Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, P.E., DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER
DATE: JULY 25, 2023
SUBJECT: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES, INC. FOR MUNICIPAL
SEPARATE STORM SEWER SYSTEM (MS4) NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM SERVICES
EXECUTIVE SUMMARY
The City Council will consider approving an amendment to the agreement with John L.
Hunter and Associates, Inc. The amendment would extend the term of the agreement for two additional years and amend the scope and budget of the agreement to accommodate the additional two years in accordance with the terms of the original agreement .
RECOMMENDATION
That the City Council:
1. Approve Amendment No. 1 to the agreement with John L. Hunter and Associates, Inc. for MS4 NPDES Program Services; and
2. Authorize the City Manager, or his designee, to execute any and all amendments to the agreement as deemed necessary.
BACKGROUND
The Los Angeles Regional Water Quality Control Board’s (LARWQCB’s) latest version of the MS4 Permit went into effect on September 11, 2021. The MS4 Permit prohibits the discharge or the potential for discharge of pollutants and illicit substances into the City's streets and/or storm drain system which flow directly to rivers and eventually to the Pacific Ocean.
The MS4 Permit requires the City to continue implementation and compliance with various model programs originally developed under previous permits, but also includes additional and more complex requirements. This includes the development of both Coordinated Integrated Monitoring Programs (CIMPs) and Watershed Management Programs (WMPs). WMPs are a planning framework to meet Total Maximum Daily Loads (TMDLs), which are numeric limits to the amount of a contaminant that a body of water
APPROVED BY
CITY MANAGER
APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH JOHN L.
HUNTER AND ASSOCIATES, INC. FOR MS4 NPDES PROGRAM SERVICES JULY 25, 2023
PAGE 2
can contain before it becomes harmful to aquatic life. The City is under TMDLs for trash, bacteria, metals, nutrients, and toxic chemicals. The City coordinates with three watershed management groups, namely: Lower Los Angeles River, Lower San Gabriel River, and Los Cerritos Channel to implement the corresponding WMPs and CIMPs.
The WMPs included water quality modeling to determine the nature and scale of TMDL compliance strategies. The modeling effort predicted that compliance would require the construction of large-scale and small-scale projects to infiltrate, store, and treat stormwater and urban runoff. The costs to construct and maintain these projects across the three WMPs are substantial and estimated to be several hundred million dollars.
Similar compliance costs were estimated in watersheds throu ghout the County. The resulting multi-billion dollar compliance program served as the impetus for the Safe, Clean Water (SCW) funding program or Measure W, which was passed by voters in 2018.
The City must ensure it complies with the MS4 Permit, TMDLs, and other water quality objectives through the implementation of its WMPs and CIMPs, which are funded in large part with SCW Program revenues. These include submitting SCW funding applications for water quality infrastructure projects, constructing these p rojects with municipal and regional SCW revenues, incorporating Low Impact Development (LID) controls into land development projects, and implementing stormwater pollution prevention programs such as industrial/commercial and construction site inspections, source investigations, public education, and staff training. These also include monitoring of runoff from storm drain outfalls and within local waterways, as well as annual reporting of compliance activities.
ANALYSIS
John L. Hunter and Associates, Inc. (JLHA) recently completed the terms of a three-year professional services agreement for MS4 NPDES compliance services on June 30, 202 3.
The contract terms allows for an extension of up to two years, which staff is recommending. Over the past several years, the City found JLHA to have the experience, availability, and understanding of local, regional, and national storm water issues necessary to ensure compliance with the MS4 Permit requirements. Their pricing to provide these services is competitive with the market and the annual increase requested for the final two years under this option is considered reasonable at two percent.
In order to ensure compliance with the latest MS4 Permit, it is important that the City retain the services of JLHA to ensure continuity of implementing projects and programs.
The key services to be performed by JLHA under the amendment to the agreement include, but are not limited to the following:
• Track, educate, inspect, and ensure compliance at industrial and commercial facilities
• Implementing the Planning and Land Development Program via tracking, reviewing of documents and plans, and inspection
APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH JOHN L.
