
CPSWQ, Envirocert (#0845)
QSD/QSP, CASQA (#22731)
CGP Trainer of Record, CASQA
Jillian Brickey has fifteen years of experience in environmental
management, specializing in stormwater and watershed
management and water conservation. Her relevant experiences
include implementing and managing NPDES municipal Permit
programs for Low Impact Development, Development
Construction, and TMDL/watershed management. Tasks include
includes plan review and approval, reporting, training municipal
staff in program implementation, and representing client
interests in interactions with regulators and other stakeholders.
Recent Experience and Project Qualifications
Municipal NPDES Permit Management: Ms. Brickey serves as a Programs Manager of municipal NPDES Permit
programs for multiple cities throughout the Southland. NPDES Permits managed include all elements of the
MS4 and CGP Permits, including erosion/sediment control and Low Impact Development (LID) for construction
projects, and TMDL implementation for water bodies impaired by trash, metals, toxics, and bacteria. Through
these management activities, she has:
• Represented cities in MS4 NPDES Permit New Development compliance audits from the Regional Water
Quality Control Board. (Seal Beach: 2010, 2015, Stanton: 2010).
• Developed TMDL compliance plans for Metals, Toxics, Bacteria, and Trash. (Lower Los Angeles River,
Lower San Gabriel River, Long Beach Nearshore Watersheds: 2013-2016.)
• Served as primary contact with clients and represented their interests when interacting with regulators.
(Covina, La Habra, Seal Beach, South Pasadena, Stanton, Pasadena, West Hollywood).
• Developed Stormwater Quality Management Programs (Seal Beach: 2011), LID compliance guideline
documents (Gateway cities, 2014), and LID ordinances (2014).
• Held CGP QSD/QSP training as a CGP ToR (Pasadena, 2016) and led over one hundred municipal training
sessions in MS4 and CGP Permits. (Over 20 municipal clients: 2008-2016).
• Reviewed on behalf of municipal clients hundreds of LID Plans, WQMPs, and SWPPPs and verified proper
installation and maintenance of hundreds of LID BMPs.
• Supervised JLHA plan checking staff.
•
Watershed Management: Ms. Brickey served as a Project Manager for the development of the WMPs for the
Lower Los Angeles River and Lower San Gabriel River Watershed Groups (2013-2016). The WMPs were
developed by M54 Permittees with shared watershed boundaries, with the objective of achieving surface water
quality standards. Tasks included evaluating existing control measures and developing new control measures
and compliance schedules to achieve water quality standards. She also oversaw the development and
implementation of LID ordinances as required by the WMP development process. This included preparing a LID
Ordinance Equivalency Demonstration for the City of Long Beach.
She has also led multi -jurisdictional workshops and technical committees on watershed management program
implementation, and engaged with Regional Water Quality Control Board members, staff, and non-
governmental organizations in support of contested issues regarding the watershed management compliance
approach. Through representation of municipal clients' stakeholder interests, Ms. Brickey has also participated
in the development of watershed management programs and monitoring programs for the Upper Los Angeles
River, Upper San Gabriel River, and Peninsula Cities Watershed Groups (2013 -present).
Page 12
REP for NPDES Consultant Services June 23, 2021
John L. Hunter, PE
Principal
Education
B.S. Chemical Engineering, CSULB
B.S. Biological Sciences, UCI
Certifications and Licenses
CA Professional Chemical Engineer, 4724
CA Registered Environmental Assessor, 0900
CA Hazardous Substance Removal, A3382
CA General Engineering License, A-582340
Mr. Hunter serves as the Principal of JLHA. He has over 30
years of experience in municipal environmental programs
and currently oversees: (1) elements of over 40 separate
NPDES programs encompassing three counties that
covers programs such as: watershed and stormwater
management, TMDL implementation, plan reviews,
industrial and construction inspections, public agency
activities, public outreach, and monitoring/reporting; (2)
eleven municipal FOG programs encompassing
permitting, inspections and enforcement; (3) seven municipal Used Oil Recycling programs; (4) three
municipal Beverage Container Recycling programs; and (5) two water conservation programs. As of May
2016, Mr. Hunter serves as the chair for the LA Permit Group, which provides area -wide MS4 Permit
updates to all affected parties under the LA Region MS4 Permit.
