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2200 - CWE Corporation - MS4 NPDES Permit Servicesn e1 ? (.9 CA 0 PROFESSIONAL SERVICES AGREEMENT MS4 PERMIT COMPLIANCE AND SUPPORT SERVICES (CWE CORPORATION) PARTIES AND DATE. This Agreement is made and entered into thisik Day of 20& (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and CWE Corporation with its principal place of business at 1561 E. Orangethorpe Avenue, Suite 240, Fullerton, California 92831 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing NPDES Services to public clients, is licenced in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render MS4 Permit Compliance and Support Services ("Services') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional compliance and support services necessary for the Project, herein referred to as "Services". The Services are more particularly described in Exhibit A attached hereto and incorporated lJ CWE CORPORATION Page 2 of 11 herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for one 15 -month period and two 18 -month periods beginning on October 1, 2022, through December, 2025, with the option to extend for up to two (2) additional 18 -month periods, at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of the Agreement, and shall meet any other established shcedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are CWE CORPORA'T'ION Page 3 of 11 determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant will designate Gerald Greene, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all CaVOSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs W" CWE CORPORATION Page 4 of 11 arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed One Hundred Sixty -Two Thousand Nine Hundred Ninety -Nine Dollars ($162,999.00) for period one. Compensation for periods two and three allows for a CPI annual adjustment in accordance with Exhibit A. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution 001 CWE CORPORATION Page 5 of 11 of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. U CWE CORPORATION Page 6 of 11 V 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CWE Corporation 1561 E. Orangethorpe Avenue, Suite 240 Fullerton, California 92831 Attn: Gerald Greene Tel: (714) 526-7500 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Michael Chung Director of Public Works Tel: (626) 569-2158 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to W CWE CORPORATION Page 7 of 11 Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action. 3.5.6 Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to W" CWE CORPORATION Page 8 of 11 1.4 insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other 0'4 CWE CORPORATION Page 9 of 11 Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. kw) CWE CORPORATION Page 10 of 11 3.6 Subcontracting. V 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] CWE CORPORATION Page 11 of 11 CITY OF ROSEMEAD CWE CORPORATION �i By: Ben Kim, yCiVQanager *tl Name: V 1 \< Attest: Title: r- C– Ericka Hernandez, City Clerk at� Approved as to Form: Q c� �1 1J z Date Rachel Richman City Attorney [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORAT EAL — F CONTRACTOR REQUIRE By: —Name: aSo, 4ur,Y�. Title: Iw/ EXHIBIT A PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME A-1 W AAAAJN £rnM7AI P7 ,acoRO CERTIFICATE OF LIABILITY INSURANCEDA 12111/20231 12111/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS U ON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COV =RAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TF IE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONA L INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may ri quire an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 co cr Ella Chen HUB International Insurance Services Inc. 6 Centerpolnte Drive Suite 350 PAH�°NN , , (626) 612-0060 (MAX, No:(951) 231-2572 M66, cal.cpu@hubinternat[onal.com La Palma, CA 90623 INSURER(S) AFFORDING COVERAGE NAICN INSURER A:Crum&Forster Specialty Insurance Company 44520 121612023 INSURED INSURER B: Pacific Compensation Insurance Company 11555 CWE 1561 E. Orangethorpe Avenue INSURER C: Suite 240 INSURER D: E Fullerton, CA 92831INSURER INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ------- ---------- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADGLINSp SUERVIVO POLICYNUMBER POLICY EFF POLICY UPLTR LIMITS A X COMMERCUILGENERALLIABILFY CLAIMSWADE OCCUR X X EPK-146110 121612023 12/8/2024 EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED 100,000 PREMISES IF, occumence) MED EXP (Anyoneperson) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY EX] jE8T D LOC GENERAL AGGREGATE 4,000,000 PRODUCTS - COMP/OP AGO 4'000'000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT as id� BODILY INJURY Per erson $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS SSW BODILY INJURY Per accident $ (ROai 'ZIDAMAGE $ Ep AUT OS ONLY Al1TOS ONNLY $ A UMBRELLA UJUI X OCCUR EACH OCCURRENCE $ 1'000,000 X EXCESS LIAB CLAIMS -MADE EFX-124238 12/812023 12/8/2024 AGGREGATE § 1,000,000 DED RETENTIONS B _DES WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE ��FICER/MEMBER EXCLUDED?❑N (Mandatory in NH) If yes, describe under ESCRIPTION OF OPERATIONS below N/A X 1025483 1211/2023 12/1/2024 X PER OTH- A UTE E E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYE 1,000'000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liab. EPK-146110 12/812023 12/812024 Each Wrongful Act 2,000,000 A Professional Liab. EPK-146110 12/812023 12/8/2024 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Acidwonal Remarks Schedule, may M attached N more space is required) City of Rosemead is additional Insured with regard to the General Liability policy when required by a written contract, per the attached endorsement form ENO111 02/11. Primary & Non -Contributory with regard to the General Liability policy applies when required by a written contract, per the attached endorsement form EN014711If1, Waiver of Subrogation included. Waiver of Subrogation with regard to the Workers Compensation policy applies when required by a written contract, per the attached endorsement form WC99031510117. City of Rosemead Department of Public Works 8838 E. Valley Blvd. Rosemead, CA 91770 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORUED REPRESENTATIVE ACORD 25 (2016103) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD W CWE Policy Number: EPK-146110 CRU M & FORSTEW Effective Dates: 12/8/2023 - 12/8/2024 __. - , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE (Name Of Additional Insured Person(s) or organization(s) Where Required By Written Contract. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your worK' for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 " ' Page 1 of 1 W Insured: CWE i Policy Number: EPK-146110 Policy Term: 12/8/2023 to 12/8/2024 n THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of 'your work" for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s). 3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0147-1111 Page 1 of 1 n !1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET Insurance Companies We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 2.00% of the California workers' compensation premium otherwise due (minimum $250). Schedule Person or Organization Job Description Any person or organization for whom the named insured is required under written contract to furnish this RE All California Operations waiver This endorsement changes the policy to which it is attached and is effective on the policy effective date unless otherwise stated. This endorsement, effective on 12/01/2023 at 12:01 A.M. standard time, forms a part of Policy Number 1025483 of the Pacific Compensation Insurance Company Policy Effective Date 12/01/2023 to 12/01/2024 NCCI Carrier Code 11555 Insured Name CWE Endorsement No. 3 Premium $ 20,602 Counter Signed at Phoenix , AZ on 11/03/2023 by AothorizeE Representative WC 99 03 15 1 Doc Type: SFCOR Soft 10117 Creating a Better Tomorrow, CWE Today Tr' Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) C 0 September 6, 2022 Michael Chung, Director of Public Works City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 u OWE 1561 E. ORANGETHORPE AVENUE SURE 240 FULLERTON, CA 92831.5202 (7L4) 526.7600 PHONE (714) 5267004 FAX www.mw rpxom Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Dear Michael Chung, For many firms, stormwater management Is a sideline niche; however, CWE was founded specifically to provide specialized National Pollutant Discharge Elimination System (NPDES) services to public agencies, and our clients trust us to Initiate and complete complex stormwater planning assessments, even when no precedent exists. We have developed and implemented comprehensive stormwater management programs for over 50 Southern California municipalities, many of whom are within Los Angeles County limits that require extensive coordination with the Los Angeles Regional Water Quality Control Board (RWQCB). Our extensive expertise in stormwater management and Municipal Separate Storm Sewer System (MS4) Permit compliance is the foundation upon which our civil, environmental, and water resource practices were built. CWE would be honored to continue serving the City of Rosemead (City) using our MS4 Permit compliance expertise, along with attending to and supporting the City's many industrial and commercial business owners and operators in complying with complex and confusing MS4 Permit regulatory and reporting requirements. CWE submits this proposal as our continued commitment to providing the leadership and resources necessary to promote timely and responsive services that benefit your City and community — so that we are Creating A Better Tomorrow, Today'" together. We look forward to maintaining our strong relationship with the City and welcome the opportunity to further discuss our qualifications. If you have questions or require additional information, please contact me at (714) 526-7500 Ext. 211 or jpereira@cwecDrp.com. Respectfully submitted, CWE Jason Perefra, E, CPSWQ, QSD/P, QISP Principal "Creating a Better Tomorrow, Today.T"'" 4� City of Rosemead .�� Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional H, Compliance and Support Services (RFP No. 2022-18) Table of Contents TABLEOF CONTENTS................................................................................................................. 1. APPROACH, AND SCOPE OF WORK..................................................................................... 1 2. PROJECT TEAM, KEY PERSONNEL, AND RESUMES............................................................. 6 3. COMPANY QUALIFICATIONS..............................................................................................9 4. REFERENCES.....................................................................................................................11 5. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS ..................................... 11 6. ADDENDA ACKNOWLEDGEMENT......................................................................................11 7. COST PROPOSAL.................................................................ERROR! BOOKMARK NOT DEFINED. Appendix A — Resumes CWE. CA City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) 1. Approach, and Scope of Work Since 1990, the State of California Regional Water Quality Control Board, Los Angeles Region (LARWQCB) has Issued progressively more challenging MS4 NPDES Permits to Los Angeles and Ventura County municipal Permittees, Including the City of Rosemead (City). On July 23, 2021, the LARWQCB adopted Its fifth term permit as Order R4-2021--0105, which became effective on September 11, 2021. The 2012 MS4 NPDES Permit encouraged Permittees to form Watershed Management Program (WMP), or Enhanced WMP (EWMP), groups and develop implementation plans to achieve regional Water Quality Objectives (WQOs). The City of Rosemead, along with fifteen other cities, the Los Angeles County Department of Public Works (LACDPW), and Los Angeles County Flood Control District (LACFCD), formed the Upper Los Angeles River (ULAR) EWMP Group, led by the City of Los Angeles. The ULAR EWMP Plan, approved by the LARWQCB Executive Officer on April 20, 2016, identified potential twenty-year City project implementation costs at $130M, while the June 30, 2021, Draft revised ULAR EWMP Plan, Identified the need for approximately 48.5 acre-feet of runoff capture volume, at a cost of at least $70M. In comparison, the Los Angeles County Safe Clean Water Program (SCWP) Municipal Program Transfer Agreement (MPTA), annually only returns approximately $580,000 to the City of Rosemead. Over the last several years, CWE has increasingly assisted the City of Rosemead with MS4 Permit Compliance and related Support Services, Including the recovery of nearly a quarter million dollars, in prior City General Fund expenditures, through the SCWP MPTA. On August 29, 2018, June 30, 2019, June 23, 2020, and September 7, 2021, the Rosemead City Council authorized City Management to proceed with the Issuance of MS4 NPDES Permit Professional Services Agreements (PSA) with CWE. Stormwater management and MS4 NPDES Permit compliance requires agencies and their consultants to be Flexible and pragmatic to continually changing regulatory requirements and conditions. CWE assists baseline, small, medium, and large Watershed Management Program (WMP) Permittees, Including the City of Rosemead, by furthering agency program objectives using cost-effective implementation strategies. Last year, CWE performed twice the proposed number of Low Impact Development (LID) plan checks, developed the Sally Tanner Park Trash Minimum Frequency of Assessment and Collection (MFAC) Program for City Staff Implementation, submitted the first SCWP MPTA cost recovery Plan, and prepared an Inventory of six Regional Best Management Practice (BMP) water quality capture facility locations to achieve the LARWQCB required Reasonable Assurance Analysis (RAA) model goal of 50 acre- feet of runoff capture by the City; In contrast with the twenty-eight facilities and 350 acre-feet of capacity determined in the ULAR WMP Pre-Stormwater Investment Program (Pre -SIP) draft Plan. Following receipt of the City Notice to Proceed (NTP), CWE will promptly meet with City Project Manager to Identify upcoming priorities and develop a strategy to Implement the following MS4 NPDES Permit services. Task 1 - Meetings CWE has been and will continue to attend monthly ULAR WMP Group, pre -SIP, and Load Reduction Strategy Alternative (LRS -Alt), bimonthly Los Angeles Permit Group (LAPG), and up to four (4) City Council, City Staff, SCWP, or LARWQCB MS4 Permit meetings annually. Participation allows CWE to Identify cost-effective ULAR WMP and MS4 Permit implementation strategies for Staff adoption. We have budgeted forty-eight (48) hours for remote meetings and follow up activities annually. GWE n S City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No, 2022-18) Task 2 - Safe Clean Water Program Assistance CWE has assisted the City in securing $1.7M in support by drafting the City FY 2020-21, 2021-22, and 2022-23 SCWP MPTA Plans, due on the April 1st prior each fiscal year. CWE also prepared the FY 2020- 21 SCWP MPTA Report, which, like future reports, is due on December 151' following the fiscal year. Based primarily on City directions, CWE will continue In annually preparing these plans and reports. Since funds not expended within three (3) years must be returned to the SCWP, one of our objectives for this year Is to assist City Staff in better planning, budgeting, documenting, and accounting for the use of the support. Task 3 - City Staff and Contractor Training Part VIII.A.3. of the 2021 LARWQCB MS4 NPDES Permit requires that City Staff and contractors be trained in: Pesticide/Fertilizer Source Controls; Illicit Discharge Detection and Elimination (IDDE); Construction and Erosion Source Controls; and Industrial/Commerdal (I/C) Facilities Programs. Following Field Supervisorial personnel scheduling, either at the beginning or end of a shift for staffing efficiency, CWE made these two-hour presentations, before being suspended due to the pandemic and extensive City Staff changes. These presentations are made by QSD/P or QISP-certified Senior CWE Management, experienced with both private and public agency examples, using an engaging, locally relevant, Microsoft PowerPoint® presentation for between five and twenty City Staff either remotely or at a City facility with adequate equipment. The presentation begins with regulatory rationale and requirements, before moving on to illustrative case studies. Six slide per page handouts are distributed for those wishing to take notes or write questions, along with a participation sign -in sheet to Include with the annual report. City staff and contractors are encouraged to ask questions, resulting In an Informative training session that maintains staff attention. Task 4 - Public Information and Participation Program (PIPP) Part WILD of the tentative fifth term MS4 NPDES Permit Identifies the