City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council approve an amendment to existing
professional services agreement with John L. Hunter and Associates, Inc.
(JLHA), to extend their contract to September 30, 2007, at an additional amount
not to exceed $49,423 for the purpose of providing continued professional
environmental services to support the City’s Stormwater and Urban Runoff
Program (Program), P-497.
BACKGROUND:
On January 23, 2006, the City Council authorized entering into a professional
services agreement with John L. Hunter and Associates (JLHA), Inc. to provide
environmental services in support of the City’s stormwater pollution prevention
and discharge program for a not-to-exceed amount of $47,653. The scope of
services includes completing mandatory inspections of an estimated 550
businesses and providing Standard Urban Stormwater Mitigation Plan (SUSMP)
and Local Stormwater Pollution Prevention Plan (LSWPPP) review for certain
proposed development projects. The professional services agreement provides
critical support to staff so that the City’s Program can adequately address the
increasingly complex State requirements related to the National Pollution
Discharge Elimination System (NPDES) and Total Maximum Daily Loads (TMDL)
regulations.
JLHA has successfully completed its inspections of 424 business (the remaining
of the estimated 550 businesses were verified either inactive or closed), for a
total of $28,780, ahead of the December 30, 2006 deadline specified in the
Meeting Date: 3/26/07 Item Number: A-10
AGENDA ITEM: Approval of Amendment to Existing Professional Services
Agreement with John L. Hunter and Associates, Inc. to Provide Environmental
Services in Support of the City’s Stormwater and Urban Runoff Program (P-497)
Contact Person/Dept.: Mate Gaspar/PW Phone Number: 310-253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Acton Item: [X] Attachments: [X]
Public Notification:
Master Notification List via email on March 22
nd
.
John L. Hunter and Associates, Inc. was notified via email on March 22
nd
.
Department Approval:
Charles D. Herbertson (03/13/07)
City Attorney Approval:
Carol Schwab (by H. Iker) (03/19/07)
City Controller Approval:
Marlee Chang (3/13/07)
City Manager Approval:
Jerry B. Fulwood (03/21/07) City of Culver City, California
City Council Agenda Item Report
municipal stormwater program NPDES permit. In addition, JLHA has provided
SUSMP reviews for 11 projects and LSWPPP reviews for 15 projects, for a total
of $11,385. JLHA’s plan check fees did not impact the City’s budget as these
fees were recouped from developers. In addition, JLHA has provided NPDES
inspections on an as-needed basis, when time-sensitive complaints were
received from the public and other City departments. Also, at the request of the
City staff, JLHA is working on creating LSWPPP and SUSMP templates for
developers.
The 2001 Stormwater NPDES Permit, which mandates the requirements for
businesses and SUSMP and LSWPPP plan checks, is due for reissuance. Until
the time a new permit is in place, the City must continue to implement the
existing requirements, including the SUSMP and LSWPPP plan checks. The
City has completed the required inspections of critical sector businesses that are
currently required twice within the 5-year permit cycle. Thus, the scope in the
JLHA proposal under consideration only includes inspections specifically
prompted by a complaint or on a need basis, and not the routine inspection of
400+ businesses in the City.
DISCUSSION:
The Associate Engineer/Stormwater Program Manager has taken an extended
leave of absence under the Family Medical Leave Act until May 27, 2007. At this
time, it is uncertain if the Associate Engineer/Stormwater Quality Manager will
request an additional leave of absence or return to work at the conclusion of
current leave of absence. Nevertheless, it is imperative that the management of
the stormwater program continue without interruption.
Culver City is affected by five TMDL’s issued by the Regional Water Quality
Control Board. They are the Ballona Creek bacteria, metals/sediment, and trash
TMDL’s, and Marina del Rey Harbor bacteria and metals/toxics TMDL’s. Given
the adopted timeline for implementation of TMDL requirements and the
accompanying meetings and activities that will determine how the pollutant loads
will be decreased to within acceptable levels, the program support that JLHA will
provide the City is absolutely critical at this time.
Not accounting for the other required NPDES duties, the estimated monthly staff
time involved with attending TMDL meetings and conducting activities to support
those meetings (sharing responsibilities for drafting meeting minutes and various
plans, as well as reviewing and commenting on technical documents and
interagency agreements, etc.) is about 60 hours, or about 1/3 of monthly work City of Culver City, California
City Council Agenda Item Report
hours. This time commitment is expected to increase as the various plans are
implemented.
Other NPDES-related duties of the Associate Engineer/Stormwater Program
Manager include:
? Participating in and/or facilitating mandatory meetings (currently the chair
of Ballona Creek and Santa Monica Bay Watershed Permittee meeting)
and negotiating on behalf of the City regarding the pending municipal
stormwater permit reissuance;
? Preparing and coordinating standard conditions of NPDES requirements
for proposed construction projects;
? Meeting and corresponding with proposed construction project applicant
teams to facilitate SUSMP and LSWPPP plan check submittal, comments,
and approval processes;
? Providing updated Standard Urban Stormwater Mitigation Plan (SUSMP)-
related forms, instruction, and guidelines to developers;
? Conducting stormwater inspections of large construction projects, and
when necessary, conducting enforcement activities;
? Reviewing and approving LSWPPP for large construction projects;
? Overseeing stormwater compliance at the City Transfer Station and
Transportation Facility by coordinating inspections, sampling, and
LSWPPP revisions and reporting;
? Providing NPDES-related review of various Environmental Impact
Reports, proposals, scopes of work, and fielding questions, at the request
of other City departments, to ensure consistency with state and federal
water quality regulations;
? Investigating urban runoff complaints and spill incidents and providing
necessary follow-up actions;
? Providing City staff training on proper sewage spills/overflow response and
ensuring adequate documentation and reporting of sewage spills to
regulating agencies;
? Conducting public education and outreach on urban runoff issues, by
participating in and distributing outreach materials at various
environmental fairs such as Children’s Earth Day at Eco-Station, Ballona
Creek Clean-up, Fiesta La Ballona, and Fire Prevention
? Collaborating with neighboring cities (Beverly Hills, Santa Monica, West
Hollywood) to support projects that would benefit the City’s interests
through the West Basin MWD’s Integrated Regional Water Management
Plan (IRWMP);
? Submitting Annual Reports on behalf of the City to demonstrate the City’s
compliance with both municipal stormwater permit as well as general City of Culver City, California
City Council Agenda Item Report
industrial stormwater permit (for Transfer Station and Transportation
Facility);
? Developing NPDES training material and conducting annual training for
various City departments;
? Participating in the City’s Sustainable Community Plan meetings.
? Securing the execution of the Proposition 50 grant award to City of Culver
in the amount of $1.25 million.