Related Experience
Watershed Management
Lead consultant for the Lower Los Angeles River Watershed Group, the Lower San Gabriel River Watershed
Group, the Peninsula Cities Watershed Group, and the Long Beach Near -shore watersheds. Oversaw
preparation and oversees continued development of the Watershed Management Programs for these
groups. Also participates in the Upper Los Angeles River Watershed Group, the Dominguez Channel
Watershed Group, and the Los Cerritos Channel Watershed Group.
Total Maximum Daily Loads
Los Angeles River Metals TMOL: Developed the Reach 1 Metals TMDL Implementation Plan on behalf of
nine local agencies. The Plan was used as a source document for the Compliance Schedule in the Lower LA
River WMP.
Los Angeles River Trash TMOL: Administered Trash DGR studies and associated compliance reports for
multiple cities since 2004. Negotiated client interests with Regional Board staff. Obtained grant funding for
and prepared the Hamilton Bowl BMP Study. The study evaluated different end -of -pipe trash capture
systems for the Cities of Signal Hill and Long Beach.
MS4 Permit Minimum Control Measures (MCMs)
Oversees MCM elements of MS4 Permits for 37 cities. MCM programs include business and construction
site inspections, LID Plan and SWPPP reviews, BMP implementation for public agency activities, illicit
discharge investigations, and public outreach.
Representation and advocacy
Represents client interests in meetings with Regional Board staff/members regarding EWMPs, TMDLs, and
other Permit mandates. Has chaired the Los Angeles River Watershed Management Committee, Santa
Monica Bay Bacterial TMDL 17 Subcommittee, and the LA Permit Group. Currently serves as technical lead
for the Lower San Gabriel, Lower Los Angeles, and Peninsula Cities Watershed Management Groups.
Page 13
RFP for NPDES Consultant Services
lune 23, 2021
G. References
Table 5 is a list of client references. Additional references are available at the request of the City.
Table S: References
Agency Name.
Data Field
Reference Information
JLHA Project
Arcadia
Contact/Title
Vanessa Hevener, Environmental Services Officer
Cameron McCullough
Address
11800 Goldring Rd, Arcadia, 91066
Phone/email
(626) 305-5327, vhevener@arcadiaca.gov
JLHA services
Municipal NPDES
Baldwin Park
Contact/Title
John Beshay, Engineering Manager
Cameron McCullough,
Jillian Brickey
Address
14403 E Pacific Ave, Baldwin Park, CA 91706
Phone/email
(626) 960-4011 Ext, 459, jbeshay@baldwinpark.com
JLHA services
Municipal NPDES
Downey
(previous West
Covina contact)
Contact/Title
Delfino Consunji, Director of Public Works
Cameron McCullough,
Michelle Kim
Address
11111 Brookshire Ave, Downey, CA 90241
Phone/email
(562) 904-7102, dconsunji@downeyca.org
JLHA services
Municipal NPDES
Long Beach
Contact/Title
Melissa You, Stormwater Compliance Officer
Jillian Brickey,
Michelle Kim
Address
411 W Ocean Blvd, Long Beach, CA 90802
Phone/email
(562) 570-6691, melissa.you@longbeach.gov
JLHA services
Municipal NPDES, WMP/IMP assistance
Monterey Park
Contact/Title
Frank Lopez, Interim Director of PW/City Engineer
Cameron McCullough,
Michelle Kim
Address
320 W Newman Ave, Monterey Park, CA 91754
Phone/email
(626) 307-1323, flopez@MontereyPark.ca.gov
JLHA services
Municipal NPDES
South El Monte
Contact/Title
Colby Cataldi, Community Development Director
Cameron McCullough,
Hugo Garcia
Address
1415 N Santa Anita Ave, South El Monte, CA 91733
Phone/email
(626) 579-6540 Ext. 3218, ccataldi@soelmonte.org
JLHA services
Municipal NPDES
P a g e 14
REP for NPDES Consultant Services June 23, 2021
II. Approach and Schedule
We welcome the opportunity to provide National Pollutant Discharge Elimination System (NPDES)
consultant services, prepared in response to the City of Temple City Request for Proposal (RFP). The
timeframe of this proposal is for a period of three years. The services may be extended for two additional
years, upon written agreement by the City and JLHA. This proposal is considered valid for ninety (90) days
from the date of submittal.