need for "culturally effective", such as various Aslan and Hispanic languages, outreach efforts and materials to control specific exemplary and locally relevant categories of stormwater pollutants; including documentation and informative tracking of those cumulative activities. CWE will meet with City Staff to review the previously prepared outreach materials and determine how they might be revised to better convey City goals and objectives, then revise and distribute those materials during I/C, construction site, post -construction BMP, and IDDE Inspections. Task 5 - Industrial/Commercial (I/C) Facilities Program CWE recently completed more than two hundred (200) I/C Facility Program inspections, expanding the City GIS -based Tracking Database to over eight hundred (800) inspection records of the approximately three hundred (300) commercial and fifteen (15) Industrial General Permit (IGP) facilities in the City. If selected, we will continue implementing the I/C Facilities Program and Progressive Enforcement requirements, found in Part VIII.E. and Part VIII.B. respectively, of the 2021 LARWQCB MS4 NPDES Permit. This Includes reviewing the City Business License database for new or replacement I/C facilities, inclusion of City identified SB -205 and SB -891 IGP scofflaws, and the State Stormwater Multiple CWE7 ti City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Application and Reporting Tracking System (SMARTS), excluding IGP Permittees jurisdictional within adjacent communities, but claiming City or Rosemead residency. Based on enhanced biannual (alternating year) requirements, CWE would annually notify approximately one hundred sixty (160) I/C Facilities, using City approved verbiage and letterhead sent by United States Postal Service (USPS) first class mall of planned visits; then conduct up to two hundred (200) Initial and progressive enforcement Inspections. Scanned Inspection forms, Images, and enforcement notifications, would then be digitally provided to the City, along the updated GIS -based inventory on, at minimum, an annual basis. New inspections of compliant facilities, or those Inspected by the Water Board and reported in SMARTS, will not be reinspected for at least six (6) months from the time the prior inspection(s) were completed. Task 6 - Redevelopment Planning CWE would provide up to eight (8) timely, less than five (5) acre, Priority Redevelopment, Low Impact Development (LID), or General Construction Permit (GCP) Storm Water Pollution Prevention Plan (SWPPP) plan checks under the direction of a state certified Qualified SWPPP Developer or Practitioner (QSD/P). Written comments are normally returned within two (2) weeks of receipt by CWE, although extension may be required when preparing compliance submittals. Review time would be reported to the City Project Manager, upon request, to allow recharging to the project proponents. Available required data would be inserted Into the Watershed Reporting Adaptive Management & Planning System (WRAMPS) or other Permit -compliant GIS -based tracking database and annually provided to the City for WMP progress and compliance reporting or regulatory audits. Task 7 - Redevelopment Construction Inspections CWE will annually provide up to four (4) MS4 Permit Priority Project LID, Erosion and Sediment Control Plan (ESCP), Construction General Permit (CGP), or City Project BMP Inspections, under the direction of a CWE QSD/P. Correction or violation notices with images, that result from these Inspections, will be forwarded to the City for signature and delivery. Inspection data will be provided to the City Project Manager within one week of Inspection. Task 8 - Post- Construction BMP Inspections Over three (3) days, CWE will perform on-site reviews of City assembled, SUSMP, SWPPP, BMP design, and maintenance covenants for CGP and Priority Projects within the City, then use Best Professional Judgment (BPJ) to assess post -construction BMP implementation, maintenance, and effectiveness. CWE will record our Post -Construction BMP inspection observations, and tracking data, as Identified In the MS4 Permit, and provide the City with GIS shape and database Flies. Finally, CWE will provide the City with digital records of our observational photographs, completed Inspection forms, and any corrective enforcement actions initiated. Task 9 - Regional BMP Development Opportunities The 2016 ULAR EWMP Plan, approved by the LARWQCB Executive Officer on April 20, 2016, committed the City to Implement challenging water quality protection and pollution source control measures by 2028, due to the Los Angeles River (LAR) Watershed Metals TMDL and 2037, due the LAR Bacteria TMDL. GWE r) City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) The City summary', on Table 7A-33, identified the need for 106 acre-feet of runoff capture volume, spread among 31 "jurisheds", to attain storm event capture volume compliance criteria; alternatively, 79 acre-feet of appropriately distributed capture volume was projected to achieve Basin Plan identified, concentration based, Water Quality Objectives (WQOs). For both of these capture volumes, the goals were "front -loaded" with the majority of volume being required by 2028, while the last 14 acre-feet, were required by 2037 to comply with the Bacteria TMDL. In contrast, Figure 7-24 from the revised June 2021 ULAR WMP Plan, which is expected to soon be conditionally approved by the LARWQCB Executive Officer, identified less than 50 acre-feet of required capture volume within the City and less than half of that by 2028. To implement this revised ULAR WMP Plan, the draft ULAR pre -SIP Identified 28 potential and unprloritized projects for the City of Rosemead, that would manage up to 350 acre-feet of runoff; values far greater than identified in the soon to be approved revised WMP Plan and likely to overwhelm the attention of City and consultant staff. CWE prepared, for City Staff review and comment, a concept or preliminary evaluation of five potential Regional BMP Projects with recommended Implementation priorities. CWE also expanded the City Priority Project Planning Review process to include Permit required stormwater management measures in Condition Use Permits (CUPs) for Planning Commission consideration. Finally, we summarized the 28 potential projects, in the draft ULAR pre -SIP study, in a way that prioritizes them for staff evaluation. Based on City Staff Input and the upcoming 2028 Metals TMDL compliance deadline, that will likely be reiterated In the LARWQCB Executive Officer 2021 rWMP Conditional Approval letter, CWE will prepare one Project Feasibility Study, Including project phasing, to support the preparation of grant and SCWP regional BMP design and construction applications during the next submittal date in July of 2023. Task 10 - Los Angeles River Trash TMDL Compliance In 2021, CWE drafted, submitted for LARWQCB review, and provided City Staff implementation and reporting guidance regarding the Sally Tanner Park Minimum Frequency of Assessment and Collection (MFAC) procedures. We provided another City Consultant with Bid Package information that was anticipated would lead to issuance of a County Construction Permit in early 2022. CWE will provide up to twenty (20) hours of Trash TMDL compliance services that may include: 1) revision of LARWQCB Trash TMDL Annual Compliance Reporting; 2) the Identification and verification of undocumented catch basins; 3) assessment of catch basin trash levels; 4) Identification of locations suitable for Daily Generation Rate (DGR) studies; and 5) collecting of physical data from structural deficient catch to support reconstruction design and bid documents. Task 11 - Illicit Discharge Detection Elimination (IDDE) Investigations CWE will provide up to sixteen (16) hours of timely, remote, or onsite IDDE support services on a 24 hour per day/365 day per year basis; emphasizing public outreach, BMP recommendation, and permit reporting. Enforcement would remain the responsibility of City Code Enforcement. Additional services would be provided on a time and materials basis, using the provided multi-year rate sheet. ' htti)s•//www.waterboards.ca.gov/losangeles/water issues/programs/stormwater/municipal/watershed managemenUlos angeles/upper losangeles/20160127/UpperLARiver revEWMP Appendix7 Jan2016.pdf GE w City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Task 12 - WMP and Annual Reporting For each July first to June thirtieth service period, CWE will assist City Staff in preparing the two required WMP Progress Report submittals, due to the Board on June and December fifteenth and the Annual MS4 Permit Compliance Report due on December fifteenth. As a member of the ULAR WMP Group, Qty draft submissions are typically due several months before these Board dates and only limited revisions are typically allowed during the final month. CWE will transcribe the raw City data using the, then current, Los Angeles County Watershed Reporting Adaptive Management & Planning System (WRAMPS) application and forms, resorting to Microsoft Word®, Excel®, and Portable Document formats, as may be necessary for assisting City Staff in making timely progress. Access to the electronic version of the final, submitted, reports will be provided to City Staff. Limitations and Assumptions CWE recommends following an eighteen -month overlapping Professional Services Agreement (PSA) term, to coincide with the MS4 Permit July 15t to June 30th Implementation period, followed by reporting through approximately December 31st of the trailing year. We propose that first period begin on approximtely October 1, 2022, and end on December 31, 2023. Potentially, the final period could end on December 31, 2027. CWE has utilized the following proposal assumptions to reduce our risks and your budget commitments during this Fluid period between various draft Permit and EWMP Plan versions: 1. This proposal does not address separate agreements between the Qty and any WMP Group or the San Gabriel Valley Council of Governments (SGVCOG) on behalf of a WMP Group. 2. This proposal excludes regulatory and Implementation priority changes Initiated by the SWRCB, LARWQCB, ULAR or other WMP Group, legislature, or the City. Such actions may be addressed by agreed upon changes in budget or task work, or through a separate agreement with the City. 3. This proposal responds to City RFP Identified tasks, rather than potential compliance priorities. 4. Confined space entry of MS4 facilities Is unnecessary and outside of our Scope of Work. 5. Installation of Full Capture System (FCS) Connector Pipe Screens are being addressed through the City Capital Improvement Program (CIP), using SCWP MPTA support. 6. Development of an alternative WMP implementation strategy Is beyond this Scope of Work. 7. City Encroachment or Access Permits will be Issued as no fee Permits. Or E 1 City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) 2. Project Team, Key Personnel, and Resumes CWE, a Small Business Enterprise (SBE), has provided trusted and distinguished civil infrastructure, water resources, and environmental W engineering services and have enhanced the quality of life of our esteemed communities since 2006. We are privileged to have served over 150 public municipalities, utility companies, private businesses, and federal agencies who have benefitted from our promise of Creating a Better Tomorrow, Today'". Our award-winning Industry leaders actively work to cultivate the engineering proteges and environmental stewards of tomorrow. We work tirelessly to bring the mastery, creativity, and commitment necessary to deliver forward -thinking results to enhance the communities we live, work, and play in, leaving them better for the next generation. This is the CWE standard. CWE has been recognized by the Zweig Group as a "Hot Firm four times and a "Best Firm To Work For" five years in a row. These honors not only highlight CWE's significant business growth, but also reflect our growing staff's sense of purpose and happiness at CWE. We are eager to demonstrate how engaged employees with the same goal of Creating a Better Tomorrow, Today'" prompt clients to return, and show the City what benefits our dedicated engineers and scientists can bring to your table and fulfill your NPDES compliance and implementation needs. You deserve nothing less than a trailblazing, solutions - oriented firm to help you navigate the complicated regulatory process. CWE is that flrm! We know what you need! CWE has been providing Industrial/Commercial (I/C), redevelopment construction, and post -construction BMP Inspections to the City of Rosemead for the last five years! Inspection tasks have Included I/C Inspections of approximately 200 food service, 100 automotive repair, 20 retail gasoline outlets, and six (6) nursery facilities; up to four (4) redevelopment construction inspections once per month; post - construction BMP Inspections; and Incorporating inspection data Into an electronic database containing geographic references that allow information to be mapped and Integrated Into a Geographic Information System (GIS) tracking system. Additional tasks have included: staff training on construction/erosion plan review and permitting, erosion/sediment control plan Inspections, and staff Illicit Connection/Illegal Discharge (IC/ID) response; developing activity-spedfic public education content regarding source control BMPs and use and disposal of pollutants relevant to Rio Hondo Reach 3 and downstream receiving water Impairments; redevelopment planning; public facility Inventory and Inventory of regional BMP development opportunities; identifying regional BMP projects for strategic and cost- effective analyses; public activity management; installing full capture devices and conducting Daily Generation Rate (DGR) studies for trash Total Maximum Dally Load (TMDL) compliance; IC/ID investigation and elimination; and annual reports submitted to the Upper Los Angeles River EWMP Group Lead Agency. GWEM M M City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) �T 2.1 Organization Chart Nan Jia, PE, QSD/P Alexa Reasoner, QSP, CESSWI Ryan Kearns, CPSWQ, QSD/P Allen Xie, PE, QSD/P, QISP Tammy Takigawa, PE, ENV SP, QSD/P Chris Pendroy, ENV SP, CPSWQ, QSD/P 2.2 Meet Your Key Personnel Dr. Gerald "Gerry" Greene, DEnv, PE, QEP, QSD/P is your Project Manager. Gerry has over three decades of experience providing solutions to NPDES MS4 permitting and compliance, data review, water quality monitoring, and Inspection challenges nearby clients such as the Cities of Azusa, Covina, Gardena, Glendora, Huntington Beach, Huntington Park, and San Gabriel, not to mention the City of Rosemead, have faced. Such tasks have Involved extensive coordination with watershed groups such as the Rio Hondo/San Gabriel River Water Quality Group (RH/SGRWQG) and Los Angeles River Upper Reach 2 Watershed Management Group (LARUR2 WMG), the Los Angeles RWQCB and the California State Water Resources Control Board (SWRCB). Gerry's most high-profile contracts as CWE's Director of Stormwater Included developing WMPs and EWMPs within Los Angeles County limits and Implementing the CIMP plans to assess the Impacts of discharges from the MS4 on receiving waters. Additionally, he oversees inspection staff and reviews documentation for a wide variety of stormwater Inspection types, including food service establishments. Prior to joining CWE, Gerry worked for 10 years as a Principal Civil Engineer and Stormwater Manager for the City of Downey, where he provided Implementation and renewal, program education and outreach, and training assistance as they all related to the MS4 Permit. GWE r%1 �{ City of Rosemead I� Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Jason Pereira, PE, CPSWQ, QSD/P, QISP, IGP/CGP-ToR I Principal -In - Charge and QA/QC Manager Jason Pereira Is a founding Principal of CWE with 27 years of experience In developing and Implementing stormwater management programs for compliance with NPDES Permit requirements and has prepared numerous documents for the implementation of pollution prevention practices Including WQMPs, SWPPPs, Erosion Control Plans, SPCC Plans, and TMDL Implementation Plans. He has worked extensively on projects to obtain tangible, cost-effective improvements in water systems and urban runoff water quality through proactive initiatives in regulatory compliance. As a technical expert, Jason has presented numerous workshops on critical water -related Issues at CASQA Annual Conferences and other events. Nan Jia, PE, QSD/P I Inspector Nan has over five years of experience providing implementation and monitoring services for clients such as the Rio Hondo/San Gabriel River Water Quality Monitoring Group, LAR UR2 Watershed Monitoring Group, Santa Ana Watershed Project Authority, and Cities of Gardena and La Habra Heights. Her additional duties include technical report writing, database management, water quality data analysis, assisting with SWPPP development, and conducting I/C facility inspections for compliance with MS4 regulations. Ryan Kearns, CPSWQ, QSD/P I Inspector Ryan has over six years of experience In watershed management, environmental compliance, and water quality sampling. Ryan currently assists lead scientists and engineers in environmental compliance permitting, water quality sampling, and preparing water quality monitoring plans and reports. He has completed over 4S0 I/C and FOG inspections for the City of Huntington Beach, and more than 850 I/C and FOG inspections for the Cities of Gardena, Azusa, and Glendora in the past eight months. Prior to joining CWE, Ryan worked as the Project Coordinator for Inland Empire Waterkeeper, where he conducted surface water quality monitoring, stormwater litigation monitoring and public outreach within the middle to upper Santa Ana Watershed. Alexa Reasoner, QSP, CESSWI I Inspector Alexa is an environmental scientist with broad experience conducting research for environmental, aerial, and topographic reports; assisting on environmental planning projects; fire Insurance map development; SWPPP development and reporting; Inputting data entry Into clients' desired databases; conducting field sampling; and completing chain -of - custody paperwork for sampling events. She has received a GIS accreditation from the University of California, Los Angeles Extension Program, making her well- equipped to handle data set collection and mapping responsibilities using existing software and applications. 