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04-21-2020 - AGENDA ITEM 05 CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE SERVICES (SPEC. NO. 71-006)AGENDA ITEM NO.5 Xft AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 21, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE SERVICES (SPEC. NO.71-006) RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Authorize the City Manager to negotiate and execute a Professional Services Agreement with John L. Hunter & Associates, Inc., effective July 1, 2020, in an annual amount not to exceed $90,000 for National Pollutant Discharge Elimination System (NPDES) Permit Compliance Services; and 2. Authorize the City Manager to negotiate and execute an extension of the current Professional Services Agreement term with John L. Hunter & Associates, Inc. through June 30, 2020. BACKGROUND: The Water Quality Act of 1987 added Section 402(p) to the federal Clean Water Act. This section requires the United States Environmental Protection Agency (EPA) to regulate the discharge of storm water and urban runoff to the waters of the United States, thus setting forth the National Pollutant Discharge Elimination System (NPDES) Program. The City of West Covina is currently covered by the following NPDES Permits: • Order R4-2012-0175 — NPDES Permit No. CAS004001, Municipal Separate Storm Sewer Systems (MS4) Permit • Order 2014-0057-DWQ — NPDES General Permit No. CAS000001, Discharges of Storm Water Associated with Industrial Activities for City Yard Over the last five years, since August 2015, John L. Hunter & Associates, Inc., has been providing NPDES Permit Compliance Services to the City of West Covina. Although John L. Hunter & Associates, Inc. contract had expired on January 18, 2020, they have continued to provide the required NPDES services on a month -to -month basis. The services required include, but are not be limited to: 1. Assist the City in its ongoing implementation of the primary programs identified in the MS4 Permit, namely: Program Management, Public Information and Participation, Development Planning, Development Construction, Public Agency Activities, Illicit Connection and Illicit Discharges Elimination, and Monitoring and Reporting. 2. Assist the City in its ongoing implementation of the Watershed Management Program and its implementation requirements, including, performing a feasibility and implementation study for joining an established collaborate effort for an Enhanced WMP. 3. Assume a leading role in addressing special technical issues that may include Metals TMDL for San Gabriel River, draft NPDES MS4 Permit, San Gabriel River Monitoring Sites and Special Studies, and monitor NPDES permit litigation issues. 4. Review, develop, update and implement Low Impact Development (LID) requirements and provide technical assistance in the selection of efficient structural post -construction BMPs for new development and redevelopment projects in the City. 5. Provide LID plan checking services and periodic inspection of LID facilities. 6. Assist the City in the development of an electronic tracking system for post -construction BMPs and implementation of an inspection program to verify proper operation and maintenance of structural BMPs. 7. Assist the City in updating and implementing the Storm Water Pollution Prevention Plan (SWPPP) for the City Yard. 8. Assist the City in development and implementation of a comprehensive monitoring and reporting program for planned discharges of the City's groundwater well systems. 9. Assist the City in compiling and preparing annual reports as may be required by the above NPDES Permits. 10. Represent the City in the San Gabriel River Watershed Management Committee, Executive Advisory Committee and Los Angeles Storm Water Quality Partnership meetings. DISCUSSION: On March 3, 2020, staff issued Request for Proposals for National Pollutant Discharge Elimination System Permit Compliance Services. On March 26, 2019, staff received proposals from two consulting firms: Consultant Location CWE lFullerton, CA John L. Hunter & Associates, Inc. Buena Park, CA The proposals were reviewed by staff for completeness, relevant experience, scope of services provided, qualifications of proposed project team, detailed work plan and cost effectiveness. After review, staffdetermined that the proposal from John L. Hunter & Associates, Inc. (JLHA) was the most comprehensive and demonstrated the best understanding of the information and recommendations to be included in the NPDES Permit Compliance Services. JLHA provides similar services to more than 40 municipalities in the Los Angeles, Orange and San Bernardino Counties. Staff is recommending that the City Council approve a professional services agreement with John L. Hunter & Associates, Inc. for an annual not to exceed amount of $90,000 for NPDES Permit Compliance Services. The agreement will be for one (1) year, commencing July 1, 2020, with an option to extend under the same terms and conditions, including an annual not to exceed amount of $90,000, for a maximum of three (3) one (1) year periods, LEGAL REVIEW: The City Attorney's Office has reviewed and approved the proposed agreement as to form. OPTIONS: The City Council has the following options: 1. Approve Staffs recommendation; or 2. Provide alternative direction. Prepared by: Okan Demirci, PE, CIP Manager Fiscal Impact FISCAL EUPACT: There are sufficient funds in the existing budget, Sewer Maintenance Fund (Fund 189 - Account No. 189.61.4189.6130), to pay for the required services through the end of the Fiscal Year 2019-20. The new contract will be budgeted under Measure W (County Stormwater parcel tax) funds and NPDES fees collected by the City. Attachments Attachment No. 1 - PSA with John L. Hunter & Associates, Inc. CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness Protect Public Safety Respond to the Global COVID-19 Pandemic ATTACHMENT NO.1 CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER & ASSOCIATES, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE SERVICES (SPEC. NO. 71-006) THIS AGREEMENT is made and entered into this 1st day of July, 2020 ("Effective Date"), by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and JOHN L. HUNTER & ASSOCIATES, INC., a California corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to provide National Pollutant Discharge Elimination System Permit Compliance Services, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, except that if Consultant is required to but does not yet hold a City business license, it will promptly obtain a business license and will not provide services to the City until it has done so; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. E. WHEREAS, Consultant responded to the City's Request for Proposals dated March 3, 2020, incorporated via this reference as if fully set forth herein, and Consultant's response to the Request for Proposals was a material inducement to the City ultimately entering into this agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound 1 John L. Hunter & Associates, Inc. Form Updated August 2019 professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant to comply with this section. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. John L. Hunter & Associates, Inc. Form Revised April 2020 1.8 Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit 'B," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's annual compensation shall not exceed Ninety Thousand Dollars ($90,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the Scope of Services unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or to the maximum total contract amount of $25,000, whichever is greater. The Department Head or City Manager is authorized to approve a Change Order for such additional services. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3 John L. Hunter & Associates, Inc. Form Revised April 2020 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending on June 30, 2021, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Thereafter, this Agreement may be extended for a maximum of three (3) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement. The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a. Be adjudged a bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; C. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement; e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or John L. Hunter & Associates, Inc. Form Revised April 2020 Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City's written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Consultant, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best's rating of no less than A:VII, and approved by City: (a) Broad -form commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per accident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. By execution of this Agreement, the Consultant certifies as follows John L. Hunter & Associates, Inc. Form Revised April 2020 I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work. The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00) aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retroactivity date shall be prior to the start of the work set forth herein. Consultant shall obtain and maintain said E&O liability insurance during the life of this Agreement and for five (5) years after completion of the work hereunder. If coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement, Consultant shall purchase "extended reporting" coverage for a minimum of five (5) years after completion of the work. If the Consultant maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Consultant's insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the John L. Hunter & Associates, Inc. Form Revised April 2020 insurance provided by this policy (d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Consultant'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. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this John L. Hunter & Associates, Inc. Form Revised April 2020 Agreement. 6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of Cameron McCullough, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City's Representative. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: John L. Hunter & Associates, Inc. City of West Covina 6131 Orangethorpe Ave., Suite 300 1444 West Garvey Ave. South Buena Park, CA 90620 West Covina, CA 91790 Tel: (562) 802-7880 Tel: (626 )939-8425 Email: cmccullough@jlha.net Email: jnderson@westcoivna.org Attn: Cameron McCullough Attn: Jeff Anderson 6.5. Attorneys' Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed John L. Hunter & Associates, Inc. Form Revised April 2020 officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to John L. Hunter & Associates, Inc. Form Revised April 2020 any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents. 6.13. Electronic Safeguards. Consultant shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment. 6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Consultant covenants that none of Consultant's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any 10 John L. Hunter & Associates, Inc. Form Revised April 2020 agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement. 6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.24. Counterparts and Electronic Signatures. This Agreement may be executed in 11 John L. Hunter & Associates, Inc. Form Revised April 2020 one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. 