Prior to entering into the contract with JLHA in January 2006, staff contacted
JLHA and three other consulting companies and requested a proposal to provide
environmental services for one-year (January 2006 to January 2007) to support
the City’s Stormwater and Urban Runoff Program. Two companies, JLHA and
Charles Abbott and Associates, Inc. submitted their proposal by the indicated
deadline. Staff reviewed the two proposals and found that JLHA’s proposal was
most responsive and cost-effective. Therefore, on January 23, 2006, staff
recommended that the City enter into a professional services agreement with
JLHA for NPDES program support. This was approved by the City Council.
Staff’s experience with JLHA over the past year has proven satisfactory. The
Public Works Director/City Engineer has worked with JLHA at his previous place
of employment and was very satisfied with their performance. Therefore, staff
recommends extending the contract to September 30, 2007, for an additional
amount not to exceed $49,423, to support the stormwater quality program.
If the Associate Engineer/Stormwater Quality Manager returns after May 27,
2007, the contract activities with JLHA will be reduced.
FISCAL ANALYSIS
There are sufficient I&A funds in the “Stormwater Discharge Program/NPDES”,
Project No. P-497, to cover the additional $49,423 for the professional services
agreement.
ATTACHMENTS:
• JLHA Proposal with Scope of Services.
.
MOTIONS: City of Culver City, California
City Council Agenda Item Report
That the City Council:
1) Approve an amendment to the existing professional services agreement
with John L. Hunter and Associates, Inc. to continue to provide
environmental services in support of the City’s Stormwater Pollution
Prevention and Discharge Program until September 30, 2007, for an
additional not-to-exceed amount of $49,423; and
2) Authorize the City Attorney to prepare the necessary documents and
authorize the City Manager to execute the documents on behalf of the City.
03/26/07
Authorization to Amend an Existing Professional Services
Agreement with John L. Hunter and Associates, Inc. to
Provide Environmental Services in Support of the City's
Stormwater and Urban Runoff Program (P-497)
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages|109| JLHA Proposal with Scope of Services. 1 -40PREPARED FOR:
Mate (Matt) Gaspar,
Engineering Services Manager
City of Culver City
Engineering Division, 2 Floor
9770 Culver boulevard
Culver City, California 90232
irqii,4JAi.
Proposal for
NPD5/5TOKMWATEK PROGRAM
5EKVICE5
March 7, 2007
V
Ji L, Hunter, P.E.
California Registered Environmental Assessor|109| 1 D r-I F 1-1=1NI E el_v ID . 9 Li I 1- - • 5 P. IV -FA Ni cs EI '70
GENERAL ENG/NEERING LICENSE A-582340 • HAZARDOUS SUISSTANCE REMEDIATION LIC 3382Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
TABLE OF CONTENTS
General Scope of Services 1
Program Management 2
Illicit Connections/Discharges 3
Public Agency 5
Public Outreach 6
TMDLs 8
Development Planning & Construction 10
Miscellaneous or Emergency Activities 13
Required Information 14
California Corporation 14
Project Contact 14
Staff Levels 14
Insurance 15
Stormwater Program Assistance Team 16
Government Agencies 17
References 18
Overall Stormwater Assistance Approach 19
Fee Proposal 20
FOG Program Component 24
Exhibit A: Program Flowchart 26
Exhibit B: Resumes 27
John L. Hunter 28
Anne Chang 29
Melissa B. Pacal 30
Kaden S. Young 31
Cameron McCullough 32
Exhibit C: Standard Rate Chart 33
Exhibit D: Insurance Certificates 35
Exhibit E: Standard Terms and Conditions 36
2.Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007 C,1,4,CreV3. th/ a.
GENERAL SCO E OF SERVICES
The general scope of services provided under this proposal will consist of
environmental consulting services for Storrnwater NPDES related issues in general
conformance with the:
Los Angeles Countywide Municipal NPDES Stormwater Permit CAS004001
City of Culver City's Municipal Code Sections 5.05.035 and 040
itHA uses an integrated approach to NPDFS services. For the purposes of this scope of
work, inspections, plan reviews, and other NPDES services such as illegal discharge
investigations when requested, are handled as an integrated system. For example,
when plans are reviewed and approved with post-construction BMPs, these sites are
automatically added to the inspection database. This approach is both more cost-
effective and results in the City's better overall environmental performance.
As requested, this proposal covers a 7-month period from March 1, 2007 until
September 30, 2007 with an estimate for extended services through June 30, 2008. The
scope of services includes:
A. Program Management
B. Illicit Connections/Discharges
C. Public Agency
D. Public Outreach
E. TMDLs
F. Development Planning and Construction
G. Miscellaneous or emergency activitiesProposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007|1010|P RD G RA M MANAGEMENT
John L. Hunter & Associates will continue to assist the City in the development of
guidelines and procedures to be used to implement various municipal stormwater
BMPs. Program management and oversight activities will include:
a. Provide staff to attend and report on the actions of the various Stormwater
related committees and meetings, including the Santa Monica Bay/Ballona Creek
Watershed Management Committee, the various TMDL Sub-Committees, the
Executive Advisory Committee and other subcommittees. Provide a newsletter,
which summarizes pertinent meetings, regulatory actions and deadlines.
Keep the City informed of the development of the NPDES permit, the
Management Plan, and TMDL related issues. Including but not limited to fiscal
implication of related activities. Review proposed TMDL studies, documents,
plans and interagency agreements, as well as, changes and modification to the
model programs, which would affect future implementation plans.
Attend quarterly 13allona Creek Watershed meetings;
Attend quarterly Public Education/Outreach meeting;
Quarterly newsletters, regular monthly meeting with City Staff and overall
project management. Review proposed 'TMDL studies, documents, plans and
interagency agreements.
b. Prepare the Annual report requested by the County for eventual submittal to the
State Regional Water Board by October of each year. The report will include
information pertinent to the Annual Implementation of the Best Management
Practices by the City.
c. Conduct an annual review of the City's Stormwater Quality Management Plan
(SQMP). Update records of City conformance to MS4 permit
d. Research consultants for establishing a stormwater utility.
e_ Review and comment on the next MS4 permit, which is expected to be released
in early 2008.Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
ICIT GONNECTIONSMISCHAR ES
The ICID Program is an essential part of the overall Storn-iwater Program, effectively
combining some functions from the Public Agency, Development, and Public Education
functions. An ICID Program takes information collected from a variety of sources and
uses that information to investigate potential illicit connections and illicit discharges
throughout the City. The proposed IUD Program will consist of the following:
a. Inspectors will be available to perform ICID investigations and required follow-
up inspections in response to citizen or City complaints, or observations of
violations of the City Stormwater Ordinance and Municipal Permit. Each
investigation will vary based on the complexity of the situation encountered;
therefore, this service will be provided on a time and materials basis per the
attached rate schedule.
Any stormwater related illicit discharges or illicit connection investigations that
are conducted by City staff must be reported to JLHA for inclusion in the annual
report. Significant incidents must be reported to the Regional Board.
b. JLHA staff will assist the City in preparation of formal enforcement action, if
needed, for dischargers failing to correct significant violations. This service will
be provided on a time and materials basis per the attached rate schedule.
c. Training in the elements of ICID Program will be provided to appropriate City
personnel during the Public Agency training sessions.
d. Conduct follow-up inspections with violations found under the Industrial and
Commercial inspection and Site Visit Program as necessary.
e. Meet with City Attorney's office to give enforcement authority to NPDES section
of the City's ordinance.