2.3 Resumes Resumes for these key personnel and additional support staff are provided in Appendix A. GE. 4l w►i A,r City of Rosemead v` Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) 3. Company Qualifications To follow please find representative project descriptions and client references for sample relevant work within the last five years. City of Gardena MS4 NPDES Permit I/C Inspection Services CWE has been providing the City of Gardena with Increasing levels of Los Angeles RWQCB Coastal Los Angeles County Phase I MS4 NPDES Permit services. After being confronted by the Los Angeles RWQCB, regarding Irregular and incomplete consultant provided monitoring data, the city approached CWE to review their monitoring and MS4 Permit I/C Facility Inspection Programs. After conferring with Board staff to preclude conflicts for our ongoing clients, CWE prepared an Initial compliance assessment of these programs, updated City Management on our findings, and, on short notice, assumed responsibility for their Implementation. After again conferring with Board staff, CWE successfully completed water and suspended sediment quality monitoring at the three sites only to have the State and Regional Board Issue a $714,985 Administrative Civil Liability (ACL) enforcement action for the prior reporting Irregularities, while noting potential maximum statutory liabilities of over $12,000,000. Despite this, CWE continued to provide permitting, Interagency negotiations, dry -weather monitoring, outfall Inventory, non-stormwater discharge assessment, annual reporting, many hundreds of MS4 I/C inspections, scores of Industrial General Permit (IGP) non -filer referrals, and submission of a State Trash Policy Implementation Plan to the Los Angeles RWQCB. After which and despite apparently successful City Initiated litigation against the state, the ACL was rescinded. Beginning in Fiscal Year 2020-21, and despite pandemic caused constraints on the City budget, CWE will begin providing the full gamut of 2012 MS4 Permit services and assist the City in planning for cost-effective implementation of the fifth term MS4 NPDES Permit this year. City of Glendora NPDES and Water Quality Administration CWE provided NPDES Permit and Water Quality Administration services to assist the City of Glendora with the Los Angeles County MS4 Permit, Construction General Permit (IGP), IGP, and General Permit for Drinking Water System Discharges. Overall services Included providing support for the Planning and Land Development, Development Construction, I/C Facilities Control, Public Agency Activities, IC/ID Elimination, and Public Information and Participation Programs. Tasks included program management and regulatory support, Permittee - owned facility Stormwater Pollution Prevention Plan (SWPPP) preparation, SWPPP and Low Impact Development (LID) Plan review, Enforcement Response Plan development, training, construction and industrial/commercial facility stormwater inspections, representation at Permittee meetings, and TMDL Implementation assistance. Inspection information was entered Into a Microsoft Access database, and an ArcGIS layer was developed using an attribute table with each commercial/Industrial facility's coordinates. GE. n Z City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) San Bernardino County NPDES Stormwater Program Regulatory Assistance CWE provided the San Bernardino County Flood Control District (SBCFCD) and its 17 Co -Permittees with on-call NPDES regulatory assistance to comply with the San Bernardino County MS4 Permit since 2007. Services included: preparing an annual report and coordinating with Co -Permittees and stakeholders; public education and outreach services; developing Local Implementation Plans (LIPs) to fulfill MS4 Permit requirements; preparing Stormwater Program documents and ordinances; conducting post -construction BMP inspections to verify compliance with Water Quality Management Plans (WQMPs) and grading plans and suggested California Stormwater Quality Association (CASQA) design provisions; technical support to execute stormwater permit requirements; qualified SWPPP Qualified SWPPP Developer/Practitioner (QSD/P) training; strategy planning and assistance with the preparation of the Report of Waste Discharge (ROWD) for the Fifth Term MS4 Permit; and regulatory support for a Santa Ana RWQCB audit of the New Development and Redevelopment Program. Los Angeles River Upper Reach 2 Coordinated Integrated Monitoring Program Implementation Through the Gateway Water Management Authority (GWMA), CWE is �.... * •• providing the Los Angeles River Upper Reach 2 Watershed Management Area (LAR UR2 WMA), with MS4 NPDES Permit Coordinated Integrated Monitoring Program (CIMP) implementation Q. services. This group is comprised of the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, and Vernon, and the LACFCD. Services provided have Included project -specific Health and Safety Plan (HASP) preparation; Quality Assurance Project Plan (QAPP) preparation; USACE, LACFCD, and municipal Access and Encroachment Permit procurement; receiving and stormwater outfall water quality monitoring; GIS based outfall Inventory preparation; and Non-Stormwater Discharge (NSWD) outfall screening. Ongoing services include project management, meeting coordination, weather tracking, monitoring event coordination, water quality sample collection from two fixed and six rotating stormwater outfall sites for two dry and three storm events per year, preparing field logs and site assessment photos, laboratory coordination and Quality Assurance/Quality Control (QA/QC), data management, semi-annual data reporting in CEDEN format, draft and final MS4 Permit consolidated annual report preparation. Los Angeles County flood Control District Mass Emissions and Tributary Station Water Quality Monitoring }t CWE assisted with Mass Emissions Station Monitoring Program implementation services for the 2020-2021 fiscal year, which includes sampling preparation, pre -storm season equipment blank sampling, storm tracking and sampling team coordination, wet- and dry -weather sampling, data analysis, and semi-annual data reporting. Sampling sites include the County Island Outfall Site, and the Coyote Creek, Los Angeles River, Malibu Creek, San Gabriel River, and Santa Clara River Mass Emissions Station. CWE is utilizing ABC, Enthalpy, and Euroflns as analytical laboratories for collected samples. In accordance with NPDES MS4 Permit Order No. R4-2012-0175, the receiving water monitoring program determines whether RWLs are being achieved, assesses trends in pollutant GWE lJ City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) concentrations over time or during spedfled conditions, and determines whether the designated beneficial uses are fully supposed as determined by water chemistry, aquatic toxicity, and bioassessment monitoring. CWE Is currently performing the same work for the 2021-2022 and 2022-2023 fiscal years. Additionally, CWE has assisted with several special Investigations and studies on short notice, including as the Friday, October 81h 2021 Dominguez Channel odor investigation, when the County requested CWE to conduct a sampling event in Carson due to a reported foul odor In Dominguez Channel that locals claimed to be making them sick. In coordination with LACPW and LACFCD, CWE Initiated sampling preparation, determined a monitoring analysis list, and collected and submitted samples from various monitoring locations on the same day. Following the initial sampling effort, two follow-up monitoring events were conducted to further assist with the source Investigation effort. Analytical results were thoroughly analyzed and reported in California Environmental Data Exchange Network (CEDEN) format. 4. References CWE Is proud of our outstanding reputation for providing quality service to our esteemed clients. We invite you to contact the following references to hear what our clients say about working with CWE! Contact Kevin Kwak Telephone (310)217-9643 Email I kkwak@dtvofaardena.oro Contact Alison Sweet Telephone (626)914-8246 Email asweet@citvofglendora.oro Contact Arlene Chun Telephone (909)387-8109 Email arlene.chun@dpw.sbcounty.gov 5. Standard City Contract and Insurance Requirements CWE will comply with all aspects of the Standard City Contract and Insurance Requirements. 6. Addenda Acknowledgement No addenda were released by the City. GE (\_ O O M O CL O A r-% | ■ e4l, / ) ƒ e�N �■ � G}( \ § f xmM-M kkE &=m©2,&&m��&■ !i § a ■ «k - ; m ■ £! ! ; ! 2 !�`ei '■ `$r| ! �7 ��k)17!l�;;■|. / ) ƒ e�N �■ � ... ' City of Rosemead v� Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional N� Compliance and Support Services (RFP No. 2022-18) Appendix A Resumes GE yy(� City of Rosemead T Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Gerald "Gerry" Greene DEnv, PE, QEP, QSD/P Project Manager Dr. Gerald "Gerry" Greene has provided comprehensive water quality services to Southern California agencies that include development of monitoring plans, conducting water quality sampling, providing water quality monitoring plan review, performing feasibility studies, and assisting agencies with environmental compliance and permitting. Prior to joining CWE, he served as Principal Civil Engineer for the City of Downey for over a decade, and he is well -versed in Los Angeles County preferences, policies, and procedures. Gerry's expansive knowledge of local, societal, and physical conditions adds a valuable dimension to the assistance he provides to Los Angeles County clients. RELEVANT EXPERIENCE City of Rosemead MS4 NPDES Permit Inspection Services Project Manager for providing I/C, redevelopment construction, and post -construction BMP inspections. Inspection tasks included I/C Inspections of approximately 200 food service, 100 automotive repair, 20 retail gasoline outlets, and 6 nursery facilities; up to 4 redevelopment construction inspections once per month; post - construction BMP Inspections; and incorporating inspection data Into an electronic database containing geographic references that allow information to be mapped and integrated Into a GIS tracking system. Additional tasks performed included: staff training on construction/erosion plan review and permitting, erosion/sediment control plan Inspections, and staff IC/ID response; developing activity -specific public education content regarding source control BMPs and use and disposal of pollutants relevant to Rio Hondo Reach 3 and downstream receiving water Impairments; redevelopment planning; public facility inventory and inventory of regional BMP development opportunities; Identifying regional BMP projects for strategic and cost-effective analyses; public activity management; Installing full capture devices and conducting DGR studies for trash TMDL compliance; ICJID investigation and elimination; and annual reports submitted to the Upper Los Angeles F Years of Experience 31 Education DEnv, Environmental Science and Engineering, University of California, Los Angeles MS, Biology, California State University, Long Beach BA, Biology and Economics, University of California, Los Angeles Registrations Civil Engineer, CA, 55597 Qualified Environmental Professional, 11960237 Qualified SWPPP Developer/ Practitioner, 00176 Awards and Recognition Storm Water Solutions magazine, "Industry Icon," 2015 Iver EWMP Group Lead Agency. Los Angeles River Upper Reach 2 Watershed Management Program and Coordinated Integrated Monitoring Program Project Manager for the development of a WMP, CIMP plan, and RAA for the LAR UR2 WMA. Tasks managed Include developing a WMP that assesses water quality Improvements to ensure compliance with the MS4 Permit and allows the LAR UR2 WMA Permittees to develop a plan that comprehensively evaluates opportunities to implement multi -benefit projects, GE. U City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) research and development of the CIMP and RAA, and preparing a CIMP detailing provisions to assess whether inflows are in compliance with MS4 Permit WQBELs and demonstrating that, following the Implementation of the WMP practices and projects, discharges originating from within the LAR UR2 WMA will be in compliance with the NPDES MS4 Permit WQBELs and RWLs. Managed the development an RAA that characterizes the water bodies to meet the RWL and WQBEL requirements. Los Angeles River Upper Reach 2 CIMP Implementation Project Manager providing the LAR UR2 WMA, through the Gateway Watershed Management Authority (GWMA), with CIMP Implementation services. Services provided Included preparing a project -specific Health and Safety Plan, QAPP preparation, recommending, specifying, and procuring/leasing monitoring equipment, obtaining permits from the LACFCD, Installing receiving water, TMDL, and stormwater outfall sampling stations, GIS outfall inventory, and non-stormwater outfall screening and monitoring. Ongoing services Include project management, coordination and meetings, pre -sampling event preparation, tracking Inclement weather and activating sampling teams, collecting and analyzing dry- and wet -weather samples from one receiving water and TMDL site, and one fixed and six rotating stormwater outfall sites, preparing field logs and site assessment photos, coordination with multiple laboratories and Quality Assurance/Quality Control (QA/QC) of water quality results, data management and report preparation, semi-annual data reporting, water quality data submission In CEDEN format, draft and final annual report preparation, and CIMP evaluation and revision. City of Gardena MS4 Permit Monitoring Program Services Project Manager providing the City of Gardena with Increasing levels of Los Angeles RWQCB Coastal Los Angeles County Phase I MS4 NPDES Permit services. After being confronted by the Los Angeles RWQCB, regarding Irregular and Incomplete consultant provided monitoring data, the City approached CWE to review their monitoring and MS4 Permit I/C Facility Inspection Programs. After conferring with Board staff to preclude conflicts for our ongoing clients, Gerry managed the prepared an Initial compliance assessment of these programs, updated City Management on our findings, and, on short notice, assumed responsibility for their implementation. After again conferring with Board staff, Gerry managed the successfully completed water and suspended sediment quality monitoring at the three sites, only to have the State and Regional Board Issue a $714,985 ACL enforcement action for the prior reporting Irregularities, while noting potential maximum statutory liabilities of over $12,000,000. Despite this, permitting, interagency negotiations, dry -weather monitoring, outfall Inventory, non-stormwater discharge assessment, annual reporting, many hundreds of MS4 I/C inspections, scores of IGP non -filer referrals, and submission of a State Trash Policy Implementation Plan to the Los Angeles RWQCB were continuously provided. City of Downey MS4 Permit Professional Services Represented municipal, watershed and regional Interests In the interpretation and subsequent implementation of disputed permit terms with state and federal regulatory agencies. Reviewed stormwater SUSMPs for regulatory, design, and drainage compliance. Met with project proponents, outlined SUSMP requirements, and assisted In the Identification of 303(d) list, TMDIs, and watershed specific and project specific pollutants of concern. Negotiated terms relating to BMP definitions, retention design volumes, annual reporting requirements, pollutant load reduction strategies, monitoring requirements, implementation schedules, catchment definition, interagency responsibility delegation, annual fees, water quality