6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 6.26 Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF WEST COVINA, A municipal corporation David Carmany City Manager CONSULTANT Signature Name and Title Signature Name and Title ATTEST: Lisa Sherrick Assistant City Clerk Date: Date: Date: 12 John L. Hunter & Associates, Inc. Form Revised April 2020 APPROVED AS TO FORM: Date: Thomas P. Duarte City Attorney APPROVED AS TO INSURANCE: Date: Helen Tran Human Resources and Risk Management Director 13 John L. Hunter & Associates, Inc. Form Revised April 2020 EXHIBIT A SCOPE OF SERVICES I. Work Description The Water Quality Act of 1987 added Section 402(p) to the federal Clean Water Act. This section required the United States Environmental Protection Agency (USEPA) to regulate the discharge of storm water and urban runoff to the waters of the United States, thus setting forth the National Pollutant Discharge Elimination System (NPDES) Program. The City of West Covina is currently covered by the following NPDES Permits: Order R4-2012-0175 — NPDES Permit No. CAS004001, Municipal Separate Storm Sewer Systems (MS4) Permit Order 2014-0057-DWQ — NPDES General Permit No. CAS000001, Discharges of Storm Water Associated with Industrial Activities for City Yard The Consultant shall provide engineering services to assist the City in complying with the above NPDES permits. The Consultant's services shall include, but not be limited to: 1. Assisting City in its ongoing implementation of the primary programs identified in the MS4 Permit, namely: Program Management, Public Information and Participation, Development Planning, Development Construction, Public Agency Activities, Illicit Connection and Illicit Discharges Elimination, and Monitoring and Reporting. 2. Assisting City in its ongoing implementation of the Watershed Management Program and its implementation requirements. Including, performing a feasibility and implementation study for joining an established collaborate effort for an Enhanced WMP. 3. Assuming a leading role in addressing special technical issues that may include Metals TMDL for San Gabriel River, draft NPDES MS4 Permit, San Gabriel River Monitoring Sites and Special Studies, and monitoring NPDES permit litigation issues. 4. Reviewing, developing, updating and implementing Low Impact Development (LID) requirements and providing technical assistance in the selection of efficient structural post -construction BMPs for new development and redevelopment projects in the City. 5. Provide LID plan Checking Services and periodic inspection of LID facilities. 6. Assisting City in the development of an electronic tracking system for post -construction BMPs and implementation of an inspection program to verify proper operation and maintenance of structural BMPs. 7. Assisting City in updating and implementing the Storm Water Pollution Prevention Plan (SWPPP) for the City Yard. 8. Assisting City in development and implementation of a comprehensive monitoring and reporting program for planned discharges of the City's groundwater well systems. 9. Assisting City in compiling and preparing annual reports as may be required by the above NPDES Permits. 10. Representing City in the San Gabriel River Watershed Management Committee, Executive Advisory Committee and Los Angeles Storm Water Quality Partnership meetings. MS4 PERMIT Task 1 — Program Management 1. Assist in documenting program activities undertaken for the FY 2019-2020 reporting period. Collect program implementation information from City staff in support of the Annual Report. 2. Prepare and submit an electronic copy of the Annual Report to the Los Angeles County Department of Public Works (LACDPW). In addition, provide City with two (2) bound copies and one (1) CD copy of the Annual Report. 3. Coordinate and provide City staff with regular status reports detailing program management and overall program implementation; meetings attended and training conducted in compliance with the Permit. 4. Develop and provide an implementation schedule for accomplishing major compliance milestones associated with the Permit and TMDLs. 5. Coordinate with LACDPW and other Permittees in the San Gabriel River Watershed (SGRW). Attend SGRW Management Committee, Executive Advisory Committee, Los Angeles Storm Water Quality Partnership, and Public Outreach Strategy meetings on behalf of the City. 6. Represent City's interests at meetings pertaining to the development of the new MS4 Permit and other storm water regulations. 7. Represent City's interests at meetings pertaining to the implementation of Metals TMDL for the San Gabriel River and other storm water regulations. 8. Based on the Special Studies and Monitoring Program for the San Gabriel River, provide source reduction strategies to reduce significantly metals in discharges to the San Gabriel River. 9. Represent City's interests at meetings pertaining to the development and implementation of Bacteria TMDL for the San Gabriel River. Task 2 — Watershed Management Program/Coordinated Integrated Monitoring Plan 1. Review, update and assist the City in its ongoing implementation of its Watershed Management Program and Coordinated Integrated Monitoring Plan. 2. Concurrently with item 1, evaluate the feasibility, benefits and implementation requirements of joining an established collaborate effort for an Enhanced Watershed Management Program (EWMP). Task 3 — Public Education P 3. Assist City in coordinating and participating in the County -wide Public Education Program. 4. Provide current and relevant over the permit counter outreach materials (BMPs for Concrete, Restaurants, Painting, Landscaping, etc.). 5. Assist City in developing and updating the City's environmental web page with information regarding new water regulations and outreach articles. Task 4 — Industrial/Commercial Facilities Control Program 1. Conduct inspection of the City's industrial/commercial business inventory (approximately 100 facilities). 2. Perform follow-up inspections of facilities found to be significantly out -of -compliance. 3. Provide status reports (including photographs) documenting number of industrial/commercial facility inspections performed. 4. Train City and/or contract staff on inspection procedures and database management. Task 5 — Development Planning Program 1. Assist with City's implementation of a Development Planning Program. 