The cost will be entirely dependent upon the number of complaints received.Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
• ILLICIT CONNECTIONS/DISCHARGES
DELIVERABLES
For each complaint investigated, a hardcopy and an electronic file of the completed
inspection reports (including photos documenting facility conditions and violations,
and if relevant, maps) as well as inspection data, in the form of Excel or Access (to
facilitate tracking and querying) (to be provided concurrent with or prior to
corresponding monthly invoice). The title of the electronic inspection report file will
include the address of the project and the date of the inspection.
A hardcopy and an electronic file of the Notice of Violation(s) issued to facilities for
minor corrections and education materials enclosed along with Notices (to be issued
within 14 days of inspections and to be provided to the City at the same time). The title
of the electronic file will include the address of the project and date of the Notice of
Violation issuance.
An electronic copy of the draft Notice of Violation(s) (including facility photos) for each
complaint(s) investigated, to be provided to the City within 2 days of the inspection.
4Proposal for NPDES/Stormwa ter Program Services
City of Culver City
March 7, 2007
PUBLIC AGEN CY
The Public Agency portion of the Stormwater Program essentially consists of 10 sub-
programs that cover specific activities that may be conducted by a City. JLHA shall
perform the following activities:
a. As part of the annual, SQMP review, a survey will be made of individual City
public agency related departments regarding the conformance of the tasks as
outlined in the MS4 permit. These areas will include:
• Sewage System Operations,
• Public Construction Activities,
• Vehicle Maintenance/Materials Facilities Management,
• Landscape and Recreational Facilities Management,
• Storm Drain Operation and Management,
• Streets and Roads Maintenance,
• Parking Facilities Management,
• Public Industrial Activities,
• Emergency Procedures
b. Two (2) employee training sessions for appropriate Public Works personnel will
be held.
c. JLHA staff will assist the City in developing methods to upgrade program-
operating procedures based upon the findings of annual reviews. On a time and
material basis, budgetary estimate for anticipated upgrades.
d. JLHA will prepare the annual GIASP Report. Supply training if necessary, to
City crews for 2 year sampling. JLHA understands the City staff is already and
will continue to collect samples and conduct routine inspection. JLHA's
responsibility will be to coordinate and prepare the annual report. JLHA will
conduct the once per year annual GIASP inspection.|1010|5Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
FI LJ 1_10 CI UT EACH
Educating the public about stormwater pollution and prevention methods is vital to the
success of the overall program and to the reduction of pollution in general. These
activities, where appropriate, will be tailored to the specific requirements mandated
under the Marina del Ray Bacteria and future TMDLs.
a. The Point-of-Purchase Outreach program which partners with local businesses
within the City, whose clientele have a higher likelihood through their day to
day activities (such as do-it-yourselfers auto repair of contributing to stormwater
pollution. (Visits to approximately 25-30 existing business partners to restock
pamphlets and offer educational support.)
b. Participating in community events to education residents and student about
stormwater pollution prevention. Potential venues include: Ballona Creek Clean
Up, La Fiesta Ballona, Car Show and Earth Day).
c. Creating a program that reaches out to restaurant owners and their employees
about the effects patio and sidewalk washing can have on stormwater pollution.
d. Creating a program for pet owners regarding the importance of picking up pet
waste. This information is disseminated through veterinarians, animal clinics
and hospitals, community events, etc.
e. Developing the annual Stormwater Pollution Prevent Calendar (for 2008).
f. Library bookmarks. This popular program provides stormwater and
environmental themed bookmarks to libraries. This year's bookmarks will be
redesigned to include current NPDES and environmental concerns.
6Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
Esncu4-revAk
PUBLIC OUTREACH (coNT.)
g. Issuing two press releases to local papers on stormwater pollution topics and
addressing the pollutants specified in the permit for TMDLs including but not
limited to: pesticides, metals, trash, and bacteria.
And authoring two articles for City newsletters highlighting what residents can
do to prevent Sanitary Sewer Overflows (SS0s).
h. Provide assistance to the City to complete and enhance the NPDES portion of the
City's webpage.
The Public Outreach Model Program, which specifies tasks and responsibilities of the
City, has never been prepared by the County. Therefore, a budgetary allowance has
been made for an outreach effort to satisfy permit provisions. Specific tasks will be
made in consultation with the City staff.
7Proposal for I\TPDES/Stormwater Program Services
City of Culver City
March 7, 2007
TMDLs
The City is currently affected by five TMDLs issued by the Regional Board:
1. Ballona Creek Bacteria
2. Ballona Creek Metals/Sediment
3. Ballona Creek Trash
4. Marina del Ray Harbor Bacteria
5. Marina del Ray Harbor Metals/Toxics
These TMDLs are in various stages of development of implementation. In addition,
activities regarding future TMDLs may come up from time-to-time depending upon the
Regional Board's internal schedule.
Services included under the scope of this proposal include:
• Ballorta Creek: Bacteria TMDL meetings:
Prepare comments for the TMDL drafts when released (anticipated
March/April 2007) and associated Special Studies. Review the City of Los
Angeles' (as lead agency) Bacterial TMDL Monitoring MOA. Review and
keep the City informed regarding sampling results and status of the
Ballona Creek Bacteria TMDL.
• BaIlona Creek: Metals/Sediment meetings:
Attend regular meetings of this TiVIDLs committee as well as review the
Regional Board's response to the recently submitted Comprehensive
Monitoring Plan for Ballona Creek Metals/Toxics and other pertinent
documents as they are developed.
• Ballona Creek Trash TMDL:
The first compliance date of the Ballona Creek Trash TMDL was
September 2006. ILHA will work with the City to develop a compliance
strategy. It is suggested that a meeting with "smaller" cities such as
Beverly Hills and West Hollywood be convened to discuss a common
compliance strategy. (Any field activities will be additional, once the
scope of work of these specific activities is agreed upon).
8hn Lilunter
Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
• Marina del Rey Harbor: Bacteria TMDL meetings:
Attend the once per month meeting of the Marina del Rey Bacteria
Committee. Work with the City and other stakeholders to resolve
• Marina del Rey Harbor: Metals/Toxics TMDL meetings
Attend the twice a month meeting of the Marina del Rey Metals and
Toxics Committee until the Comprehensive Monitoring Plan is submitted
to the Regional Board in April 2007. Thereafter, meeting attendance is
expected to be once per month.
And assist the City with other TMDL issues as they come up, such as meeting for new
TMDLs, preparing reports to Council (i.e. directions of cost sharing, etc.).