priorities, budget reporting, certification requirements, analytical chemistry QA/QC, and data Interpretation. Successfully clarified permit, reporting, and enforcement related disputes, and Indefinitely postponed proposed regulatory actions. GE n 11 3 City of Rosemead a , Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional K, Compliance and Support Services (RFP No. 2022-18) Jason Pereira, PE, CPSWQ, QSD/P, QISP, CGP/IGP-ToR Jason Pereira has 27 years of experience in developing and implementing stormwater management programs for compliance with NPDES Permit requirements. Before co-founding CWE, he was responsible for the development, coordination, implementation, and compliance of stormwater quality management programs for the LACPW. He developed and revised Model Stormwater Programs and other technical guidance documents to describe implementation measures, performed project planning and structural BMP design to enhance water quality and conducted program effectiveness evaluations to determine permit compliance, facilitated Watershed Management Committee and Executive Advisory Committee meetings and corresponded with Los Angeles RWQCB staff, prepared annual reports, performed water quality monitoring, conducted IC/ID Investigations, provided SUSMP plan check reviews, and provided I/C facility, municipal yard, and construction site inspections. RELEVANT EXPERIENCE City of Los Angeles Upper Los Angeles River Enhanced Watershed Management Program Project Manager assisting in the development of an EWMP for the County of Los Angeles, Los Angeles County Flood Control District, and Cities of Alhambra, Burbank, Calabasas, Glendale, Hidden Hills, La Canada Flintridge, Los Angeles, Montebello, Monterey Park, Pasadena, Rosemead, San Fernando, San Gabriel, San Marino, South Pasadena, and Temple City. Tasks managed included: enhancing water quality measures, assessing discharges from the MS4 on receiving waters, monitoring compliance with the Los Angeles County MS4 Permit, Identifying existing control measures, summarizing BMP performance data, developing an effectiveness tracking template for new developments and redevelopments, and assessing RWL and WQBEL compliance. City of Glendora NPDES and Water Quality Years of Experience 27 Education BS, Civil Engineering, University of California, Los Angeles Registrations Civil Engineer, CA, 61509 Certified Professional in Storm Water Quality, 527 Qualified SWPPP Developer/ Practitioner, 21 Qualified Industrial Stormwater Practitioner, 090 Industrial General Permit Tralner of Record, 090 Construction General Permit Trainer of Record Awards and Recognition Stone Water Solutions magazine, "Industry Icon," 2015 Administration Project Manager for ongoing NPDES Permit and Water Quality Administration services to assist with the Los Angeles County MS4 Permit, IGP, and CGP compliance. Tasks Include: providing support for the Development Planning and Construction, Industrial/Commercal Facilities Control, Public Agency Activities, IC/ID Elimination, and Public Education Programs; providing program management and regulatory support; conducting a portion of more than 500 FOG inspections and 350 Industrial/commercial facility stormwater compliance inspections; corporate yard facility SWPPP preparation; SWPPP and LID plan check review; staff training; and TMDL Implementation assistance. Or u W City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Performed a Program Effectiveness Assessment of the City's Stormwater Management Plan and assessed the FOG Control Program to determine compliance with SSO requirements. San Bernardino County Areawide Stormwater Program Implementation Assistance Project Manager for preparing an Annual Report and updating of the MSWMP for the County of San Bernardino Areawide Stormwater Program to meet the requirements for the NPDES MS4 Permit for urban stormwater discharges. Tasks managed include: coordination of meetings with Permittee staff to review the Scope of Work and proposed project schedule, confirm project milestone dates and deliverables, discuss available data sources and the reporting format, clarify MS4 Database use and data collection methods, and review comments received from the RWQCB; data collection In the form of MS4 data templates; review of collected data from the MS4 Database for discrepancies, completeness, and required reporting; analysis of the MS4 Program's effectiveness and compliance with key permit requirements; draft and final annual report preparation; and draft and final update of the MSWMP. City of Visalia Development of Citywide Stormwater Management Plan Project Manager for the preparation of a citywide Stormwater Management Plan as outlined by the SWRCB Phase II Small MS4 General Permit for stormwater discharges. The 2013 Phase II Small MS4 General Permit identifies permit requirements, including program management, public education and outreach, public involvement and participation, illicit discharge detection and elimination, construction site stormwater runoff control, pollution prevention/good housekeeping for the Permittee Operations Program, post -construction stormwater management, water quality monitoring, program effectiveness assessment and Improvement, TMDL compliance, and an annual reporting program. Tasks Include: preparing a Stormwater Management Plan and documenting implementation progress and program effectiveness, facilitating public participation during plan development, and preparing a five-year estimate of financlal and staffing needs for plan Implementation. City of Carson Stormwater Management and Civil Engineering Services Project Manager for stormwater management and engineering services to comply with the Los Angeles County MS4 Permit, CGP, and Los Angeles River and Dominguez Channel TMDLs. Responsibilities included: program management, representation at the Los Angeles River Watershed Management Committee and Los Angeles River Jurisdictional Group 1 Metals TMDL meetings, Development Planning and Construction Program implementation, SWPPP and SUSMP plan check reviews, City Yard post -construction BMP retrofit Investigation, technical review of the Machado Lake Toxics TMDL, development of a City specific Metals TMDL Implementation Pian, a watershed boundary analysis to determine the City's funding and preparation obligations for the Los Angeles River Metals TMDL Implementation Plan, and assistance in procuring a $2.5 -million Greater Los Angeles County Region Integrated Regional Water Management (GLACR IRWM) grant for the installation of 1,800 Automatic Retractable Screen (ARS) catch basins. City of Santa Clarita NPDES Permit Compliance Services Project Manager for the Implementation of stormwater management programs to comply with the Los Angeles County MS4 Permit and CGP. Tasks managed included: reviewing more than 100 SWPPPs and SUSMPs for construction and new development and redevelopment projects; meeting with developers, architects, and engineers to assist with the identification of opportunities to Integrate stormwater BMPs and LID strategies Into project plans; stormwater compliance training; regulatory support; and assistance with audits conducted by the Los Angeles RWQCB and USEPA. GE rN a City of Rosemead v� Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional K� Compliance and Support Services (RFP No. 2022-18) Nan Jia, PE, QSD/P Nan Jla has five years of experience in technical report writing, database management, water quality monitoring, and water quality data analysis. Her duties have Included preparing compliance documents, including: SWPPPs, Exceedance Response Action Plans, and MS4 Program Effectiveness Assessment Annual Reports; assisting municipalities to develop inspection programs and conducting over 600 I/C inspections; conducting CGP inspections for linear projects under the supervision of a QSP; performing water sampling for various watershed groups and construction projects; compiling and reviewing data on Stormwater Multiple Application and Report Tracking System (SMARTS), preparing water quality monitoring data Into CEDEN format, and using Excel to conduct statistical data analysis; and leading water quality studies, such as pollutant load analysis for runoff diversion project and BMP effectiveness studies for green street projects. RELEVANT EXPERIENCE Years of Experience Education MS, Civil and Environmental Engineering, University of California, Irvine BS, Environmental Sciences, Rio Hondo San Gabriel River Water Quality Group CIMP Unlversityof Minnesota, Twin Implementation Monitoring Lead for RH/SGRWQG CIMP Cities implementation services. This group is comprised of the cities of Registrations Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre; Civil Engineer, CA, 92333 County of Los Angeles; and LACFCD. Services included preparing Qualified SWPPP Developer/ a project -specific Health and Safety Plan (HASP), obtaining access permits from the LACFCD, conducting Rio Hondo Pre -Load Practitioner, 27876 Reduction Strategy (LRS) monitoring, GIS outfall Inventory, and non-stormwater outfall screening and monitoring. Ongoing services include: meeting coordination; weather tracking; dry- and wet -weather water quality monitoring at five receiving water sites, including Peck Road Park Lake and five stormwater outfall sites; preparing field logs and site assessment photos; laboratory coordination; QA/QC of results; data management and report preparation; semi-annual data submission in CEDEN format; and draft and final consolidated annual report preparation. Los Angeles County Flood Control District Mass Emissions Water Quality Monitoring Project Manager for mass emissions monitoring, along with preparing the draft Annual Monitoring Report for the LACFCD. Storm event water quality samples were collected from improved and natural conveyances, using both grab and autosampler methods for over 1,140 square miles of tributary watershed area. Specific tasks managed included: Standard Operating Procedures (SOP) development, Operations and Maintenance (0&M) of water quality sampling equipment, Inclement weather forecasting and tracking; client, consultant, shift change, and laboratory coordination; preparing and mobilizing two - person sampling crews; collecting grab and composite water quality samples under inclement conditions; conducting field analytical analyses; delivering samples under Chain -of -Custody (CoC) to designated laboratories; and preparing stormwater event field logs and monitoring reports. Or V V City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) San Bernardino County Areawide Stormwater Program Implementation Assistance Environmental Scientist for preparing an Annual Report and updating of the Municipal Stormwater Management Plan (MSWMP) for the County of San Bernardino Areawide Stormwater Program to meet the requirements for the NPDES MS4 Permit for urban stormwater discharges. Tasks Include: coordination of meetings with Permittee staff to review the Scope of Work and proposed project schedule, confirm project milestone dates and deliverables, discuss available data sources and the reporting format, clarify MS4 Database use and data collection methods, and review comments received from the RWQCB; data collection In the form of MS4 data templates; review of collected data from the MS4 Database for discrepancies, completeness, and required reporting; analysis of the MS4 Program's effectiveness and compliance with key permit requirements; draft and final annual report preparation; and draft and final update of the MSWMP. City of Huntington Park MS4 NPDES Permit Inspection Services Inspector providing 20 to 30 MS4 Permit maintenance Inspections for I/C facilities and a variety of other Inspection services per year to the City of Huntington Park. To alleviate an Inspection backlog using funds that would otherwise be lost, CWE developed a business outreach program and then utilized eight staff members to successfully completed 549 facility Inspections and visits In only six weeks. Tasks include: updating the City Business License Database to conform with MS4 Permit requirements; establishing business Inspection criteria and priorities; developing effective Industry -specific outreach letters; preparing Inspection checklists and forms; conducting comprehensive field inspections of the facilities, including drainage characteristics reviews, pollutant source Identification, and Illicit discharge control; documenting observed conditions for education or enforcement; and developing geographic references to facilitate future Integration Into a GIS tracking system. City of Huntington Beach Industrial/Commercial, Construction, and FOG Inspections Environmental Compliance Inspector for providing over 150 I/C inspections and over 1,000 Fats, Oils, and Grease (FOG) inspections for food service locations in the City of Huntington Beach. The I/C Inspections are required per the North Orange County MS4 Permit and the FOG Inspections under General Pretreatment Regulations (40 CFR Part 403), which requires industrial dischargers to use treatment techniques and management practices to reduce or eliminate the discharge of harmful pollutants to sanitary sewers. Tasks Included preparing Inspection checklists and forms, conducting I/C and FOG Inspections, Identifying pollutants and illicit discharges into the storm drain system, documenting observed conditions, providing owners/operators with educational materials to prevent future violations, and Incorporating data into an electronic database containing geographic references that allow Information to be mapped and Integrated Into a GIS tracking system. City of Moreno Valley NPDES Consulting and WQMP Plan Check Services Plan Check Support on Water Quality Management Plans (WQMPs) for the City of Moreno Valley. Receives both preliminary and final WQMPs from developers and performs review services per the NPDES MS4 Permit, Riverside County LID BMP Design Manual, and the Guidance Manual. The task involves careful inspection of submitted documents, deep knowledge of the relevant local ordinances, and frequent communications with developers and with City planning and engineering staff members. Redlined plans, documents, a review checklist, and a comment letter are prepared and returned to the developer (if changes are needed) within 10 days. GE rN ovi City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional 41 Compliance and Support Services (RFP No. 2022-18) Ryan Kearns, CPSWQ, QSD/P Ryan Kearns has six years of experience in watershed management, environmental compliance, and water quality sampling. Prior to joining CWE, he worked as the Project Coordinator for Inland Empire Waterkeeper, where he conducted surface water quality monitoring, stormwater litigation monitoring and public outreach within the middle to upper Santa Ana Watershed. He now performs environmental compliance permitting, water quality sampling, and preparing water quality monitoring plans and reports. RELEVANT EXPERIENCE City of Rosemead MS4 NPDES Permit Inspection Services Inspector for providing I/C, redevelopment Education construction, and post -construction BMP Inspections for the City of BS, Chemical Engineering, Rosemead. Inspection tasks Included I/C inspections of University of California, approximately 200 food service, 100 automotive repair, 20 retail Riverside gasoline outlets, and six (6) nursery facilities; up to four (4) Registrations redevelopment construction Inspections once per month; post - construction BMP Inspections; and incorporating inspection data Certified Professional into an electronic database containing geographic references that Storm Water Quality, 1 1317 allow information to be mapped and integrated into a GIS tracking Qualified SWPPP Developer/ system. Additional tasks performed included: staff training on Practitioner, 28158 construction/erosion plan review and permitting, erosion/sediment control plan Inspections, and staff IC/ID response by one of CWE's registered QISPs; developing activity -specific public education content regarding source control BMPs and use and disposal of pollutants relevant to Rio Hondo Reach 3 and downstream receiving water impairments; redevelopment planning; public facility inventory and Inventory of regional BMP development opportunities; identifying regional BMP projects for strategic and cost-effective analyses; public activity management; installing full capture devices and conducting DGR studies for trash TMDL compliance; IC/ID investigation and elimination; and annual reports submitted to the Upper Los Angeles River EWMP Group Lead Agency. City of Visalia Citywide Stormwater Management Plan Development Environmental Scientist for the preparation of a citywide Stormwater Management Plan as outlined by the SWRCB Phase II Small MS4 General Permit for stormwater discharges. The 2013 Phase II Small MS4 General Permit Identifies permit requirements, including program management, public education and outreach, public Involvement and participation, illicit discharge detection and elimination, construction site stormwater runoff control, pollution