2. Review, Update, develop and implement Low Impact Development (LID) requirements on new development and redevelopment projects in the City. 3. Provide technical assistance in selection of adequate and efficient post -construction structural BMPs in accordance with LID and Standard Urban Storm Water Mitigation Plan (SUSMP) requirements for new construction projects. 4. Assist City in development of an electronic tracking system for post -construction BMPs and implementation of an inspection program to verify proper operation and maintenance of structural BMPs. 5. Conduct workshops and training of City and/or contract staff involved in the Development Planning Program. Task 6 — Public Agency Activities Program 1. Assist City with implementation of BMPs on capital improvement projects, streets and road maintenance activities, storm drain operations, and landscape and recreation facilities activities. 2. Conduct workshops and training of City and/or contract staff involved in the implementation of the City's Public Agency Activities Program. Task 7 — Illicit Connections/Illicit Discharges (IC/ID) Program 1. Assist City with implementation of an IC/ID Program based on the County -wide model program and Permit requirements. 2. Coordinate with City staff in identifying and documenting appropriate City procedures. 3. Provide oversight of development and annual updating of a listing of illegal discharges and illicit connections to the storm drain system. 4. Develop and update GIS map identifying locations of IC/ID in the City. 5. Conduct workshops and training of City and/or contract staff involved in implementation of the IC/ID Program. GENERAL INDUSTRIAL PERMIT Task 1 —Annual Evaluation 1. Conduct an Annual Comprehensive Site Compliance Evaluation (Annual Evaluation) in accordance with the requirements of Section A.9 of the General Industrial Permit. 2. Review available data and City Yard facility records that are pertinent to the NPDES Program. These may include documentation of BMP implementation, Storm Water and Non -Storm Water Discharge Visual Observations records, Storm Water Discharge Sampling and Analysis records, material spill reports and facility maintenance records. 3. Conduct visual inspection and assessment of potential pollutant sources, BMPs and equipment needed to implement SWPPP. 4. Prepare Annual Evaluation Report for the City Yard for 2019/2020 reporting period. 5. Revise and update SWPPP as necessary to ensure continued compliance with the overall NPDES Program and General Industrial Permit. Task 2 — Annual Report 1. Compile and evaluate all pertinent storm water data developed by the City and its contracted laboratory for the 2019/2020 reporting period as well as information obtained through the Annual Evaluation process. 2. Prepare Annual Report summarizing data collected during the preceding 12-month period, describing progress made, recognizing weak areas and proposing actions for the coming year. The annual report shall be in a format prescribed by the State Water Resources Control Board (SWRCB) and in conformance with all the requirements of the General Industrial Permit. Submit two (2) bound copies and one (1) CD copy of the Annual Report to the City. Task 3 — Review of Private Development Project 1. Review private development plans for compliance with Low Impact Development (LID) requirements in the City. 2. Review private development plans for adequate and efficient post -construction structural BMPs in accordance with LID and Standard Urban Storm Water Mitigation Plan (SUSMP) requirements for new construction projects. EXHIBIT B FEE SCHEDULE Table 16. Estimated Annual Costs for MS4 NPDES Permit Compliance Services ITEM DESCRIPTION FEE MS4 PERMIT Task 1 All labor, services, materials and equipment to complete Program Management as S 20,000.00 described in Section 7 - Scope of Services All labor, services, materials and equipment to complete Watershed Management Task 2 Program/Coordinated Integrated Monitoring Plan as described in Section 7 - Scope of S 9,000.00 Services Task 3 All labor, services, materials and equipment to complete Public Education Program as $ 5,000.00 described in Section 7 -Scope of Services All labor, services, materials and equipment to complete Industrial/Commercial Facilities Task S 25,000.00 Control Program as described in Section 7 - Scope of Services Task 5 All labor, services, materials and equipment to complete Development Planning Program as $ 12,500.00 described in Section 7 - Scope of Services Task 6 All labor, services, materials and equipment to complete Public Agency Activities Program as described in Section 7 - Scope of Services $ 3,000.00 Task 7 All labor, services, materials and equipment to complete IC/ID Program as described in Section 7 - Scope of Services $ 2,000.00 TOTAL FEE - MS4 PERMIT (NOT TO EXCEED) $ 76,500.00 GENERAL INDUSTRIAL PERMIT Task 1 All labor, services, materials and equipment to complete Annual Evaluation as described in $ 500.00 Section 7 - Scope of Services Task All labor, services, materials and equipment to complete Annual Report as described in $ 2 Section 7 - Scope of Service; 500 .00 Task 'NI labor, services, materials and equipment to review private development for compliance $ 3 with LID and Standard Urban Storm Water Mitigation Plan (SUSMP) requirements 12,500.00 TOTAL FEE- GENERAL INDUSTRIAL PERMIT (NOT TO EXCEED) $ 13.500.00 GRAND TOTAL FEE (NOT TO EXCEED) $ 90,D00.00 VI. Fee Proposal A. 2020 Rate Schedule Principal $195 / hour Director $175 / hour Staff Engineer $175 / hour Project Manager $165 / hour Assistant Project Manager 5155 / hour Project Engineer S155 / hour Compliance Specialist II $125 / hour Project Analyst II S125 / hour Industrial/commercial facility inspection $125 / unit Compliance Specialist 1 $115 / hour Project Analyst 1 $115 / hour Administrative Assistant, Laborer (OSHA 4ohr certified) S75 / hour State Certified Laboratory Analysis Cost +5% Legal Consultation, Court Appearances/Document review, etc. $250 / hour Subcontracted equipment Cost +5% Printing fees will be incurred if third party professional printing is requested by the City.