JLHA will scan hard copies of applicable documents handed out during the meetings
and combine those documents with any digital documents that were forwarded to
jLHA. The two sets will be combined and sent to the City. Such documents may
include agendas, minutes, pamphlets, sign-in sheets, etc. Afterwards, a short summary
will be written or a short verbal conversation at the City's discretion.
II
9Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
DEVELOPM NIT PLANNING & CONSTRUCTION
The Development Planning and Construction provisions of the NPDES permit require
that contractors and developers/property owners take specific steps to reduce
stormwater pollution from new and significant redevelopment projects. Contractors
with projects over one acre will need to prepare a Local Storm Water Pollution
Prevention Plan. Developers and property owners of Priority Planning Projects will be
required to prepare Standard or Site Specific Urban Stormwater Mitigation Plans.
JLHA proposes to conduct plan reviews of SUSMP and SWPPP submittal for new
development sites to determine if proposed locations and size of treatment systems
(berms, sandbags, sediment traps, filters, vegetative swales, etc.) are adequate to meet
permit requirements and the goals of the City stormwater quality program. As part of
the plan review process, these plans must be approved prior to permit issuance.
Included in plan checks are size comparisons of the proposed treatment systems to the
land surface and potential rainfall, to ensure that the systems would have sufficient
capacity to adequately remove pollutants from stormwater runoff. Plan checks for
SUSMP/SWPPPs take approximately one week for the review/approval process.
JLHA will work closely with City staff to ensure that all requirements of the NPDES
permit have been met prior to the approval process. JLHA will keep the City informed
on any new issues that may conflict with the current review process (Regional Board's
requirements, new BMPs, etc.)
The cost to provide SUSMP and SWPPP services is dependent upon the number of
plans that are actually submitted for review during the term of this contract. The
number of plans and type reported from the final phase of the current permit will be
used as the basis for this proposal. Plans reviewed during the previous year included:
One (1) new development of 10 or more unit homes, four (4) new industrial or
commercial developments with 1 acre or more of impervious surface, six (6) parking
lots, four (4) exempt projects (LSWPPP only), and three (3) to be determined projects.
IL
10Proposal for NPDES/Stomiwater Program Services
City of Culver City
March 7, 2007
DEVELOPMENT PLANNING & CONSTRUCTION
It is JLHNs understanding the annual refresher training as already been conducted for
FY206-07. Therefore JLHA will include this training for the Planning/Building/Public
Works Engineering staff for FY 2007-08
JLHA staff will review Local Stormwater Pollution Prevention Plans and Standard
Urban Stormwater Mitigation Plans. Review of these plans will be consistent with
JLHA's current interpretation of:
1) The LSWPPP, SWPPP and SUSMP programs within the NPDES Permit
2) The countywide SUSMP guideline and City guidelines.
3) Conversations with Regional Board staff on pertinent specific or general issues
4) Conditions specifically required by the City and the City Municipal Code.
This does not include a review of what are commonly referred to as grading or erosion control
plans, as these are not within the scope of the NPDES Permit.
JLHA staff can pick-up and drop off plans at the city's offices as plans are submitted by
applicants; however, with the reduction in the inspection program, JLHA inspectors
may not be in the City Hall vicinity on a regular basis and plans will more likely need to
be sent via overnight courier [at applicants' expense].
JLHA will maintain an in-house database of construction projects.
JLHA will:
• Maintain organized records,
• When notified by the City that a grading/building permit has been issued,
conduct verification inspections of SUSMP and LSWPPP sites for BMP
implementation:
o LSWPPP: only once, within 30 days of the start of construction.
o SUSMP: only once, at the time of final building inspection, prior to
issuance of Certificate of Occupancy.
• Provide information appropriate to the annual reporting requirements,
• Provide quarterly reports,
• Provide City staff with electronic records, and
• Work closely with the City's Stormwater Program Manager.
13
11Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
A. An electronic monthly list (Excel or Access file) of on-going and approved SUSMP
and LSWPPP plan checks (by address and project title) with approved dates
accompanied by a listing of treatment BMPs that were approved during the
reporting period will be sent to the City's Stormwater Program Manager.
B. Within a day of receiving a new or revised LSWPPP or SUSMP, an email notification
to the City, which includes the address of project, type of plans received (LSWPPP
or SUSMP or both), and date of receipt. This will help keep the City abreast of the
(re)submittal status when plans are routed directly to JLHA.
C. A hardcopy of LSWPPP and SUSMP review comments to developers (through City)
within 2 weeks of receiving the LSWPPP and SUSMP (re-)submittal. The City's
Stormwater Program Manger will be notified, within the 1 st week of SUSMP or
LSWPPP receipt by JLHA, about special project(s) that requires a review period
longer than 2 weeks. Electronic copies of these comments will be submitted to the
City concurrent with the corresponding monthly invoice. The electronic comments
will have the address of the project and the date of the comments in the title.
D. A hardcopy and an electronic file (PDF and either Excel or Access file, to facilitate
tracking and querying) of the completed LSWPPP and/or SUSMP inspection report
associated with each plan check, including photos documenting facility BMPs and
violations (to be provided concurrent with corresponding monthly invoice).
E. For annual reporting purposes, an electronic summary, by July 20 th, 2007 (covering
inspections from July 1 st, 2006 to June 30'h, 2007). This summary will list such things
as:
• Types of violations found,
• Types of follow-up enforcement conducted,
• Types of businesses,
• Types of BMPs,
• And any other information that the City may request.
12Proposal for NPOES/Stormwater Program Services
City of Culver City
March 7, 2007
MISCELLANEOUS OR EMERGENCY ACTIVITIES
At any time, the City may request the services of JLHA to assist in miscellaneous work
or during an emergency situation. Such activities will be on a time and material basis
following the included rate schedule.
13uniter
Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
REE;111 RED NFORMATION
California Corporation
John L. Hunter & Associates, Inc. is a California registered corporation established in
1985. John Hunter is the Owner and President who oversees the firm.
Project Contact
John L. Hunter
President
John L. Hunter & Associates, Inc.
13310 Firestone Boulevard, Suite A-2
Santa Fe Springs, California 90670
(562) 802-7880 x25
jhunter@jlha.net
Kaden S. Young
Associate Engineer
(562) 802-7880 x31
kyoung@ilhamet
Staff Levels
JLHA Staffing levels have ranged between 10 and 12 over the past 5 years and
currently at eight (3 engineering services, 4 fields and 1 outreach). JLHA conducts
approximately 400 SUSMP/SWPPP plan reviews and 5,000 site inspections each year
(restaurants, auto service, commercial, and industrial sites).
IL'
14Proposal for NPDES/Storrnwater Program Services
City of Culver City
March 7, 2007
REQUIRED INFORMATION
Insurance
JLHA meets the coverage limits as specified by the RFP:
• Automobile Liability, including owned, non-owned, and hired vehicles, with
at least the following limits:
a. Primary Bodily Injury with limits of at least $500,000 per person,
$500,000 per occurrence; and,
b. Primary Property Damage of at least $100,000 per occurrence; or,
c. Combined single limits of $500,000 per occurrence.