prevention/good housekeeping for the Permittee Operations Program, post - construction stormwater management, water quality monitoring, program effectiveness assessment and Improvement, TMDL compliance, and an annual reporting program. Tasks include: preparing a Stormwater Management Plan and documenting implementation progress and program effectiveness, facilitating public participation during plan development, and preparing a five-year estimate of financial and staffing needs for plan implementation. GEM 40 City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Santa Ana Watershed Project Authority Water Quality Study Impact of Homelessness Environmental Scientist for the development of a preliminary monitoring plan to assess potential impacts to water quality, riparian areas, and aquatic habitats from the presence of homeless encampments in the Upper Santa Ana River Watershed. While homeless encampments have the potential to impact water quality in a number of ways, including through trash and wildfires, data that directly links homeless encampments to water quality impairment Is limited. The monitoring plan was prepared in alignment with California SWRCB protocols to quantify homelessness impacts on water quality. The preliminary monitoring plan and approach was presented to the SAWPA Commission and Middle Santa Ana River TMDL Task Force. Through the future implementation of this monitoring program, SAWPA and watershed stakeholders will be able to analyze collected data points and trends to make critical decisions and prioritize resources to reduce and/or eliminate the most significant contributors to water quality and habitat degradation. Santa Ana Watershed Project Authority Middle Santa Ana River Bacteria TMDL Monitoring Program Implementation Monitoring Support performing water quality monitoring services to assist the Santa Ana Watershed Project Authority (SAWPA) with Bacteria TMDL compliance through implementing the Santa Ana River Watershed Bacteria Monitoring Plan and QAPP. The program covers the entire Santa Ana River Watershed, including the southwestern part of San Bernardino County, northwestern part of Riverside County, and a small portion of Los Angeles County. Tasks Include: calibrating and maintaining field meters; preparing CoC forms; obtaining and labeling sample containers; decontaminating sample collection materials using the disinfection/rinse method; collecting grab samples at various creeks, rivers, and channels during dry- and wet -weather events; making field observations, photo documentation, and recording observational data; operating field meters for measuring field parameters for temperature, dissolved oxygen, conductivity, turbidity, and pH; and delivering the samples under CoC to the laboratory within limited sample hold times. City of Gardena MS4 Permit Monitoring Program Services Monitoring and Inspection Support providing the City of Gardena with Increasing levels of Los Angeles RWQCB Coastal Los Angeles County Phase I MS4 NPDES Permit services. After being confronted by the Los Angeles RWQCB, regarding Irregular and incomplete consultant provided monitoring data, the City approached CWE staff to review their monitoring and MS4 Permit I/C Facility Inspection Programs. After conferring with Board staff to preclude conflicts for our ongoing clients, an Initial compliance assessment of these programs was prepared, updated City Management on the findings, and, on short notice, assumed responsibility for their Implementation. Los Angeles River Upper Reach 2 CIMP Implementation Monitoring Lead providing the LAR UR2 WMA, through the GWMA, with CIMP Implementation services. Services provided Included preparing a project -specific Health and Safety Plan, QAPP preparation, recommending, specifying, and procuring/leasing monitoring equipment, obtaining permits from the LACFCD, Installing receiving water, TMDL, and stormwater outfall sampling stations, GIS outfall inventory, and non-stormwater outfall screening and monitoring. Ongoing services Include project management, coordination and meetings, pre -sampling event preparation, tracking Inclement weather and activating sampling teams, collecting and analyzing dry- and wet -weather samples from one receiving water and TMDL site, and one fixed and six rotating stormwater outfall sites, preparing field logs and site assessment photos, coordination with multiple laboratories and QA/QC of water quality results, data management and report preparation, semi- annual data reporting, water quality data submission in CEDEN format, draft and final annual report preparation, and CIMP evaluation and revision. GE r) n City of Rosemead v, Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Alexa Reasoner, asP, CEssWI Alexa Is an environmental scientist with broad experience conducting research for environmental, aerial, and topographic reports; assisting on environmental planning projects; fire Insurance map development; SWPPP development and reporting; Inputting data entry Into clients' desired databases; conducting field sampling; and completing chain -of -custody paperwork for sampling events. She recently received a GIS accreditation from the University of California, Los Angeles Extension Program, making her well-equipped to handle data set collection and mapping responsibilities using existing software and applications. RELEVANT EXPERIENCE City of Gardena MS4 Permit, Water Quality Monitoring, and Compliance Services Environmental Scientist for the development of public outreach materials as part of the requirements for Public Information and Participation Program to maintain coverage under the NPDES Phase I MS4 Permit issued by the County of Los Angeles. Tasks Include advertising and announcing stormwater pollution prevention and disseminate Information of proper handling and disposing of possible pollutants. City of La Habra Heights MS4 Permit Water Quality Years of Experience Education BS, Environmental Science and Policy, 2015, California State University, Long Beach Registrations OSHA 40 -Hour HAZWOPER, No.2102191363122 Certified Erosion, Sediment, & Storm Water Inspector, 00007267 Monitoring Environmental Scientist providing dry- and wet- Qualified SWPPP Practitioner, weather water quality monitoring, sample collection services, and 28177 preparing data in CEDEN format. Preparing sample containers and collection equipment; calibrate field parameter measurement Instruments (YSI, ProDSS); interpret weather forecasts; coordinate staff schedules; access difficult to reach monitoring locations during inclement conditions; photographically record observed field conditions; collect water quality samples, duplicates, and blanks; collect and verify field parameter measurements; complete water quality monitoring safety and field logs; review and Interpret analytical laboratory data reports. San Bernardino County On -Call Mojave River Watershed Group MS4 Permit Implementation Environmental Scientist assisting the County of San Bernardino, Town of Apple Valley, and Cities of Hesperia and Victorville, with the preparation of four Unified Annual Reports documenting implementation of the watershed's Stormwater Management Programs and compliance with the Phase II Small MS4 General Permit. Also developing a Model Stormwater Ordinance to address the General Permit requirements and incorporated new development and redevelopment provisions with LID strategies for the high desert region. Other on-call stormwater management services include program management, revision of the existing Stormwater Management Program, preparation of reports and plans to meet permit requirements, development and assistance with stormwater program Implementation, research to proficiently respond to document reviews, technical and regulatory support, and performance of permit compliance related services as deemed necessary by the member agencies. GWE V W City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) City of Visalia Citywide Stormwater Management Plan Development Environmental Scientist for the development of the Enforcement Response Plan to maintain coverage under the NPDES Phase II MS4 General Permit and to establish legal authority to employ enforcement actions to correct violations pertaining to non-stormwater or unauthorized discharges. The 2013 Phase II Small MS4 General Permit Identifies permit requirements, Including program management, public education and outreach, public Involvement and participation, Illicit discharge detection and elimination, construction site stormwater runoff control, pollution prevention/good housekeeping for the Permittee Operations Program, post -construction stormwater management, water quality monitoring, program effectiveness assessment and improvement, TMDL compliance, and an annual reporting program. Tasks include: preparing a Stormwater Management Plan and documenting implementation progress and program effectiveness, facilitating public participation during plan development, and preparing a five-year estimate of financial and staffing needs for plan Implementation. Los Angeles County Flood Control District Mass Emissions Water Quality Monitoring Environmental Scientist for mass emissions monitoring, along with preparing the draft Annual Monitoring Report for the LACFCD. Storm event water quality samples were collected from Improved and natural conveyances, using both grab and autosampler methods for over 1,140 square miles of tributary watershed area. Specific tasks managed included: Standard Operating Procedures (SOP) development, Operations and Maintenance (0&M) of water quality sampling equipment; inclement weather forecasting and tracking; client, consultant, shift change, and laboratory coordination; preparing and mobilizing two - person sampling crews; collecting grab and composite water quality samples under Inclement conditions; conducting field analytical analyses; delivering samples under Chain -of -Custody (CoC) to designated laboratories; and preparing stormwater event field logs and monitoring reports. Los Angeles River Upper Reach 2 CIMP Implementation Environmental Scientist providing sampling, draft and final annual report preparation, semi-annual CEDEN format data submission, and a SCWP annual plan as part of CIMP Implementation services provided for the LAR UR2 WMA, through the GWMA. This group is comprised of the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon, and the LACFCD. Services provided have Included preparing a project -specific HASP; QAPP preparation; obtaining access and encroachment permits from the USACE, LACFCD, and local municipalities; GIS outfall Inventory; and non-stormwater discharge outfall screening. Additional ongoing services include meeting coordination, weather tracking, dry- and wet -weather water quality monitoring at two fixed and six rotating stormwater outfall sites, preparing field logs and site assessment photos, laboratory coordination, QA/QC of results, data management. Rio Hondo/San Gabriel River Water Quality Group CIMP Implementation Environmental Scientist providing sampling, draft and final annual report preparation, and semi-annual CEDEN format data submission as part of Rio Hondo/San Gabriel River Water Quality Group CIMP implementation services. This group Is comprised of the cities of Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre; County of Los Angeles; and LACFCD. Services Included preparing a project -specific HASP, obtaining access permits from the LACFCD, conducting Rio Hondo Pre -LRS monitoring, GIS outfall Inventory, and non-Stormwater outfall screening and monitoring. Additional ongoing services Include: meeting coordination; weather tracking; dry- and wet -weather water quality monitoring at five receiving water sites, including Peck Road Park Lake and five stormwater outfall sites; preparing field logs and site assessment photos; laboratory coordination; QA/QC of results; and data management and report preparation. GE W City of Rosemead a Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Tammy Takigawa, PE, ENV SP, QSD/P Tammy Takigawa is a professional engineer and has been involved with a variety of civil design, water resources, and stormwater management projects. She has conducted thorough research on several projects for local municipalities, which involved compiling data and records related to utilities, hydrology and hydraulics, existing facility plans, and water quality. Tammy's duties include utilities research, BMP design, LID planning and Implementation, permitting, stormwater compliance, and feasibility assessments. RELEVANT EXPERIENCE City of Glendora NPDES and Water Quality Administration Assistant Engineer for ongoing NPDES Permit and Water Quality Administration services to assist the City with Los Angeles County Municipal NPDES Stormwater Permit, IGP, and CGP compliance. Tasks include: providing support for the Development Planning and Construction, Industrial/Commercial Facilities Control, Public Agency Activities, IC/ID Elimination, and Public Education Programs; providing program management and regulatory support; conducting a portion of more than 600 FOG Inspections and 350 industrial/commercial facility stormwater compliance inspections; corporate yard facility SWPPP preparation; SWPPP and LID Plan check review; staff training (Industrial SWPPP, IC/ID, Public Agency Activities, FOG, and LID Plan review); representation at Permittee meetings; and TMDL imple Program Effectiveness Assessment of the City's Stormwater Manager Control Program to determine compliance with SSO requirements. 4 7 Years of Experience 6.5 Education BS, Civil Engineering, California State University, Long Beach Registrations Civil Engineer, CA, 92021 Envision TM Sustainability Professional Credential, 21840 Qualified SWPPP Developer/ Practitioner, 27889 nentation assistance. Performed a rent Plan and assessed the FOG San Bernardino County Flood Control District On -Call Professional Engineering and Regulatory Compliance Services for NPDES Phase I MS4 Permit Implementation Assistance Assistant Engineer for as -needed NPDES Phase I MS4 Permit Implementation Assistance services provided to the County of San Bernardino and SBCFCD. Services performed include: collecting ROWD data, attending an Orange County MS4 Permit hearing on the County's behalf, providing staff augmentation with CG Resource Management and Engineering, preparing a Proposition 1 planning grant workplan and application for a Stormwater Resource Plan, post -construction BMP Inspections, LIP preparation for both the County and SBCFCD, and assisting with regulatory support for a Santa Ana RWQCB audit of the New Development and Redevelopment Program. Rio Hondo San Gabriel River Water Quality Group Enhanced Watershed Management Program This project was the recipient of the 2016 ASCE Metropolitan Los Angeles Branch Outstanding Water Treatment Project of the Year Award. Assistant Engineer for the development of an EWMP for the Rio Hondo/San Gabriel River Water Quality Group to enhance water quality, comply with the MS4 Permit, and provide other multiuse benefits. The Group consists of the County of Los Angeles, LACFCD, and the GE. MA City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Cities of Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre. Tasks included: developing project concepts for groundwater recharge and water quality enhancement; developing an EWMP Work Plan, RAA, and CIMP; regional project planning and screening; meetings with the Group to discuss progress; and project schedule and cost estimate development. The project also Included the preparation of an NOI to develop the EWMP and CIMP. City of Los Angeles Proposition O BMP Optimization Water Quality Monitoring Engineer coordinating three wet -weather and three dry -weather monitoring events annually at 10 Proposition 0 project locations. Tasks include: development of a Proposition O monitoring plan and Quality Assurance Project Plan (QAPP), weather forecasting and tracking, coordination of sampling events with the City of Los Angeles' Emergency Management Department (EMD), sample bottle preparation, field analytical analysis, field observation logging, collection and delivery of samples, data processing and analysis, and event summary technical memorandums. Monitoring is conducted at a total of thirty-five sites among the following Proposition 0 locations: Echo Park Lake, Grand Boulevard Tree Wells, Hansen Dam Wetlands Restoration, Imperial Highway Sunken Median, Mar Vista Recreation Center, Oros Green Street, Peck Park Canyon Enhancement, Penmar Water Quality Improvement, South LA Wetlands, and Westslde Park Irrigation. Various sites provide safety challenges, including lakes, median strips, underground vaults, and vehicle traffic. Monitoring includes analysis of constituents such as nutrients, metals, algae, bacteria, and pesticides. Results are analyzed in comparison with applicable limitations due to Total Maximum Daily Loads (TMDLs), California Toxic Rule (CTR), the basin plan, and Municipal Separate Storm Sewer System (MS4) permit requirements. Results are