A. NPDES Program Services
Table 6 lists our scope of Municipal NPDES Program services. Note:
• Program status updates include regulatory updates and stakeholder group updates.
• Interagency meetings include those held by Watershed Management Groups and the LA Permit
Group, the County of LA, training workshops, and the Regional Board.
• Programs assessed under the Municipal NPDES Program include provisions related to Monitoring
and Reporting, Minimum Control Measures, Watershed Management, and TMDLs.
• NPDES services not included in the original RFP Scope of Services that JLHA has provided to the
City of Temple City are included in this table. A budgetary allotment is incorporated into the not -
to -exceed estimate for these services.
Page 15
RFP for NPDES Consultant Services
June 23, 2021
Table 6. Scope of Municipal NPDES Program Services
Subkask _.,
Subtask De5P ',I
RFP Task 1. Support for watershed management, TMDLs and general NPDES/MS4 programs.
Program updates
Provide project and program status updates.
Budgeting
Assist in developing program budgets and cost share agreements.
Fees
As needed: Assist in developing and administering Program fees.
Interagency planning
Represent the City in meetings/correspondence with program stakeholders
Program assessment
and development
Assess program compliance and recommend actions. Review and comment on
program documents. Assist in preparing new program documents.
Technical assistance
Share technical program information and expertise with City staff.
Compliance studies
As needed: Assist in planning and implementing compliance studies.
Record keeping
Operate and maintain an accessible online databases of Program records.
Related services
As needed: Assist with NPDES-related services not identified in this scope.
RFP Task 2. Assistance with Safe, Clean Water Program (SCWP) —Measure W
Program updates
Provide SCWP status updates.
Planning and
Reporting
Prepare SCWP plans, reports, and applications, and assist in SCWP
administration,
RFP Task 3. NPDES annual report preparation
Compliance reporting
Prepare the Municipal NPDES Annual Report and Trash TMDL Annual Report.
Task 4. CONTROL PROGRAMS
Note: Tasks 4.1-4 activities include corresponding with site operators and updating site records
regularly.
RFP Task 4.1 Conducting public outreach to the community
Events
Assist with City community events to promote pollution prevention.
Material distribution
Provide and distribute educational materials.
Material development
As needed: Update and develop educational materials and content.
RFP Task 4.2 Conducting staff training
Training presentation
Develop and provide Municipal NPDES training for city staff as applicable.
RFP Task 4.3 Providing planning and land development program support
Tracking
As needed: Update LID BMP records with available program information.
Reviewing
As needed: Review LIDs and related documents.
Inspecting/enforcing
As needed: Verify BMP installation/O&M, issue enforcement,
RFP Task 4.4 Providing development construction program support (For sites that disturb 2 1 acre. As
needed for sites that disturb <1 acre.)
Tracking
Update site records with available Program inventory information.
Reviewing
As needed: Review SWPPPs and ESCPs for BMP implementation.
Inspecting/enforcing
Schedule/conduct BMP inspections, follow-up, issue enforcement.
OPT
ONAL MUNICIPAL NPDES SERVICES NOT LISTED IN THE RFP
TASK 5. CONTROL PROGRAMS (OPTIONAL)
Note: Tasks 5,1-3 activities include corresponding with site operators and updating site records
regularly.
5.1 Municipal Projects and Programs (Public Works O&M)
Development and
implementation
As needed: Assist in developing and implementing pollutant control projects
and programs not identified in this scope of services.
Tracking
Update records for pollutant -generating facilities with available information.
Inspections
Inspect facilities for BMP implementation. Assist in selecting BMPs.
Page 16
RFP for NPDES Consultant Services
June 23, 2021
Table 6. Scope of Municipal NPDES Program Services
Subtask " ;, :
Subtask Description
5.2 Industrial/Commercial Facilities
Tracking
Update industrial/commercial facility records using available data sources.
Educating
Distribute, develop, and purchase educational material.
Inspecting/enforcing
Schedule and conduct BMP inspections, follow-up, issue enforcement.
5.3 Illicit Discharge Investigations
Investigating/enforcing
Conduct field investigations, follow-up, issue enforcement.
Applicable to All Tasks
Project Management
Coordinate with project staff, report on progress, and QA/QC deliverables.