General Liability including coverage for premises, products and completed
operations, independent contractors/vendors, personal injury and contractual
obligations with combined single limits of coverage of at least $1,000,000 per
occurrence.
• Errors and Omissions coverage with limits of at least $1,000,000 per
occurrence.
• Workers' Compensation insurance as required by the Labor Code of the State
of California.
Copies of Insurance Certificates are attached as Exhibit D.
11
15RE UI ED
Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
INFORMATION
Stormwater Program Assistance Team
Project members will be:
Teani Member Duties Experience
John Hunter
President
• • Project lead
• Lead SUSMP/LSWPPP
reviewer
25 years experience, worked with over 30
cities in implementing NPDES programs
Melissa Pacal
Engineer
3 years
• Supplemental plan
reviews
Has reviewed over 600 plans for SUSMP and
SWPPP requirements.
Kaden YOUn
En gineer g
2 years
• • Culver City's primary
contact
• Interim Stormwater
Program Manager
Has reviewed over 400 plans for SUSMP,
LSWPPP, and SWPPP requirements. Versatile
in all departments. Attends all TMDL and
watershed meetings.
Cameron McCullough
Inspector II
• Su ppl emental
inspections
Conducted over 2,000 inspections. Currently
lead inspector for West Hollywood and
Monrovia. Has written municipal facility
inspected
many of these facilities.
Anne Chang
Public Outreach
Manager
8 years
• Inspection support
• Prepare inspection
outreach materials
where appropriate
8 years experience in outreach. Inspection -
support in cites with large Chinese speaking
communities (Temple City Arcadia and
Monterey Park, etc.).
Bilingual- Mandarin
Bilingual — Spanish speaking inspectors
available if needed.
*Resumes attached as Exhibit B
JLHA administers
the NPDES Program in-house and does not subcontract for
NPDES Services.
16Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
REQUIRED INFORMATION
Government Agencies
John L. Hunter and Associates, (JLHA) has considerable experience in NPDES
Stormwater programs for municipal agencies and has had continuing contracts with
clients for the administration of environmental programs since 1985. JLHA is
currently implementing all facets of the MS4 program, essentially acting as a Co-
permittee, for 20 cities in a tri-county area with populations ranging from 5,000 to
140,000. Land uses in these areas vary from highly industrialized to commercial,
residential and semi-rural. JLHA has regularly interfaced the California Regional
Water Quality Control Board, Los Angeles Region (LARWQCB).
17Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
REQUIRED INFORMATION
References
Municipal
Client
Client Since Contact Position
City of
Rancho Palos
Verdes
Continuous
since 1994
Dean Allison, RE.
Director of Public Works
510-724-9010
October 2005,
became Director
of Public Works,
City of Pinole
City of
West Hollywood
Continuous
since 1994
Jan Harmon
8300 Santa Monica Blvd.
West Hollywood, CA
90069
323-848-6499
Environmental
Programs Analyst
City of
Arcadia
Continuous
since 1995
Susarmah Turney
11800 Goldring Rd.
Arcadia, CA 91006
626-256-6551
Environmental
Services Officer
City of
Signal Hill
Continuous
since 1985
Charlie Honeycutt
2175 Cherry Ave.
Signal Hill, CA 90775
562-989-7356
Director of Public
Works
City of
South Gate
Continuous
since 1991
Robert Dickey
8650 California Ave.
South Gate, CA 90280
323-357-9657
Director of Public
Works
Other Current Municipal clients include:
• Baldwin Park • Lynwood • San Fernando
• Big Bear Lake • Monrovia • Seal Beach
• Cypress • Monterey Park • Sierra Madre
•
Hawthorne • Pasadena • South El Monte
• Hermosa Beach • Pico Rivera • South Pasadena
(Used Oil Program) • Temple City
18Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
REQUIRED INFORMATION
Overall Stormwater Assistance Approach
jLHA's overall approach is to provide a compliance-based and integrated full-
service program for the City in the areas identified in the Request For Proposal. The
attached chart (Exhibit A) summarizes graphically how these services will be
implemented. Inspections will essentially be handled in-house with regular
communication with the City. The City will be notified in a timely manner of any
facilities, which require the City's attention for follow-up or enforcement action (i.e.
illegal discharges observed). ILHA will also conduct any inspection/investigation
upon City's request.
JLHA will provide a brief training session to familiarize City staff with the SUSMP
and SWPPP review process. JLHA will pick-up plans at the City, review the plan
and return them approximately one week later. JLHA and the City have developed
a unique procedure to communicate with the client and will continue to improve the
plan review process. JLHA's training module includes education for building
inspectors so they are able to appropriately enforce construction BMPs. jLHA will
of course be available to inspect these sites if requested to do so.
ARA will be flexible in working with specific needs and requests of the City.
2.|1010|19ohn L. hunter
".
Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
REQU RED INFORMATION
Fee Proposal
Rates are per unit, not hourly under this proposal; therefore, hourly rates for staff
are not included. Per City request, two service timelines are included.
20Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
Task
Through
September 30,
2007
October 1-
June 30,
2008
Program Management:
• Ballona Creek Watershed Meetings
• Public Education/Outreach Meetings
• Monthly meeting with City Staff, quarterly
newsletter, and overall project management
• Annual report
• Stormwater Quality Management Plan
• Stormwater Utility Assistance
• Review and comment on next MS4 permit
6 hrs @ $85/hr
$510.00
6 hrs @ $85/hr
$510.00
77 hrs @ $85/hr
$6,545.00
10 hrs @$85/hr+
20 hrs @ $65/hr
$2,150.00
18 hrs @$85/hr+
10 hrs a $65/hr
$2,180.00
20 hrs @ $85/hr
$1,700.00
NTP
6 hrs @ $85/hr
$510.00
6 hrs @ 85/hr
$510.00
99 hrs @ $85/hr
$8,415.00
(None This Period)
12 hrs @ $85/hr
$1,020.00
NTP
9 hrs @ $85/hr
$765.00
Illicit Connections/Discharges
35 hrs @ $65/hr
$2,275.00
45 hrs @ $65/hr
$2,925.00
23
21Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
SE-6,
Task
Through
September 30,
October 1-
June 30,
2007 2008
Public Outreach (Outreach Management)': $1,190.00 $1,250.00
POP Program $800.00 $1,200.00
Community Events (2) $2,000.00 $2,000.00
Restaurant Focus NTP $2,800.00
Pet Owners (when combined with POP) $400.00 $400.00
Library Book Marks NTP $800.00
2008 Calendars (500 copies) NTP $1,250.00
Press release and newspaper articles $1,200.00 $1,200.00
Web-assistance $1,600.00 NTP
TMDLs:
• Ballona Creek: Bacteria TMDL 30 hrs 36 hrs
• Ballona Creek: Metals/Sediment TMDL 24 hrs 36 hrs
• Ballona Creek: Trash TMDL 48 hrs 36 hrs
• Marina del Rey Harbor: Bacteria TMDL 24 hrs 36 hrs
• Marina del Rey Harbor: Metals/Toxics 30 hrs 36 hrs
TMDL
156 his @ $85/hr 180 his @ $85/hr
TMDL totals $13,260.00 $15,300.00
14
22Proposal for NIPDES/Stormwater Program Services
City of Culver City
March 7, 2007
Task
Through
September 30,
2007
October 1-
June 30,
2008
Development Planning and Construction
Annual Training for Planning/building/Public NTP $750.00
Works Engineering staffs (1 session)
Program development and assistance: new and 30 hrs @ $85/hr 28hrs @ $85/hr
revised forms, web-based forms, etc $2,550.00 $2,380.00
Review SUSMP and LSWPPPs FLAT FEE FLAT FEE
For budget estimates*:
• 1 - 10+ units of development $534.00 $687.00
• 4— industrial/commercial over 1 acre $1,995.00 $2,565.00
• 6— parking lots $1,462.00 $1,880.00
• 18— LSVVPPP $6,562.00 $8,436.00
* Based off of the number and types of SIJSMP and LSWPPP
reviews reported by ILHA in the 2005-2006 contract period.