HUNTER AND ASSOCIATES, INC. FOR MS4 NPDES PROGRAM SERVICES JULY 25, 2023
PAGE 3
• Implementing the Development Construction Program via review of compliance documents, inspection, and training
• Implementing the Public Agency Activities Program through inventories, development of Best Management Practices and training
• Identifying Illicit Connections and Illegal Discharges to Storm Drains • Implementing the Public Information and Participation Program • Providing City Staff Training
• Preparing and Submitting Annual Reports
• Providing General NPDES MS4 Program Management to Ensure Compliance with Permit
• Preparing Reports and Implementation Strategies
• Assist with the SCW program and reporting requirements
Continued implementation of the City’s storm water management program via the services provided by JLHA will help ensure that the City of Downey implements the measures necessary for compliance with the MS4 NPDES Permit.
Staff recommends approval of Amendment No. 1 to the professional services agreement with JLHA to extend the agreement for two years with the option of extending the term for up to an additional two years.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
Approval of the recommended action will result in an expenditure of up to $116,062 for FY 2023-2024 and FY 2024-2025. The City’s approved Fiscal Year 2023-24 Storm Water MS4 Permit Compliance operating budget includes adequate funds under Account Number 50-4-3182-0670 to cover the JLHA agreement expenses for FY 2023-24. Future Storm Water operating budgets will be adjusted via the City’s annual budget approva l process to correspond with subsequent years’ expenses associated with this agreement.
ATTACHMENTS
Attachment A – Amendment No. 1 to Professional Services Agreement with JLHA for MS4 NPDES Program Services
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
WITH JOHN L. HUNTER AND ASSOCIATES, INC.
FOR MS4 NPDES PROGRAM SERVICES
THIS AMENDMENT No. 1 (“Amendment”) is entered into this 25th day of July, 2023, by and between the City of Downey, a California municipal corporation and charter city (“City”) with its principal place of business at 11111 Brookshire Avenue, Downey, CA 90241 and John L.
Hunter and Associates, Inc., a California corporation, with its principal place of business at 6131 Orangethorpe Avenue, Suite 300, Buena Park, CA 90620 (“Consultant”). City and Consultant are sometimes individually referred to as the “Party” and collectively as the “Parties”.
WHEREAS, City and Consultant entered into a Professional Services Agreement (“Agreement”) on September 22, 2020 for professional MS4 NPDES Program services; WHEREAS, the parties desire to make certain amendments to the Agreement as set forth herein; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
Section 1. AMENDMENTS.
1. City and Consultant hereby amend Section 3.1 (“Scope of Services and Term”) Subsection 3.1.2 to read as follows:
“3.1.2 Term. The term of this Agreement shall be from July 1, 2020 to June 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The City, at its sole option, may renew the Agreement for two subsequent one-year terms by written amendment to this Agreement signed by the City Manager and the Consultant, upon terms and conditions agreed to by the City and Consultant.”
2. City and Consultant hereby further amend Section 3.3 (“Fees and Payments”) Subsection 3.3.1 to read as follows:
“3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibits "A" and “B” attached hereto and incorporated herein by reference. The total compensation to Consultant shall not exceed Five Hundred Seventy-Three Thousand Four Hundred Sixty-One Dollars ($573,461.00) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in Exhibits “A” and “B” attached to this Agreement.”
3. City and Consultant hereby further amend the Agreement by adding Exhibit “B” Scope of Services which covers the last two years of service and which is attached hereto and incorporated by reference herein and applies for the last two years of service wherever Exhibit “A” is also mentioned throughout the Agreement.
ATTACHMENT A
June 13, 2023
City of Downey
Attn: Daniel Muller
11111 Brookshire Ave
Downey, CA 90241
Subject: Extension of Professional Services to Provide MS4 NPDES Program Assistance
Dear Daniel Muller:
John L. Hunter and Associates (JLHA) welcomes the opportunity to continue providing our professional consulting services to the City of Downey with regard to the environmental programs of Municipal NPDES (Stormwater).
The timeframe of this extension is for a period of two (2) years. An updated scope of work, included on the following page, will apply for the two-year extension. Funding in the amount of $232,124 ($116,062 per year) will be needed to assist the City for this period. It is anticipated that this amount provided will be sufficient for our assistance.