B. Schedule
Table 7 lists the schedule to provide the scope of services.
Table 7. Service Deliverable Schedule
Deliverable by task
Delivery date
RFP Task 1. Support for watershed management, TMDLs and general NPDES/MS4 programs
As needed: Memos and summaries on program updates,
meeting agendas and summaries, budget and status reports.
Set by City and JLHA.
Interagency meeting summaries.
e 1 week from date of meeting.
As needed: Assessment reports, plans, forms, data requests,
and fee schedules.
Set by City and JLHA.
Online program record databases.
Ongoing through term of service.
RFP Task 2. Assistance with Safe, Clean Water Program — Measure W
As needed: Funding applications, expenditure plans and
reports.
Set by City and JLHA from date of need
or request.
RFP Task 3. NPDES annual report preparation
Draft MS4 NPDES Annual Report and Trash TMDL Annual
Report.
< 2 weeks before internal WMG due
date.
Final MS4 NPDES Annual Report and Trash TMDL Annual
Report.
By December due date.
RFP Task 4.1 Conducting public outreach to the community
Event attendance and/or providing materials
Once a year. Event set by City and JLHA.
Material distribution.
Once a year. Date set by City and JLHA.
Event or material distribution reports.
e 1 week from event/distribution date.
As needed: Material development.
Date set by City and JLHA.
RFP Task 4.2 Conducting staff training
Training presentations (in person, virtual, or self -guided).
Once a year. Date set by City and JLHA.
RFP Task 4.3 Providing planning and land development program support
Reviewed LID with comments.
e 2 weeks from receiving LID.
As needed: BMP inspection reports.
< 1 year from start of services for
facilities requiring inspection.
RFP Task 4.4 Providing development construction program support
Site inventory and inspections with reports for sites
requiring inspection.
Once a month. Ongoing through term
of service.
Task 5.1 Municipal Projects and Programs (Public Works O&M)
Page 17
RFP for NPDES Consultant Services
June 23, 2021
Table 7. Service Deliverable Schedule
Deliverable by task
Delivery date
Facility inventory and inspections with reports.
<_ 1 year from start of services for
facilities requiring inspection.
Task 5.2 Industrial/commercial Facilities
Updated facility inventory.
Updated <_ 1 year from start of services.
Inspections with reports for facilities requiring inspection.
<_ 1 year from start of services. Reports
provided monthly from inspection start
and end dates set by City and JLHA.
Task 5.3 Illicit Discharge Investigations
Investigation reports.
_5. 1 week from investigation date.
III. Acceptance of Conditions
We have noted that NPDES MS4 Permit requirement tasks related to Municipal Projects and Programs,
Industrial/Commercial Facilities and Illicit Discharge Detection and Elimination were not included in the
RFP. The City, however, may be interested in adding them. As such, we have incorporated a budgetary
allotment into the not -to -exceed estimate for these services. Lastly, we accept all conditions listed in the
RFP document.
P a g e 18
RFP for NPDES Consultant Services June 23, 2021
IV. Costs
A. Rate Schedule
Principal $185 / hour
Director $165 / hour
Program Manager $165 / hour
Staff Engineer $165 / hour
Project Manager $155 / hour
Assistant Project Manager $145 / hour
Project Engineer $145 / hour
Compliance Specialist II $115 / hour
Project Analyst II $115 / hour
Industrial/commercial facility inspection $125 / unit
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 Appearances/Document review, etc. $250 / hour
Subcontracted equipment Cost + 5%
This rate schedule is subject to consumer price index (CPI) increases in subsequent years.
B. Estimate Not -to -Exceed Costs
Tables 8 to 10 list the Not -to -Exceed (NTE) costs for our services. Work will be conducted on a time and
materials basis. If during implementation of our services, changes in our initial scope estimates result in a
potential exceedance of the total cost estimate, we will inform the City. We will not exceed the total cost
estimate without City authorization.
Page 19
Table S. ESTIMATED ANNUAL COSTS FOR SERVICES LISTED IN THE REP (TASKS 1-4
Su skName qtr I y ? b3r\,� t %'', y � & &
l4C J itl tll �katl t'iti j112Zitr
Team•
Rate •
''
*`
H our3/Units
20212022
2022 2023
2023 2024 ; sr
'2024.2025 »
i
2025 2026 t"
C osf„
:Totals ..