Increase in estimate is calculated to have flexibility to
accommodate potential increase in SUSMP triggering projects
and any new requirements from any governing agencies.
Estimated Subtotals to City; Not to exceed
(without prior approval by City)
$49,423.00 $57,043.00
1 Estimates only, costs will be dependent upon City direction.
2 5
23"1.4 r21 .1%.==.0 LA:T= .lsàC.
Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
REQUIRED INFORMATION
FOG Program Component
JLHA provides FOG inspection programs to five Los Angeles county cities. These services
can be included with the NPDES Stormwater programs, which can significantly lower the
combined cost of both programs. A cost estimate is outside the scope of this proposal, but can
be readily provided upon request.
24Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
REQUIRED NFORMATICIN
The NPDES process is an evolving process, and due to the uncertainties inherent with a
program of this nature, such as the number of plans that will be submitted for review,
and the number of sites requiring enforcement that will be found, this program will be
on a time and materials basis, with the cost not to exceed the above amount without
prior City authorization.
Compliance with the NPDES Program requires active City participation and thorough
implementation of Best Management Practices. This proposal is subject to the attached
terms and conditions.
• Any additional services requested by the City will be on a time and materials basis,
based on the written scope of work, with the total cost not to exceed the estimated
amount without prior City approval. The Standard Rate Schedule can be found in
Exhibit C.
21
2526
Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
29
27Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
joirm, L. f-tuvuter
Frincipal
EDUCATION
Bachelor of Science - Chemical Engineering
California State University, Long Beach
Bachelor of Science - Biological Sciences
University of California, Irvine
CERTIFICATIONS AND LICENSES
California Registered Professional Chemical Engineer CH 4724
California Registered Environmental Assessor REA-0900
California General Engineering Contractor License A-582340
California Hazardous Substance Removal and Remedial Action Certificate A3382
EXPERIENCE
John L. Hunter has been professionally involved in the environmental field since 1974. He has
experience in administering regulatory/enforcement programs for municipalities and local
governments (including Public Works, Fire Departments and Redevelopment Agencies).
Mr. Hunter's accomplishments include:
• Project manager for $1.3 million study comparing outlet BMPs (on-going).
• Conducted Regional Board ordered receiving water bacterial investigation.
• Participation on Technical Advisory committing in development of Santa Monica Bay Beaches'
Bacterial TMDL Monitoring Plan (approved by Regional Board in 2004).
• Presentation of Structural BMPs County of Orange Public Works Department.
Mr. Hunter currently oversees a 20 city NPDES program encompassing: site inspections, stormwater
management plan reviews, construction inspections, public agency activities, illegal discharge
investigations and public outreach.
Los Angeles County Stormwater Executive Advisory Committee Current
Chair, Los Angeles River Watershed Management Committee 2000-2001
Chair Dominguez Channel Bacterial TMDL Subcommittee 2001-2002
Chair Santa Monica Bay Bacterial TMDL Subcommittee — Jurisdiction Group 7 Current
Member Trash TMDL Subcommittee Current
28Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
•
,A vs, ne cAri 1/1,g
Public Outreach Coordinator
EDUCATION
Master of Arts - Major — Communications
Emphasis - Public Relations
California State University, Fullerton
EXPERIENCE
Ms. Chang has 8 years experience in public outreach aspect of the municipal environmental
programs. She has planned, developed, facilitated and implemented activities and campaigns based
on the guidelines of the Model Program. However, individual city's needs and differences are also
taken into consideration in an effort to develop specific outreach programs effective to the city.
With various campaigns and outreach materials, she has not only successfully raised the awareness,
but also gradually constructed pollution prevention practices and behavior among residents,
businesses and school children.
Ms. Chang has successfully kept all contract cities in compliance with the public outreach aspect of
the LA County NPDES Model Program. Activities and campaigns she has developed and administered
include, but are not limited to:
> Restaurant Sidewalk Washing Campaign
> Pet Waste Campaign
> Point-of-Purchase (POP) Campaign
> School Outreach
> Service Club Presentations
In addition to the NPDES program, Ms. Chang is also responsible for the State Used Oil and Beverage
Container Recycling Programs for municipalities. She has successfully developed and implemented
Recycling Tips Contest and presented award and information sessions at city council meetings for
contract cities. With her academic skills and work experience, Ms. Chang is responsible for the
development of several research analysis vehicles being implemented in both the NPDES Stormwater and
Used Oil Recycling Programs.
29Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
ohn
44-7.4 .A.MS-171
MeLi,ssci
Associate Engineer
EDUCATION
Bachelor of Science -
Major — Chemical Engineering
Minor — Biomedical Engineering
University of California, Irvine
CERTIFICATIONS AND LICENSES
California Registered Engineer-In-Training
EIT 124832
40 Hour HAZWOPER pursuant to Title 29 of CFR section 1910.120
EXPERIENCE
Ms Pacal has three years experience helping municipal clients with JLHA. Her major tasks and
projects are included as follows:
Lead project coordinator for the Hamilton Bowl project. This multi million-dollar project is
partially funded by a state grant for a period of two years to study the efficiency of
stornnwater treatment systems. Prepares project budgets, invoices, land-use developments,
building permits, etc.
• Obtain and process environmental permit for trash transfer station.
• Prepare stormwater pollution prevention plan (SWPPP — including inspections, preparation of
site maps, and implementation of BMPs) for municipal parking lots, police station, city yard
and transfer stations.
• Lead plan reviewer for the City of Pasadena and Arcadia (approximately 25 plans per month).
• Designed proposed RDS system for City of South Gate Salt Lake Transfer Station.
• NPDES project reviewer for proposed Long Point Resort in Rancho Palos Verdes, a $300
million-dollar project.