A summary of the latest estimated costs and our Standard Rate Schedule is included on the following pages. We do not anticipate exceeding the total cost estimate. If during implementation of our services, changes in our initial scope estimates result in a potential exceedance of the total cost estimate, we will inform the City as soon as possible. We will not exceed the total cost estimate without City authorization.
Thank you again for the opportunity to offer our services. If you have any questions, you can reach me at [email protected], or (562) 726-4259.
Sincerely,
Cameron McCullough
EXHIBIT B
2 Scope of Services
The following table lists the latest scope of work.
Task 1. Program Administration, Compliance Planning, and Compliance Reporting a. Provide project and program status updates.
b. Represent the City in meetings and correspondence with program stakeholders. c. Share technical program information and expertise with City staff. d. Assess program compliance, recommend actions, and prepare new program documents. e. Assist with NPDES, WMP, and TMDL compliance planning. f. Assist with the development of the WMP and CIMP.
g. Prepare the NPDES Annual Report, TMDL Reports, and other MS4 Permit compliance reports. h. Provide data/input for the WMP Progress Reports and monitoring report. i. Develop and provide Municipal NPDES training for city staff and contractors as applicable. j. Operate and maintain an accessible online database of program records. k. As needed: Assist with municipal NPDES services not listed in this scope of work. l. Project management: Coordinate with staff, report on progress, and QA/QC deliverables.
Task 2. Trash TMDL DGR Study
a. Conduct the Annual Trash TMDL Daily Generation Rate (DGR) Study.
Task 3. Program Funding Assistance
a. Prepare the SCWP Annual Plan and Annual Expenditure Report. b. Provide updates on the SCWP and other funding programs. c. Represent the City in meetings and correspondence related to program funding. d. As needed: Assist in preparing SCWP and grant applications and assist in administration. e. As needed: Develop and administer fees, budgets, and cost share agreements.
Task 4. Planning and Land Development (private development) a. Update LID BMP records with available program information. b. Review LID Plans and related documents. Complete reviews within two weeks. c. Verify LID BMPs are properly installed.
Task 5. Construction (For private projects that disturb ≥ 1 acre, and as needed for smaller projects) a. Update site records with available program inventory information. b. Review SWPPPs for BMP implementation.
c. Conduct BMP inspections, follow-ups, and issue enforcement.
Task 6. Capital Projects and Programs
a. Conduct the services under Task 4 and 5 for City projects. b. Verify existing City LID BMPs are properly maintained. c. As needed: Assist in implementing NPDES capital projects and programs.
Task 7. Industrial/Commercial Facilities
a. Update industrial/commercial facility records using available data sources. b. Distribute, develop, and purchase educational material. c. Schedule and conduct BMP inspections, follow-up, and issue enforcement d. Food facilities only. Review fats, oils and grease (FOG) maintenance records.
Task 8. Illicit Discharge Investigations
a. Conduct field investigations within 2 hours of notification by the City. b. Follow-up and assist in issuing enforcement.
Task 9. Public Agency Activities
a. Update records for inventoried city facilities with available information. b. As needed: Inspect BMPs at City facilities and assist in selecting BMPs.
Task 10. Public Information and Participation
a. Update records for public outreach activities.
b. As needed: Assist with community events to promote pollution prevention. c. Provide and distribute educational materials. Material purchases are incorporated into the cost estimate. d. As needed: Update and develop educational materials and content.
3 Standard Rate Schedule
Principal $220 / hour
Director $195 / hour
Program Manager $195 / hour
Staff Engineer $195 / hour
Project Manager $185 / hour
Assistant Project Manager $165 / hour
Project Engineer $165 / hour
Senior Compliance Specialist $145 / hour
Compliance Specialist II $135 / hour
Project Analyst II $135 / hour
Compliance Specialist I $125 / hour
Project Analyst I $125 / hour
Administrative Assistant, Laborer $85 / hour
State Certified Laboratory Analysis Cost + 5%
Legal Consultation, Court Appearances/Document review, etc. $290 / hour Subcontracted equipment Cost + 5%
Estimated Costs
This project will be on a time and materials basis. We will provide consultant services not to exceed the budgetary amount without the City’s prior authorization.