utilized to assess Best Management Practice (BMP) functionality and effectiveness in order to make recommendations and coordinates with the City and other consultants to identify program challenges and accomplishments. San Bernardino County NPDES Stormwater Program Regulatory Assistance and Related Services Assistant Engineer for providing On -Call NPDES Permit Compliance Services to the San Bernardino County Hood Control District (SBCFCD) and 17 Co -Permittees. Services provided Included: QSD/P training, development of a model stormwater and LID ordinance, assistance with a Regional Board audit of the County's New Development and Redevelopment Program, annual report preparation and coordination, development of the County and Flood Control District Local Implementation Plans, Stormwater Management Plan Implementation assistance, and technical support to execute stormwater permit requirements. Los Angeles River Upper Reach 2 CIMP Implementation Monitoring Support for CIMP implementation services provided for the LAR UR2 WMA, through the GWMA. This group is comprised of the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon, and the LACFCD. Services provided have included preparing a project -specific HASP; QAPP preparation; obtaining access and encroachment permits from the USACE, LACFCD, and local municipalities; GIS outfall Inventory; and non-stormwater discharge outfall screening. Ongoing services Include meeting coordination, weather tracking, dry- and wet -weather water quality monitoring at two fixed and six rotating stormwater outfall sites, preparing field logs and site assessment photos, laboratory coordination, QA/QC of results, data management, report preparation, seml-annual CEDEN format data submission, and draft and final annual report preparation. GE I) E City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Allen Xie, PE, QSD/P, QISP Allen Xie has 12 years of experience In inspections, monitoring, SWPPP development, hydraulic analysis, and civil design. He has performed duties including developing SWPPPs for Industrial and municipal facilities, conducting environmental monitoring for Industrial facilities, conducting groundwater monitoring, performing hydraulic analysis, conducting site assessments, conducting hydraulic studies, analyzing lab and field data to comply with regulatory permits, preparing traffic control studies, preparing and submitting compliance reports, and preparing seismic calculations for treatment structures. Allen has conducted Inspections in remote locations for utility substations, landfills, and wastewater treatment plants to assess BMP implementation and effectiveness and good housekeeping measures. RELEVANT EXPERIENCE City of Huntington Park MS4 NPDES Permit Inspection Services Inspector providing urban stormwater inspection services to assist the City of Huntington Park with MS4 Permit compliance. Successfully completed 549 inspections and facility visits over six consecutive weeks in 2016 as part of an organized team. Tasks performed Included establishing Inspection criteria, preparing inspection checklists and forms, conducting IGP and FOG Inspections, comprehensive field inspections, including drainage characteristics reviews and post -construction BMPs, identification of pollutants and illicit discharges into the storm drain system, documenting observed conditions, providing educational materials, and incorporating data into an electronic database containing geographic references that allow the information to be mapped and Integrated Into a GIS tracking system. Years of Experience 12 Education MS, Civil Engineering, California State University, Fullerton BS, Civil Engineering, California State Polytechnic University, Pomona Registrations Civil Engineer, CA, 85112 Qualified SWPPP Developer/Practitioner, 085112/27157 Qualified Industrial Stormwater Practitioner, PE85112 Los Angeles County Public Works On -Call Environmental Compliance Management Environmental Compliance Manager I assisting the LACPW's Environmental Compliance Project Manager and representing County's interests in the management of environmental compliance services for construction projects, including dewatering, and the excavation, handling and disposal of contaminated soil and water In addition to other hazardous materials, and noise and air concerns. Tasks include, but are not limited to, site assessment and mitigation reports; investigations Including field exploratory borings and analytical testing of the soil and water samples; reviewing construction plans, contract specifications, special provisions, and other documents; obtaining NPDES and Waste Discharge Requirement (WDR) permits for dewatering treatment systems, surface water diversion systems, and groundwater monitoring wells; preparing SWPPPs and conducting stormwater compliance training for appropriate staff; maintaining an in-house staff of professionals certified to perform asbestos or lead- based paint surveys; South Coast Air Quality Management District (SCAQMD) Rule 402, 403, 1166, 1466 and visual emissions evaluations; emission standards and regulations for vehicles; noise monitoring and mitigation; and work plan, HASP, and sampling and quality assurance document review. GWZ `J City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) City of Glendora Industrial/Commercial Facility Inspections Senior Engineer performing I/C facility inspections in compliance with the 2012 MS4 Permit for the City of Glendora. Tasks include: Identifying I/C facilities requiring inspections and performing I/C facility Inspections for 605 locations. Additional tasks include: notation of BMPs implementation, assessment of BMP effectiveness, Identification of BMP deficiencies, documentation of non-stormwater discharges and illicit connections, noting missing BMPs that are identified In the facility's SWPPP, photographing areas of concern, and working with the facility manager and/or responsible party to identify deficiencies and provide examples of BMP solutions to Implement and mitigate the deficient condition. Water Replenishment District of Southern California Staff Augmentation for Permitting Support Services Permitting Support providing more than 2,200 hours of staff augmentation from September 2019 to December 2021 for services under the instructions of the Water Quality and Regulatory Compliance Specialist. Tasks to cover the Water Replenishment District of Southern California's (WRD's) 420 -square -mile service area include preparing, filing and maintaining all regulatory applications, reports, and records for NPDES permits, WDR permits, IGPs, Title 22 Engineering Reports, and five-year engineering reports; managing various permits and making modifications and renewals as necessary; reviewing water quality data, laboratory reports, and operation data; QA/QC of monthly, bimonthly, quarterly, semi-annual, and annual reports; communicating with operations staff, laboratory staff, and WRD staff as necessary to complete tasks; QA/QC of WRD's water quality database and historian operation database; and reviewing and documenting current regulating reporting process in preparation of formulating standard operating procedures. City of Los Angeles Proposition O BMP Optimization Water Quality Monitoring Monitoring Support responsible for coordinating eight wet -weather and seven dry -weather monitoring events, over three years, at up to 35 sites spread among eleven Proposition O BMP project locations. Tasks Include: development of a Monitoring Plan and QAPP, weather forecasting and tracking, coordination of sampling events with the City of Los Angeles' Environmental Monitoring Division (EMD), sample bottle preparation, field analytical analysts, field observation logging, collection and delivery of samples, data processing and analysis, and event summary technical memorandums. Various sites provide safety challenges, Including lakes, median strips, underground vaults, and vehicle traffic. Monitoring Includes analysis of constituents such as nutrients, metals, algae, bacteria, and pesticides. Results are analyzed In comparison with applicable limitations due to TMDLs, California Toxics Rule (CTR), the basin plan, and MS4 permit requirements. Results are utilized to assess BMP functionality and effectiveness in order to make recommendations and coordinates with the City and other consultants to Identify program challenges and accomplishments. City of San Gabriel I/C and FOG Inspections Senior Engineer for providing I/C and FOG food service and restaurant inspection services to the City of San Gabriel. The City developed an EWMP Plan, approved by the Los Angeles RWQCB, that requires the City to identify track, educate, and verify Implementation of runoff pollutant source control BMPs at all I/C facilities. The MS4 Permit also requires Permittees to conduct commercial inspections at food service, automotive repair, retail gasoline outlet, and nursery centers. Additional tasks Included drafting I/C facility inspection notification letters, Inspection forms, and bilingual BMP factsheets; conducting inspections; and incorporating data Into an I/C Facility Inspection ExcelTm database and converting it to ArcGIS shapefiles. GE ra n City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Chris Pendroy, ENV SP, CPSWQ, QSD/P Chris Pendroy is experienced in inspecting numerous capital improvement projects In order to verify compliance with construction plans, specifications, and regulatory requirements. His expertise Includes conducting field visits and job walks, completing structural calculations, managing utility coordination and research, developing Improvement plans, and coordinating with local residents, municipalities, and staff to ensure successful project completion. Chris' duties include conducting post -construction BMP inspections, QSP inspections, SWPPP development reviews, preparing plans for complex BMP infrastructure, gathering data and preparing stormwater master plans, and assisting clients with regulatory compliance. RELEVANT EXPERIENCE City of Glendora NPDES and Water Quality Administration Senior Engineer for ongoing NPDES Permit and Water Quality Administration services to assist the City with Los Angeles County Municipal NPDES Stormwater Permit, IGP, and CGP compliance. Tasks Include: providing support for the Development Planning and Construction, Industrial/Commercial Facilities Control, Public Agency Activities, IC/ID Elimination, and Public Education Programs; Years of Experience 27 Education MS, Civil & Environmental Engineering, 1994, University of California, Irvine BS, Civil Engineering, 1992, University of California, Irvine Registrations Envision'M Sustainability Professional Credential, providing program management and regulatory support; conducting 14225 a portion of more than 600 FOG Inspections and 350 industrial/commercial facility stormwater compliance inspections; Certified Professional in corporate yard facility SWPPP preparation; SWPPP and LID Plan Stormwater Quality, 93 check review; staff training (Industrial SWPPP, IC/ID, Public Agency Qualified SWPPP Developer Activities, FOG, and LID Plan review); representation at Permittee and Practitioner, CA, 24503 meetings; and TMDL implementation assistance. Performed a Program Effectiveness Assessment of the City's Stormwater Management Plan and assessed the FOG Control Program to determine compliance with SSO requirements. City of La Canada Flintridge NPDES Permit Compliance Services Senior Engineer assisting the City of La Canada Flintridge with Los Angeles County Municipal NPDES Stormwater Permit and Construction General Permit compliance. Providing services involving stormwater guidance document preparation, Development Planning Program Implementation, performing SWPPP and SUSMIP plan check reviews, preparing conditions of approval for priority planning projects, performing stormwater compliance Inspections, and developing an electronic tracking database for construction projects. Los Angeles County Mass Emissions and Tributary Station Water Quality Monitoring Senior Engineer for provided mass emissions and tributary monitoring at eight stations, along with preparing the draft Annual Monitoring Report for the LACFCD. Storm event water quality samples were collected from Improved and natural conveyances, using both grab and autosampler methods for over 1,140 square miles of tributary watershed area. Specific tasks included: SOP development, Operations and GWE i City of Rosemead Proposal to Provide Municipal Separate Storm Sewer System (MS4) Permit Professional Compliance and Support Services (RFP No. 2022-18) Maintenance (O&M) of water quality sampling equipment; Inclement weather forecasting and tracking; client, consultant, shift change, and laboratory coordination; preparing and mobilizing two -person sampling crews; collecting grab and composite water quality samples under Inclement conditions; conducting field analytical analyses; delivering samples under chain -of -custody to designated laboratories; and preparing stormwater event field logs and monitoring reports. City of Los Angeles Temescal Canyon Park Stormwater BMP Project and SWPPP Provided BMP Inspections to the City of Los Angeles during the construction of a new Stormwater pre-treatment facility to remove trash, debris, coarse sediment, oil, and grease prior to downstream treatment at the Hyperion Treatment Plant. Tasks included preparing a Risk Level 2 SWPPP in compliance with the CGP and special provisions of the project, preparing PRDs, Implementing BMP and maintenance schedules, performing weekly BMP Inspections to ensure proper installation and maintenance, preparing REAPs for the project site 48 hours prior to anticipated precipitation, and uploading data and certifications to SMARTS. San Bernardino County Department of Public Works Post -Construction BMP Inspections Senior Engineer for inspections of discretionary projects provided to the San Bernardino County Department of Public Works to verify that WQMP features were being Installed in accordance with the approved WQMP and grading plans and suggested BMP design provisions In the CASQA Stormwater BMP Handbook — New Development and Redevelopment. Inspections ensured that BMPs were Installed properly per the approved plans and functioned as Intended. These post -construction BMP inspections assisted the County of San Bernardino with the San Bernardino County MS4 NPDES Permit's New Development and Redevelopment Program compliance. Task performed included Identifying observed WQMP deficiencies for design Flaws, vector breeding Issues, Inadequate infiltration, safety concerns, or other site conditions that prevent construction of WQMP features. For projects that required modification, detailed reports were prepared with redesign recommendations and suggestions. City of Santa Clarita NPDES Permit Compliance Services Senior Engineer for assisting with NPDES Permit implementation services to ensure compliance with the Los Angeles County Municipal NPDES Stormwater Permit and Construction General Permit. Responsibilities Included program management, regulatory support, attending Los Angeles County Executive Advisory Committee meetings, public education, construction site Stormwater compliance inspections, SWPPP and SUSMP plan check reviews, industrial/commercial facility inspections, municipal staff training, staff augmentation, assistance with the NPDES Permit Program audits conducted by the Regional Board and USEPA; and annual reporting. City of Glendora FOG Inspections and Reporting Senior Engineer performing a portion of onsite FOG Inspections of permitted food handling facilities to ensure compliance with the City of Glendora's FOG ordinance and minimize potential Sanitary Sewer Overflows (SSOs). Between 2013 and 2019, 1,114 FOG Inspections at more than 440 facilities citywide were performed citywide. FOG Inspections included kitchen BMPs such as using dry wiping techniques, keeping maintenance logs for grease trap inceptors, grease recycling, exhaust system filter cleaning, posting "No Grease" signs and kitchen BMPs fact sheets. Tasks Included: tracking food service establishment inspections and keeping records of training, conducting Inspections and documenting observations with photographs and a FOG Implementation Inspection checklist, conducting follow-up inspections, providing employee training for BMPs, checking the roof and nearby catch basins for signs of oil and grease, and providing hard copies of completed Inspections checklists and electronically stored photographs. CWZ CW 1561 E. Orangethorpe Avenue, Suite 240 Fullerton, California 92831 �� T. (714) 526-7500 1 F. (714) 526-7004 www.cwecorp.com EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. C-1 W Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Consultant also agrees to require all contractors, and subcontractors to do likewise. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. C-2 Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor' (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. C-3 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not C-4 the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. C-5 1 :1 "10194;3:1 11,;,111 ;l :�l �111 AWIF-Mi A 2021-22 MS4 NPDES PERMIT SERVICES (CWE CORPORATION) This Agreement is made and entered into this Day of 20.,k (Effective Date) by and between the City of Rosemead, a munidal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and CWE Corporation with its principal place of business at 1561 E. Orangethorpe Avenue, Suite 240, Fullerton, California 92831 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." Nonoffoxf-JE Um 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing MS4 NPDES Permit Services to public clients, is licenced in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render 2021-2022 MS4 NPDES Permit Services ("Services") as set forth in this Agreement. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional compliance and support services necessary for the Project, herein referred to as "Services". The CWE CORPORATION Page 2 of 11 Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a period of 18 months that begins on July 1, 2021, through December 31, 2022, at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of the Agreement, and shall meet any other established shcedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are CWE CORPORATION Page 3 of 11 determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant will designate to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, CWE CORPORATION Page 4 of 11 officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed One Hundred Ninety -Nine Thousand, Nine Hundred Ninety -Eight Dollars ($199,998.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. CWE CORPORATION Page 5 of 11 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. CWE CORPORATION Page 6 of 11 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CWE Corporation 1561 E. Orangethorpe Avenue, Suite 240 Fullerton, California 92831 Attn: Gerald Greene Tel: (714) 526-7500 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: City Manager Tel: (626) 569-2105 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. CWE CORPORATION Page 7 of 11 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action. 3.5.6 Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. CWE CORPORATION Page 8 of 11 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party CWE CORPORATION Page 9 of 11 beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. CWE CORPORATION Page 10 of 11 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] CWE CORPORATION Page 11 of 11 By: I ria M( Mo oria lleda, City Manager te Name:— f;�s4\--PrQA- Attest: Title: Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL,.,..Q,E-.- CONTRACTOR REQUIR Approved as to Form: By: Name: Date Rachel Richman City Attorney Title: C'vp Ao.'s r -of- k'4�pf- ,A e'r"7'it- se'.I. PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME /Qil July 14, 2021 EMAIL Mr. Ahmad Ansari Interim Director of Public Works City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 CWE 1561 E. ORANGETHORPE AVENUE SUITE 240 FULLERTON, CA 92831-5202 (714) 526-7500 PHONE (714) 526-7004 FAX www.cwecorp.com Proposal to Provide Fiscal Year 2021-22 MS4 NPDES Permit Services to the City of Rosemead Dear Mr. Ansari, CWE is pleased to submit this proposal to provide the City of Rosemead (City) with ongoing Fiscal Year 2021-2022 Phase I Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) services, during what will likely be a transition to the fifth term Permit. Understanding Since 1990, the State of California Regional Water Quality Control Board, Los Angeles Region (LARWQCB) has issued progressively more challenging MS4 NPDES Permits to Los Angeles and Ventura County municipal Permittees, including the City of Rosemead (City). Adoption of a fifth term Permit, by the LARWQCB, is anticipated to occur on July 23, 2021, with an effective date of September 11, 2021, The 2012 MS4 NPDES Permit encouraged Permittees to form Watershed Management Program (WMP), or Enhanced WMP (EWMP), groups and develop implementation plans to achieve regional Water Quality Objectives (WQOs). The City of Rosemead, along with fifteen other cities, the Los Angeles County Department of Public Works (LACDPW), and Los Angeles County Flood Control District (LACFCD), formed the Upper Los Angeles River (ULAR) EWMP Group, led by the City of Los Angeles. The ULAR EWMP Plan, approved by the LARWQCB Executive Officer on April 20, 2016, identified potential twenty-year City project implementation costs at $110 million, while the recently submitted June 30, 2021, Draft revised ULAR EWMP Plan, identified the need for approximately 48.5 Acre-feet of runoff capture volume, at a cost of at least $70M, a figure that appears low based on rising construction costs. In comparison, the Safe Clean Water Program (SCWP) Municipal Program Transfer Agreement (MPTA), resulting from the November 6, 2018, Passage of Measure W, identifies an annual City return of approximately $580,000. On August 29, 2018, June 30, 2019, and June 23, 2020, the Rosemead City Council authorized issuance of MS4 NPDES Permit Professional Services Agreements (PSA) with CWE; which, allowing for changes in scope to reflect evolving City needs, were successfully completed within the proposed contract budget. Creating a Better Tomorrow, TodayTm Mr, Ahmad Ansari July 14, 2021 Page 2 Fallowing receipt of the City Notice to Proceed (NTP), CWE will provide the following MS4 NPDES Permit services through June 30, 2022, with annual reporting to be provided through December 31, 2022. Task 1-- Meetings The ULAR WMP Group, its Bacteria Total Maximum Daily Load (TMDL) Load Reduction Strategy (LRS), and Stormwater Investment Program (SIP) Technical Subcommittees currently each meet monthly. The Los Angeles Permit Group (LAPG) meets during alternating months, and we anticipate attending up to six (6) City Council, City Staff, Safe Clean Water Program (SCWP), or LARWQCB MS4 Permit meetings on behalf of the City. Participation at these meetings allow CWE to identify cost-effective ULAR WMP, or other MS4 Permit, implementation strategies for City managerial concurrence and adoption. We have budgeted seventy two (72) hours for remote meetings and follow up activities (review and revision of various ULAR draft reports and studies) prior to June 30, 2022, Task 2 -- Safe Clean Water Program Assistance CWE assisted the City in securing over $1.1M in SCWP MPTA support, by drafting the FY 2020-21 and 2021-22 Annual Budgeting Plans, that are due on April first, prior to the start of each fiscal year, going forward. This support is anticipated by September of the fiscal year period and a (expenditure) report submitted to the County by December following the end of each Fiscal Year. CWE will substantially assist the City in drafting the FY 2022-23 Annual Plan and recommend revisions to FY 2020-21 Report, primarily drafted by the Finance Department. Following development of the Regional Best Management Project (BMP) Inventory and preparation of a Regional BMP Project Feasibility Study, including recommended Community Support Meetings, (Task 10), CWE will prepare one draft SCWP Regional BMP Project application, by May 31, 2022, for submission by what is expected to be a July 31, 2022, deadline. Support of this SCWP Regional project application, such as preparing and making project support presentations to the Rio Hondo Watershed Area Steering Committee (WASC) during FY 2022-23, would be addressed and funded through a future PSA. Task 3 — City Staff and Contractor Training Part VIII.A.3. of the tentative fifth term MS4 NPDES Permit requires the following four categories of annual staff and contractor training: Pesticide/Fertilizer Source Controls; Illicit Discharge Detection and Elimination (IDDE); Construction and Erosion Source Controls; and Industrial/Commercial (I/C) Facilities Programs. The first two categories overlap and the City delegated the final category to be a consultant task. Two two-hour presentations will be scheduled, in consultation with Field Supervisorial personnel, either at the beginning or end of a shift, for staffing efficiency. Presentation are made by CWE Senior Management, experienced with private and public agency cases, using an engaging, locally relevant, Microsoft Office Power Point@ presentation made to between five and twenty city staff either remotely or at a city facility with adequate equipment. The presentation begins with regulatory rationale and requirements, before moving on to illustrative case studies. Six slide per page handouts are distributed for those wishing to take notes or write questions, along with a participation sign in sheet to include with the annual report. City staff and contractors are encouraged to ask questions, resulting in an informative training session that maintains staff attention. Task 4 — Public Information and Participation Program (PIPP) Part VIII.D of the tentative fifth term MS4 NPDES Permit identifies the need for "culturally effective", such as various Asian and Hispanic orientated, outreach efforts and materials to control specific exemplary and locally relevant categories of stormwater pollutants; including documentation and informative tracking of those cumulative activities. Mr, Ahmad Ansari July 14, 2021 Page 3 Task S — Industrial/Commercial (I/C) Facilities Program When CWE last updated the City I/C Facilities GIS -based Tracking Database in 2020, it consisted of nearly six hundred records regarding approximately 240 commercial and two dozen Industrial General Permit (IGP) facilities, Many of the IGP facilities have not yet secured Notice of Intent (NOI), No Exposure Certification (NEC), or Notice of Non Applicability (NONA) coverage and, after the required two inspections, were Issued Notice of Violations (NOVs) and referred to LARWQCB Stormwater Compliance Division staff for permit required progressive enforcement actions. Since then, City is responsible to have implemented Senate BIII (SB) 205, which may have resulted in the designation of more facilities requiring IGP coverage; although to the best of our knowledge, this information has not been incorporated within the permit required tracking database. CWE will implement the I/C Facilities Program and Progressive Enforcement requirements, of Part VIII.E. and Part VIII.B. respectively, of the tentative fifth term MS4 Permit. This includes updating the legacy I/C Facilities Inventory to comply with any new permit requirements, reviewing City provided Business License data to identify new or replacement I/C facilities, SB -205 implementation identified IGP scofflaws, and the State Stormwater Multiple Application and Reporting Tracking System (SMARTS), excluding IGP Permittees jurisdictional within adjacent communities, but claiming City or Rosemead residency, Based on enhanced biannual (alternating year) requirements, CWE would notify approximately one hundred fifty (150) I/C Facilities, using City approved verbiage and letterhead sent by United States Postal Service (USPS) first class mail of planned visits; then conduct up to two hundred (200) initial and progressive enforcement inspections. Scanned inspection forms, images, and enforcement notifications, would then be digitally provided to the City, along the updated GIS -based Inventory on, at least, an annual basis. New inspections of compliant facilities, or those inspected by the Water Board and reported in SMARTS, will not be reinspected for at least six (s) months from the time the prior Inspection(s) were completed. Task 6 — Redevelopment Planning Chapter 13.16.180 of the Rosemead Municipal Code (RMC) will be assessed for compliance with the adopted fifth term MS4 NPDES permit and suggested revisions, including deletion of extraneous requirement from other Regional Water Boards, provided to City Management in the form of a draft ordinance. Based on recent needs, CWE would provide up to eight (8) timely, less than five (5) acre, Priority Redevelopment Project Low Impact Development (LID) or General Construction Permit (GCP) StormWater Pollution Prevention Plan (SWPPP) reviews under the direction of a state certified Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer or Practitioner (QSD/P). Typically written comments are returned within two (2) weeks of draft receipt by CWE, although extension may occur for atypically complex documents. Review time would be reported to the City Project Manager, approximately monthly, to allow recharging of the project proponents. Available required data would be inserted into a permit compliant GIS -based tracking database, to be annually provided to the city for reporting or regulatory audits. Task 7 — Redevelopment Construction Inspections CWE will provide up to four (4) MS4 Permit Priority Project LID, Erosion and Sediment Control Plan (ESCP), Construction General Permit (CGP), or City Project BMP Inspections, under the direction of a CWE QSD/P. Correction or violation notices with images, that result from these inspections, will be forwarded to the City for signature and delivery. Inspection tracking data will be provided to the City Project Manager within one week of inspection. Task 8 — Post- Construction BMP Inspections SMARTS identifies at least four (4) active and seven (7) completed CGP projects for which LID and BMP criteria were unavailable during ULAR Reasonable Assurance Analysis (RAA) and EWMP development. City will assemble, for onsite review, SUSMP, SWPPP, Mr. Ahmad Ansari July 14, 2021 Page 4 BMP design, and maintenance covenants for the CGP and Priority Projects, then over three (3) days, Consultant will use Best Professional Judgment (BPI) to assess visible post -construction BMP effectiveness. CWE will record Post -Construction BMP inspection, and tracking data, as identified in the MS4 Permit, and provide the City with GIS shape and database files along with assembled observations. Task 9 — Public Facilities Inventory Following the effective date of the fifth term permit, CWE will update and revise the previously completed Public Facility Inventory to Include newly required tracking metrics, change In facility characteristics, and potential BMP retrofit opportunities. Task 10 — Inventory of Regional BMP Development Opportunities CWE will prepare a map overlaying EWMP Plan Table 7A-33 "jurisheds" on aerial imagery, Private and public parcels, potentially suitable for retrofitting with regional BMPs, will be identified for Planning Division use during developer negotiations, Conditional Use Permit (CUP) development, and Planning Commission Hearings. CWE will identify at least four (4) regional BMP project concepts for strategic analysis, to include cost- effectiveness, practicality, sensibility, and political acceptability; then propose at least one retrofit opportunity suitable for implementation as a regional BMP, with a suggested Implementation schedule and alternative financing strategies (e,g, grants, SCWP, private -public partnership, etc.) Incorporating City Project Manager input, CWE will prepare a Project Feasibility Study, Including project phasing, to support the preparation of grant and SCWP regional BMP design and construction applications. Task 11— Public Activity Management CWE will allot one person day, per alternating month, to observe public activities or facilities and provide written suggestions regarding how those activities or facilities could be modified to improve pollutant source control efforts. The needs of City supervisory personal would be regularly solicited to identify priority needs; however, falling such suggestions, CWE would provide the City Project Manager with a suggested facility or activity to observe for concurrence. Task 12 — Los Angeles River Trash TMDL Compliance CWE will provide up to forty (40) hours of "to be specified" Trash TMDL compliance services that may include; 1) development of Minimum Frequency of Assessment and Collection (MFAC) procedures; 2) the Identification and verification of undocumented catch basins; 3) assessment of catch basin trash levels; 4) identification of locations suitable for Daily Generation Rate (DGR) studies; and 5) collecting catch basin data for reconstruction, Task 13 — Illicit Connection /Illicit Discharge (IC/ID) Elimination CWE we provide up to sixteen (16) hours of timely remote or onsite IC/ID investigation and elimination support services; emphasizing public outreach, over enforcement, which will remain the responsibility of Code Enforcement and Inspectors. This may include conceptualization of BMP concepts to prevent future discharges, Task 14 — Prepare the 2022 Individual Annual Report CWE will draft, in Microsoft Word® format, the City MS4 Permit Individual Annual Compliance Report, based on past submittals, Implementation data, transmittals, and the City website. This draft will highlight where staff input regarding budgets, expenditures, planning, enforcement, and construction inspections are needed. After incorporating staff input, the draft will be transcribed Into Los Angeles County Watershed Reporting, Adaptive Management, and Planning System (WRAMPS), reviewed for missing data or adverse verbiage, and a final version provided for City review. The Unified Report will be assembled into a Portable Document Format (PDF) file, for the LARWQCB submission by December 15,, 2022, and an archival copy provided to the City. Mr. Ahmad Ansari July 14, 2021 Page 5 Limitations and Assumptions CWE proposes an eighteen -month Professional Services Agreement (PSA) term, to coincide with the MS4 Permit July 1St to June 30t" implementation period, followed by reporting through December of the trailing year. CWE has utilized the following proposal assumptions to reduce our risks and your budget commitments during this fluid period between various draft Permit and EWMP Plan versions: 1. Since the fifth term MS4 Permit is subject to revision, the PSA may need to be revised or level of scope task effort shifted to reflect evolving permit priorities and cost-effective strategies. 