Cost. ,
*r,Tofals
,r Cock c "
`iTOtalsr�
rl , ;C o
T otals
Cost
T otals
,}!
RFP Task 1.SUPPORT FOR WATERSHED MANAGEMENT, TMDLS AND GENERAL NPDES/MS 4 PROGRAMS
:$12;560
:$12 ,560
`-:$12;560
$12,938
$13,328
PM
$155
38
H
$5,890
$5,890
$5,890
$6,067
$6 ,250
aPM
$145
38
H
$5,510
$5,510
$5,510
$5,676
$5 ,847
PE
$145
8
H
$1,160
$1,160
$1,160
$1,195
$1 ,231
RFP TASK 2. ASSISTANCE WITH SAFE, CLEAN W ATER PROGRAM -ME ASURE W
.$3,540
;::$3,540
.$3,540
[ $3,647
$3;758
PM
$155
8
H
$1,240
$1,240
$1,240
$1,278
$1 ,317
PA2
$115
20
H
$2,300
$2,300
$2,300
$2,369
$2 ,441
REP TASK 3. NPDES ANNUAL REPORT PREPARATION
::$4;930
I? $4,930
:$4930
i; $5,079
-$5233
PM
$155
14
H
$2,170
$2,170
$2,170
$2,236
$2 ,304
PA2
$115
24
H
$2,760
$2,760
$2,760
$2,843
$2 ,929
RFP TASK 4 CONTROL PRO GRAMS
.$14740
;::$14,740
$14;740
:;$15,185
.$15,644
4.1 Co nducting public outreach to the commu nity
$0
$0
$0
SO
PM
$155
2
H
$310
$310
$310
$320
$330
PA2
$115
8
H
$920
$920
$920
$948
$977
4.2 Co ndu ctin g staff training
$0
$0
$0
$0
PM $155 12 H $1,860
$1,860
$1,860
$1,916
$1 ,974
4.3 Prov iding planning and land development program support
$0
$0
$0
$0
A ssume 4 LID Plan review
PE
$145
24
H
$3,480
$3,480
$3 ,480
$3,585
$3,693
PA2
$115
24
H
$2,760
$2,760
$2,760
$2,843
$2,929
4.4 Prov iding development constructio n program support
$0
$0
$0
$0
A ssume 36 rou tin e, 7 follo w-ups
PM
$155
3
H
$465
$465
$465
$479
$494
CS2
$115
43
H
$4,945
$4,945
$4,945
$5,094
$5 ,247
Total No t to Exceed $35,770
::$35,770
$35,770
$36,849
$37,963
Grand Total for 3 years:
" aPM: A ssistan t Project Manager, CS: Complia nce Specialist, PA: Pro ject An alyst, PE: Project Engineer, PM : Project Manager
** This rate schedule is subject to consume r price index (CPI) incre ases in subsequen t years
*** If extended
$107,310
S. CONTROL PROGRAMS (OPTIONAL)
Table 9. ESTI MATED ANNU AL COSTS FOR SERVICES NOT LISTED IN THE RFP (T ASK 5)
202
023.-2
2025"
Cost
Co
T otals
$24 ,190
'Totals
$24,918
co
Totals
24,190
$24,190
25,668
5.1 Municipal projects and programs (Public Works 0&M)
5.2 Industrial/commercial facilities
PM
aPM
PA2
PM
CS2
CS2
Assume 150 ro utine, 23 follow-u ps
5.3 Illicit discharge inv estigations
A ssume 4 investigatio ns
$155
$145
$115
2
2
4
H
H
H
$310
$290
$460
$155
$115
9
173
H
H
$1,395
519,895
$115
16 H
$1,840
$0
$310
$290
$460
$0
$1,395
$19,895
$0
$1,840
$0
$310
$290
$460
$0
$1,395
$19,895
$0
$1,840
$0
$320
$299
$474
$0
$1,437
$20,492
50
$1,896
$0
$330
$308
$489
$0
$1,481
$21,107
$0
$1,953
Total No t to Exceed
$24,190
24,190
24,190
$24,918
$25,668
Grand T otal f or 3 years
*aPM: Assistant Pro ject Mana ger, CS: Complian ce Specialist, PA: Project A nalyst, PE: Project Engineer, PM: Project Manager
** This rate schedule is subject to consumer price index (CPI) in creases in subseq uent years
***If extended
$72 ,570
TASKS 1-4
Table 10. COMBINED ESTIMATED ANNUAL COSTS FOR SERVICES LISTED IN THE RFP AND SERVICES NOT LISTED IN THE RFP (TASKS 1-5)
2021.2022
2022-2023
2023-2024'.:
2024.2025*
2025-2026*'
Totals
Tot
Totals
Tol
Total
$35,770
$35,770
$35,770
$36,849
$37,963
TASK 5 (OPTIONAL)
$24,190
$24,190
$24,190
$24,918
$25,668
Total Not to Exceed
$59,960
$59,960
$59,960
$61,767
$63,631
Grand Total for 3 years:
*If extended
$179,880
EXHIBIT "B"
INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by Service Provider, its
agents, representatives or employees. Insurance is to be placed with insurers with a
current A.M. Best's rating is an assigned policyholders' Rating of A (or higher) and
Financial Size Category Class VII (or larger).