$23,606 $23,606
a.Provide project and program status updates.$4,079 $4,079 b.Represent the City in meetings and correspondence with program stakeholders.$875 $875 c.Share technical program information and expertise with City staff.$1,166 $1,166 d.Assess program compliance, recommend actions, and prepare new program documents.$1,166 $1,166 e.Assist with NPDES, WMP, and TMDL compliance planning.$2,186 $2,186 f.Assist with the development of the WMP and CIMP.$2,186 $2,186 g.Prepare the NPDES Annual Report, TMDL Reports, and other MS4 Permit compliance reports.$4,000 $4,000 h.Provide data/input for the WMP Progress Reports and monitoring report.$500 $500 i.Develop and provide Municipal NPDES training for city staff and contractors as applicable.$2,331 $2,331 j.Operate and maintain an accessible online database of program records.$3,368 $3,368 k.As needed: Assist with municipal NPDES services not listed in this scope of work.---- l.Project management: Coordinate with staff, report on progress, and QA/QC deliverables.$1,749 $1,749 $1,749 $1,749
a.Conduct the Annual Trash TMDL Daily Generation Rate (DGR) Study.$1,749 $1,749 $4,663 $4,663
a.Prepare the SCWP Annual Plan and Annual Expenditure Report.$1,647 $1,647 b.Provide updates on the SCWP and other funding programs.$1,110 $1,110 c.Represent the City in meetings and correspondence related to program funding.$740 $740 d.As needed: Assist in preparing SCWP and grant applications and assist in administration.---- e.As needed: Develop and administer fees, budgets, and cost share agreements.$1,166 $1,166 $24,285 $24,285
a.Update LID BMP records with available program information.$1,185 $1,185 b.Review LID Plans and related documents. Complete reviews within two weeks.$19,800 $19,800 c.Verify LID BMPs are properly installed.$3,300 $3,300
$19,378 $19,378
a.Update site records with available program inventory information.$5,953 $5,953 b.Review SWPPPs for BMP implementation.$3,300 $3,300
c.Conduct BMP inspections, follow-ups, and issue enforcement.$10,125 $10,125 $2,629 $2,629
a.Conduct the services under Task 4 and 5 for City projects.$1,629 $1,629 b.Verify existing City LID BMPs are properly maintained.$1,000 $1,000 c.As needed: Assist in implementing NPDES capital projects and programs.---- $34,783 $34,783
a.Update industrial/commercial facility records using available data sources.$2,025 $2,025 b.Distribute, develop, and purchase educational material. (Included with task 7.c)---- c.Schedule and conduct BMP inspections, follow-up, and issue enforcement $31,172 $31,172 d.Food facilities only. Review fats, oils and grease (FOG) maintenance records.$1,586 $1,586 $1,929 $1,929
a.Conduct field investigations within 2 hours of notification by the City.$1,450 $1,450 b.Follow-up and assist in issuing enforcement.$479 $479 $1,000 $1,000
a.Update records for inventoried city facilities with available information.$1,000 $1,000 b.As needed: Inspect BMPs at City facilities and assist in selecting BMPs.---- $2,040 $2,040
a.Update records for public outreach activities.$1,540 $1,540 b.As needed: Assist with community events to promote pollution prevention.---- c.Provide and distribute educational materials. Material purchases are incorporated into the cost estimate.$500 $500 d.As needed: Update and develop educational materials and content.---- Total Not-to-Exceed $116,062 $116,062
Task 3. Program Funding Assistance
Task Name 2023-2024
Total
2024-2025
Total
Task 1. Program Administration, Compliance Planning, and Compliance Reporting Task 2. Trash TMDL DGR Study
Task 10. Public Information and Participation
Task 4. Planning and Land Development (private development) Task 5. Construction (For private projects that disturb ≥ 1 acre, and as needed for smaller projects) Task 6. Capital Projects and Programs
Task 7. Industrial/Commercial Facilities
Task 8. Illicit Discharge Investigations
Task 9. Public Agency Activities