• NPDES project reviewer for Trump National Golf Club and estates at Trump National Golf
Club in Rancho Palos Verdes.
32.
30Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
Kst ,s. yowiLg
Aseociate Ergineer
EDUCATION
Bachelor of Science - Major — Mechanical Engineering
Area of Study — Psychology & Humanity
University of California, San Diego
EXPERIENCE
Mr. Young is skilled in many departments with 3LHA. His primary duty is with the Engineering
department, handling all NPDES issues. He is also skilled in many computer application and
programs. He assists the field staff with inspections and public outreach with their outreach
materials.
Mr. Young is JLHA's representative for the City of Culver City. He is responsible for all departments
and will be the contact person whom the City's Stormwater Program Manager may contact for any
issue. His major tasks and projects include:
• NPDES related issues: Plan reviews, following new regulations, researching new BMPs,
attending beneficial meetings, and much more.
• Coordinating, reviewing, and routing NPDES plans and reports with the City of Culver City.
This includes all the LSWPPP and SUSMP for City of Culver City in 2005-2006
? Currently developing a SUSMP template for the City of Culver City. A LSWPPP template is
also under development.
• Performing stormwater and industrial waste inspections for all municipalities.
• Lead designer of JLHA's new website and assistant to many outreach materials.
33Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
EDUCATION
Bachelor of Science - Physics
California State University, Long Beach
EXPERIENCE
Mr. McCullough has completed over 2,000 NPDES inspections. These inspections have included
GIASP and GCASP sites as well as municipal facilities such as city yards and trash transfer stations.
His inspections have covered a diverse combination of cities including West Hollywood, Big Bear
Lake, Signal Hill and Monrovia. All inspections were completed, or are on schedule for completion,
well before permit deadlines.
In addition to inspections, Mr. McCullough works as Project Manager for several clients, specializing
in Phase 1 and Phase 2 reports and the associated research and sampling. Mr. McCullough
coordinates all aspects of these projects, including historical research, report writing, drilling
schedule, sampling and requesting State reimbursement.
Some representative projects managed by Mr. McCullough include:
D Analysis and preparation of reports for the Santa Monica Bay Beaches Bacterial TMDL for
Jurisdiction 7. This requires review of weekly sampling results from monitoring stations
located throughout the jurisdiction and determining which, if any, locations are exceeding the
TMDLs limit on "exceedence days" for both dry and wet weather.
• Conducting "Daily Generation Rate" studies as required for the Trash TMDL for five cities.
These DGR studies are conducted annually and are in their second year.
D Performing Phase I studies for numerous municipal redevelopment agencies. These include
retail gasoline outlets, auto repair facilities and industrial facilities
• Performing subsurface investigations where the previous Phase I's or soil sampling have
indicated the existence or potential for contamination. These sites have included auto paint
shops, auto repair and retail gasoline outlets.
32Proposal for NPDES/Stormwater Program Services
City of Culver City
March 7, 2007
EXHIBIT C: STANDARD RATE CHART
For this proposal, the highlighted rates will be in place.
Principal $120/hr
Senior Project Manager $100/hr
Project Manager $85/hr
Project Engineer $65/hr
Inspector/Project Technician $65/hr
Laborer (OSHA 40hr certified) $45/hr
State Certified Laboratory Analysis Cost + 15%
Legal Consultation, Court Appearances/Document review, etc. $150/hr
Inspection — Auto facilities $80/inspection
Inspection — Industrial/Commercial facilities $100/inspection
Inspection — Restaurant $60/inspection
24-hr industrial wastewater composite sampling (including setup) $125/location
24-hr ambient air sampling $50/day
Sewer capacity monitor (excluding set up) $1,250/week
Specific chemical air monitor $40/d ay
Photo ionization/Flame ionization detector $50/day
Combustible gas monitor $50/day
Shallow soil or sludge sampling equipment $35/day
Subcontracted equipment Cost + 15%
For Weekends, Holidays or evenings add 50% to listed price
Prices effective as of January 1, 2005
33W:k4
aldolkt;
:::.••••••'••: • •
-•• : "• ••:• 067••••!•".• !!'•11.:::::111?
• •-•'. ••••-- •
Standard Urban
• .
•••.• :•.••••••••• . ••••••• • • •
nertOtt
10 Hillside Projects
a) Less than an acre
b) One acre or greater
13 OtIti;10*:! ,ft:Otl in4:::0...(::',a0 r.a of h
14 Outdoor man ufacturing areas (riot c
15: obtda:Oli.f6dd::;batid110.g:::!:O.60iO.:01116:;t
:::04.fd6.66::hOetittifia : :'$atiar0: ::'-iffiat.1:4:4'§1|1010|"abtVe
Projects over 2,500 ft2 and located in, adjacent to discharging directly
Sensitive Area (ESA) and not classified above
a) Single Family Home
b) All Others Non residential site under 0.25 acres (10,890 ft2), determine to require a plan review
At feast 0.25 acres (10,890 fe) but less than 1 acre (43,560 ft2)
$196.00
$384.00
areas not classified ave . - $491 00
787 00
$589 00 ' •
• , •$417 00
o an Environmentally • : :
At least 1 acre (43,560 ft-|10 10|) but less than 5 acre (217,800 ft-7)
art)
$529.00 + $0.154 per
100 ft2 over 1 acre
$857.00 + $0.154 per.
100 ft over 5 acre
42;•4:9:fir
*Due to increased scrutiny of these projects by the Los Angeles Regional Water Quality Control Board, and infiltration requirements (which has resulted in written
violations to several municipalities), our fees have increase to account for technical review and compliance of such requirements. Fee increase is in effect when
proposal is approved.
34LIM
Proposal for NPDES/Stormwater Program Services
City of Culver City
March 1, 2007
EXHIBIT 13' NSURANCE CERTIFICATES
Insurance certificates have been requested from the insurance company and will be sent
separate from proposal.
S
35Proposal for NPDES/Stormwater Program Services
City of Culver City
March 1, 2007
EXHIBIT E: STANDARD TERMS AND C NDITICINS
1. STANDARD OF CARE. Services listed in Scope of Work- shall be carried out by JOHN L. HUNTER AND
ASSOCIATES, INC. in a manner consistent with that level of care and skill ordinarily exercised by
other environmental consultants currently practicing under similar circumstances at the time the
Services are performed. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE BY JOHN L.
HUNTER AND ASSOCIATES, INC. WITH RESPECT TO THE QUALITY OF SERVICES PERFORMED.
It is understood and agreed that JOHN L. HUNTER AND ASSOCIATES, INC. has not created or
contributed to the presence of any hazardous waste, pollutants, chemicals, or other hazardous
materials at the site described in Scope of Work.
CLIENT understands and agrees that the discovery of certain conditions by JOHN L. HUNTER
AND ASSOCIATES, INC. may result in economic loss to CLIENT and/or regulatory oversight. CLIENT
also agrees that JOHN L. HUNTER AND ASSOCIATES, INC. is not responsible for disclosures,
notifications, or reports that may be required to be made to third parties (including government
authorities).