Only the following "marked" requirements are applicable and Service Provider shall
provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
X Commercial General Liability. Insurance Services Office form Commercial
General Liability coverage (Occurrence Form CG 0001).
X Automobile Liability. Service provider shall maintain automobile insurance at
least as board as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Service Provider arising out of or in
connection with work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles.
X Workers' Compensation. Workers' Compensation Insurance (Statutory Limits)
and Employer's Liability Insurance as required by the Labor Code of State of
California covering all persons providing Services on behalf of the Service
Provider and all risks to such persons under this Agreement.
X Professional (Errors and Omissions) Liability. Professional liability insurance
appropriate to the Service Provider's profession. This coverage may be written
on a "claims made" basis, and must include coverage for contractual liability.
The insurance must be maintained for at least three (3) consecutive years
following the completion of Service Provider's services or the termination of this
Agreement. During this additional three (3) year period, Service Provider shall
annually and upon request of the City submit written evidence of this continuous
coverage.
Service Provider shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement. Any policy
inception date, continuity date, or retroactive date must be before the effective
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date of this agreement and Service Provider agrees to maintain continuous
coverage through a period of no less than three years after completion of the
services required by this agreement.
1. Minimum Limits of Insurance. Service Provider shall maintain limits
of insurance no less than:
(1) Commercial General Liability. $1,000,000 per occurrence,
$2,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability. No less than $1,000,000 combined
single limit for each accident.
(3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $1,000,000 per
occurrence and Employer's Liability Insurance with limits of at least $1,000,000.
(4) Professional Liability. $1,000,000 per claim and in the
aggregate.
B. Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement
shall be endorsed and state the coverage shall not be suspended, voided, cancelled by
the insurer or either Party to this Agreement, reduced in coverage or in limits except
after 30 days' prior written notice by certified mail, return receipt requested, has been
given to City.
2. Commercial General Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers,
officials, and employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities Service Provider performs; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City, and their respective elected and appointed officers, officials, or employees.
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(2) Service Provider's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
(3) Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains
to a given issue and is 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 Vendor maintains higher
limits than the minimums shown above, the Agency requires and shall be entitled to
coverage for the higher limits maintained by the Vendor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the Agency.
(4) Coverage provided by the CONTRACTOR shall be primary
and any insurance or self-insurance or maintained by Agency shall not be required to
contribute to it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of Agency before the
Agency's own insurance or self-insurance shall be called upon to protect is as a named
insured.
(5) Any failure to comply with the reporting or other provisions of
the insurance policies, including breaches of warranties, shall not affect coverage
provided to City, and its respective elected and appointed officers, officials, employees
or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager
otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
against City, and its respective elected and appointed officers, officials, employees and
agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to satisfy
City that the insurance provisions of this contract have been complied with. The City
may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit "C". The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete, certified copies of all required insurance policies,
at any time.
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1. Service Provider shall furnish certificates and endorsements from
each subcontractor identical to those Service Provider provides.
2. Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self -insured retentions as respects City or its respective elected or
appointed officers, officials, employees and volunteers or the Service Provider shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall
not be construed to limit Service Provider's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
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