JOHN L. HUNTER AND ASSOCIATES, INC. is responsible for the data, interpretations and
recommendations developed by JOHN L. HUNTER AND ASSOCIATES, INC. JOHN L. HUNTER AND
ASSOCIATES, INC. is not responsible for the interpretation of this information by others.
CLIENT agrees that JOHN L. HUNTER AND ASSOCIATES, INC. is not a generator, store,
transporter, arranger for transportation, or disposer of hazardous materials, pollutants, of
contaminants found or identified. JOHN L. HUNTER AND ASSOCIATES, INC. is not responsible, and
has no liability for, transportation, storage, treatment, disposal or disposition of hazardous
substances, pollutants or contaminated material of any kind, whether or not generated from JOHN L.
HUNTER AND ASSOCIATES, INC. work in Scope of Work.
The discovery of any condition of the property, including but not limited to the discovery of
hazardous materials, that may be reasonably expected to have a significant impact on JOHN L.
HUNTER AND ASSOCIATES, INC.'s ability to perform the SERVICES listed in Scope of Work to a
changed position requiring renegotiation and an equitable adjustment, in good faith, to Scope of
Work.
2. LIMITATION OF LIABILITY. CLIENT agrees that JOHN L. HUNTER AND ASSOCIATES, INC.'s liability
and that of its contractors and subcontractors arising from any Services rendered as a part of this
Agreement, whether arising from acts, omissions, or errors, shall not exceed JOHN L. HUNTER AND
ASSOCIATES, INC.'s total fee for the services listed in total Scope of Work.
JOHN L. HUNTER AND ASSOCIATES, INC. is not responsible for the quality of accuracy of data or
information nor from the sampling programs or methods from which the data was developed, where
such information or data is provided by or through CLIENT or others with whom JOHN L. HUNTER
AND ASSOCIATES, INC. has no contract. JOHN L. HUNTER AND ASSOCIATES, INC. is not liable for
any obligations, claims, losses, damages, penalties, actions judgments, suits, costs or expenses
related to or in connection with JOHN L. HUNTER AND ASSOCIATES, INC.'s reliance on or use of any
data or information furnished by CLIENT or others.
36Proposal for NPDES/Stormwater Program Services
City of Culver City
March 1, 2007
STANDARD •TERMS AND CONDITIONS
3. FORCE MAJEURE. JOHN L. HUNTER AND ASSOCIATES, INC. is not liable for any failure to perform,
or delay in performance, due to circumstances beyond any reasonable control, including but not
limited to strikes, riots, wars, fires, floods, explosions, acts of nature, acts of government and labor
disputes. If performance is delayed due to any such circumstance, CLIENT is not relieved of any
obligations under this Agreement.
If JOHN L. HUNTER AND ASSOCIATES, INC.'s services are interrupted due to any cause beyond its
control, CLIENT and JOHN L. HUNTER AND ASSOCIATES, INC. shall renegotiate a reasonable rate of
compensation for any additional labor, equipment, or other costs associated with maintaining its work
force and equipment at the Site during the interruption or for the costs incurred by JOHN L. HUNTER
AND ASSOCIATES, INC. for demobilization and subsequent re-mobilization at the Site.
4. JOHN L. HUNTER AND ASSOCIATES, INC., will not generate or handle any hazardous or deleterious
materials within the scope of this proposal. JOHN L. HUN -TER AND ASSOCIATES, INC., its officers,
agents, employees and subcontractors, are not responsible for any claims, losses, damages, lawsuits,
or costs of defenses or settlement (including attorney's fees) as a result of death or bodily injury or
threat thereof to any person, destruction or damage to any property, contamination of or adverse
effects on natural resources or the environment, any violation of local, state or federal law,
ordinances, regulation or orders or any other damages claimed by others due to the release or
discharge of hazardous or deleterious materials unless solely due to negligence or willful misconduct
of JOHN L. HUNTER AND ASSOCIATES, INC.
5. INDEPENDENT CONTRACTOR. JOHN L. HUNTER AND ASSOCIATES, INC. is at all times during the
term of the Agreement an independent contractor. JOHN L. HUNTER AND ASSOCIATES, INC. shall
not, for any purposes, be deemed an agent, employee or legal representative of the CLIENT.
6. CONFIDENTIALITY. JOHN L. HUNTER AND ASSOCIATES, INC. and CLIENT shall retain as
confidential all information and data furnished by the other party in connection with this Agreement
which is designated in writing. Neither JOHN L. HUNTER AND ASSOCIATES, INC. nor CLIENT shall
disclose such confidential information except after advance notice to the other party, if possible, as
required by statute, regulation, ordinance, judicial order or other governmental request or is
necessary for a vendor, supplier or subcontractor in order to make a bid or supply materials,
equipment or services.
7. TAXES. CLIENT shall pay any applicable sales or use tax in the amount required by law.
8. TERM AND TERMINATION. The term of this Agreement shall begin on the day it is signed by both
parties. The Agreement will continue in force until all of the parties' obligations are fully performed
or the Agreement is otherwise terminated. Notwithstanding this provision, the provisions of Section
2, LIMITATION OF LIABILITY of this Agreement survive termination of the Agreement and shall
continue in full fore and effect.
Either party may terminate this Agreement in the event of a material breach of the Agreement by the
other party which is not cured within thirty (30) days after notice thereof. Otherwise this Agreement
shall terminate upon completion and acceptance of Services listed in Scope of Work or by mutual
written agreement of the parties.
3q
37STANDARD TERMS AND CONDITIONS
Proposal for NPIDES/Stormwater Program Services
City of Culver City
March 1, 2007
',-
9. WAIVER. No waiver by either party of any default by the other party in the performance of this
Agreement shall operate as a waiver of any future default.
10. ASSIGNMENT. This Agreement may not be assigned by either party without the written consent of
the other party.
11. NOTICES. All notices, reports and invoices shall be in writing and may be transmitted by mail, telex
or telefax to the other party at the address listed in this Agreement or such other address designated
in writing. Notices are deemed to be given on the date transmitted.
12. SEVERABILITY. If any word, phrase, clause, sentence, or other provision of this Agreement is
determined to violate any applicable statute, regulation or ordinance, such provision is ineffective to
the extent of violation. The remainder of this Agreement remains valid and enforceable to the fullest
extent of the law.
13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties hereto with
respect to the subject matter hereof and supersedes all prior negotiations, representations,
warranties, commitments, contracts and writings, whether oral or written, between the parties with
respect to the subject matter of this Agreement. No amendment or modification may be made to
this Agreement except by mutual agreement of the parties made in writing and signed by both
parties.
14, GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of
the State of California.
Compliance with the NPDES Program requires active City participation and thorough
implementation of Best Management Practices. JLHA does not accept responsibility of work or
actions performed by others or contrary to the recommendations of JLHA.
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