2. Confined space entry of MS4 facilities is unnecessary and outside of our Scope of Work. 3, Non-Stormwater Outfall Source assessments are included within the IC/ID elimination task. 4. Installation of Full Capture System (FCS) Connector Pipe Screens are currently being addressed through the City Capital Improvement Program (CIP), using FY 2020-21 SCWP MPTA support. 5. City will be responsible to provide major IC/ID Spill Response and Traffic Control services. 6. Development of an alternative WMP implementation strategy is beyond this Scope of Work. 7. Any City Encroachment or Access Permits will be issued as no fee Permits. Fee The following table Identifies the level of effort that CWE associates with each of the identified tasks. 1 Remote ULAR, MS4 Permit, SCWP, and City Management Meetings $16,882 2 Safe Clean Water Program Assistance $20,184 3 MS4 Permit Required City Staff and Contractor Training $11,748 4 Public Information and Participation Program (PIPP) $6,896 5 Industrlal/Commercial (I/C) Facilities Program $36,747 6 Redevelopment Planning and Priority Project LID Plan Checks $17,776 7 Redevelopment Construction Inspections $5,155 8 Post- Construction BMP Inspections $4,078 9 Public Facilities Inventory $2,222 10 Inventory of Regional BMP Development Opportunities $53,712 11 Public Activity Management $8,087 12 Los Angeles River Trash TMDL Compliance $5,983 13 Illicit Connection/Illicit Discharge (IC/ID) Investigations $2,672 14 Prepare and Submit 2022 Individual Annual Compliance Report $7,856 Total Fee $199,998 Mr. Ahmad Ansari July 14, 2021 Page 6 Most fifth term or 2021 MS4 NPDES Permit tasks will be completed by June 30, 2022, with reporting tasks completed by December 31, 2022. This work would be completed on a Time and Materials, Not to Exceed cost basis of $1.99,998.00. This proposal Is valid for ninety (90) days, from the letter date. If any questions arise, please reach out to me at (714) 526-7500 Ext. 207 or ggreene(&cwecorp.com. Respectfully submitted, CWE Gerald Greene, DEnv, PE, QEP, QSD/P Director, Stormwater INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. C-1 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. C-2 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. C-3 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not C-4 the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. C-5 CtA=nnnn_n4 QC.r)K17A I IZ7 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ACOR>0' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 12/3/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services Inc.FAX 6 Centerpointe Drive Suite 350 CONTACT Irene Laine PHONE (AIc, No, Ext): (714) 739-3184 (AIc, No):(714) 459-7216 aoDREs : lrene.Laine@hubinternational.com INSURERS AFFORDING COVERAGE NAIC # La Palma, CA 90623 INSURER A: Crum & Forster Specialty Insurance Company 44520 INSURED INSURER B: West American Insurance Co 44393 INSURER C: State Compensation Insurance Fund of California 35076 CWE 1561 E. Orangethorpe Avenue EPK-133225 Suite 240 INSURER D: INSURER E: Fullerton, CA 92831 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL 1 SD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR X X EPK-133225 12/8/2020 12/8/2021 DAMAGE TO RENTED 100,000 PRE EMISES Ea occurrence $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4'000'000 PRODUCTS - COMP/OP AGG $ 4'000'000 POLICY ❑ jECOT- FILOC $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ _ BODILY INJURY Perperson)_$______ X ANY AUTO BAW57609336 12/8/2020 12/8/2021 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ C WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/❑N OFFICER/MEMBER EXCLUDED? (Mandatoryin NH) N / A X 9170147-20 12/1/2020 12/1/2021 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1'000'000 E.L. DISEASE - EA EMPLOYEE $ 1'000'000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liab EPK-133225 12/8/2020 12/8/2021 Each Wrongful Act 2,000,000 A Professional Liab EPK-133225 12/8/2020 12/8/2021 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Rosemead is additional Insured with regard to the General Liability policy when required by a written contract, per the attached endorsement form EN0111 02/11. Primary & Non -Contributory with regard to the General Liability policy applies when required by a written contract, per the attached endorsement form EN0147 11/11, Waiver of Subrogation included. Waiver of Subrogation with regard to the Workers Compensation policy applies when required by a written contract, per the attached endorsement form 2572. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Rosemead Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Department of Public Works 8838 E. Valley Blvd. AUTHORIZED REPRESENTATIVE Rosemead, CA 91770 �. 1W__ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CWE Policy Number: EPK-133225 ST Effective Dates: 12/08/2020 - 12/08/2021 Aa , ,Y THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS,OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART I>Nml:11•1114 (Name Of Additional Insured Person(s)`or Organization(s) Where Required By Written Contract. SECTION III WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS :OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page 1 of 1 Insured Name: CWE Policy #: EPK- 133225 Policy Term: 12/8/2020 - 12/8/2021 Iwo i RUTIA i LIFA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Where Required by Written Contract A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s). 3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies, ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN01 47-1111 Page 1 of 1 ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS --• g4g•M HOME OFFICE SAN FRANCISCO EFFECTIVE DECEMBER 1, 2020 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING DECEMBER 1, 2021 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME CWE 1561 E ORANGETHORPE AVE STE 240 FULLERTON, CA 92831 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON_ OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER 9170147-20 RENEWAL SP 7-84-15-94 PAGE 1 OF 1 NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUTHORIZED REPRESENT IVE SCIF FORM 10217 (REV.7.2014) NOVEMBER 25, 2020 PRESIDENT AND CEO 2572 OLD DP 217 S E M F O q A0 0 59 d AW 'NCOAPORAT£O �gS� PROFESSIONAL SERVICES AGREEMENT �.a o r o o vv 1. PARTIES AND DATE. This Agreement is made and entered into this this P Day of 2010 (Effective Date) by and between the City of Rosemead a municipal ognization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and CWE a Corporation, with its principal place of business at 1561 E. Orangethorpe Avenue, Suite 240, Fullerton California 92831 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing MS4 NPDES Permit services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such ongoing professional 2020-2021 MS4 NPDES Permit Services ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional compliance and support services necessary for the Project, herein referred to a "Services". The Services are more particularly described in Exhibit A attached hereto and incorporated CWE CORPORATION Page 2 of 17 herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a period of 18 month that begins on July 1, 2020 through December 31,2021, at the sole and absolute discretion of the City, 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. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any CWE CORPORATION Page 3 of 17 personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant hereby designates Gerald Greene, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable local state and federal laws, rules and CWE CORPORATION Page 4 of 17 regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees appropriate to the nature of the work and the conditions under which. the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall n.t excern]i -I�Ie Thasaad bine Hundred. Forty�Seve Dollars 942.00) and in accordance with consultant s proposa dated June 4, 2020. Consu tant s proposal is hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, CWE CORPORATION Page 5 of 17 within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. CWE CORPORATION Page 6 of 17 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices: All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: CWE Corporation 1561 E. Orangethorpe Avenue, Suite 240 Fullerton, California 92831 Attn: Gerald Greene Tel: (714) 526-7500 CITY: City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Chris Daste, Director of Public Works Tel: (626) 569-2151 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CWE CORPORATION Page 7 of 17 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. CwE CORPORATION Page 8 of 17 3.5.6 Indemnity and Defense. a. Indemnity and Defense To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not extend to the Agency's sole or active negligence. b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency's defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. CWE CORPORATION Page 9 of 17 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the CWE CORPORATION Page 10 of 17 term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 r of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next Page] CWE CORPORATION Page 11 of 17 CITY OF ROSEMEAD 41o4a&MAo11e=da,Clty Manager Attest: z Eri , Warna ez, City Clerk Approved as to Form: Rachel Richman City Attorney CWE CORPORATION h j2QD By: Date Name: Title: to [It Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] �ry c By: "1 Name: Date Title: No cmgPo AA -TG- sE-h.. CWE CORPORATION Page 12 of 17 EXHIBIT A SCOPE OF SERVICES/ RATE SCHEDULE V WE June 4, 2020 AZ1AA Mr. Chris Dastd Director of Public Works City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 CWE 1561 E. ORANQETHORPE AVENUE SUITE 240 FULLERTON, CA 928315202 (714) 526.7600 PHONE (714) 526.7004 FAX www.cwecorp.com Proposal to Provide MS4 NPDES Permit Services to the City of Rosemead Dear Mr. Dastd, CWE Is pleased to submit this proposal to continue providing the City with Phase'I Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit services. Understanding Since 1990, the State of California Regional Water Quality Control Board, Los Angeles Region (LARWQCB) has Issued progressively more challenging MS4 NPDES Permits to Los Angeles and Ventura County municipalities, Including the City of Rosemead (City), The adoption of each permit has led to differing contentious interpretations of federal, state, and local law, regulatory appeals, and frequent litigation. The current permit is the subject of a State Water Resources Control Board (SWRCB) draft "Own -Motion Order that would Introduce further costly requirements, a Commission on State Mandates Unfunded Mandate Test Claim that would refund permit implementation costs or partially preclude Permittee directed enforcement, and a Superior Court decision rescinding permit Numeric Effluent Limitations (NELs), which has been appealed by the State and Regional Water Boards to Division Three, of the Fourth Appellate District, of the State of California Court of Appeal. While the current MS4 permit expired on December 28, 2017, discharges continue to be regulated under its requirements, until adoption of a replacement fifth term Permit by the LARWQCB, anticipated to potentially become effective July 1, 2021. The repeatedly amended 2012 MS4 Permit encouraged Permittees to form Watershed Management Program (WMP), or Enhanced WMP (EWMP), groups to develop Implementation plans to achieve regional Water Quality Objectives (WQOs). The City joined the Upper Los Angeles River (ULAR) EWMP Group, led by the City of Los Angeles, which Includes fifteen other cities, the Las Angeles County Department of Public Works (LACDPW), and Los Angeles County Flood Control District (LACFCD). The LARWQCB approved, April 20, 2016, ULAR EWMP Implementation .plan estimated twenty-year City compliance project costs of $110 million, while the 2018 passage of Measure W, the Safe Clean Water Program, estimated annual transfers of less than $580,000, assuming City Agreement adoption later this summer. Creating a Better Tomorrow, TodayTm Mr. Chris Dastd June 4, 2020 Page 2 On August 29, 2018, the City entered Into a ten-month Stormwater Management Services Professional Service Agreement (PSA) with CWE; however, City Public Works management changes delayed Notice To Proceed (NTP) Issuance, "Kick Off" meeting scheduling, and the Initiation of some, City -dependent, tasks. On April 4, 2019, the LARWQCB Issued the City a Los Angeles River Trash Total Maximum Daily Load (LAR TTMDL) Notice of Violation (NoV) and, by June 16, 2019, City Council and Staff Management directed CWE to reprioritize original PSA contract budget, from ongoing lower priority tasks, to NOV investigation and response development. The only remaining tasks, within the prior PSA, are one (1) staff training, deferred by CoMD-19 limitations, and a Regional Best Management Practice (BMP) Study, deferred while City Management considered MS4 Permit and EWMP implementations strategy revision. Scope of Work Fallowing receipt of the City NTP, CWE proposes to provide the following MS4 Permit Compliance Services through June 30, 2021, with annual reporting services to be provided through December 31, 2021. Task 1— Remote Meetings The ULAR EWMP Group and its Bacteria Load Reduction Strategy (LRS) Technical Subcommittee, which directly Impacts the CIty, convenes monthly; the Los Angeles Permit Group (LAPG) meets during altemating months; and we anticipate the need to attend up to six (6) City Council, City Staff, Safe Clean Water Program (SCWP), or LARWQCB Permit adoption meetings. Meeting participation allows CWE to Identify cost-effective draft fifth term MS4 Permit, ULAR EWMP and CIMP Group implementation strategies for City Management concurrence. We recommend budgeting for twenty-four (24) three-hour remote meetings and follow up activities prior to June 30, 2021. Task 2 — Safe Clean Water Program Assistance Following voter passage of Los Angeles County Measure W, the SCWP, In November 2018, the County Board of Supervisors (BOS) authorized release of a Local Transfer Agreement which, assuming City Council adoption this summer, should annually return over $500,000.00 In Impervious area based property assessment fees to the City. Proposed expenditures of SCWP monies must meet required Implementation and accounting criteria then be reported back to the Los Angeles County BOS. CWE will assist the City Public Works and Finance Departments In budgeting these funds and developing the required documentation, Based on the directions of City management, focal priorities, and evolving opportunities, CWE will also prepare one Regional BMP project application packet, following criteria Identified by the Rio Hondo Watershed Area Steering Committee (WASC). Task 3 — City Staff and Contractor Training The current MS4 Permit Identifies four categories of mandatory annual staff and contractor training, which we condense Into Planning/Constructlon and Illicit Connection/Illicit Discharge (IC/ID) training sessions to reduce costs. These two-hour presentations will be scheduled, In consultation with Field Supervisorial personnel, either at the beginning or end of a shift, for staffing efficiency. Presentation are made by CWE Senior Management, experienced with private and public agency cases, using an engaging, locally relevant, Microsoft Office Power Point(P presentation made to between five and twenty city staff at a city facility with adequate equipment. The presentation begins with regulatory rationale and requirements, before moving on to illustrative case studies. Six slide per page handouts are distributed for those wishing to take notes or write down questions, along with a participation sign in sheet to Include with the annual report. City staff and contractors are encouraged to ask questions, resulting in an Informative training session that maintains participant staff Interest. Mr. Chris Dastd June 4, 2020 Page 3 Task 4 — Public Information and Participation Program (PIPP) Remotely attend permit required quarterly County, Watershed, or WMP PIPP remote meetings. Prepare up to six (6) residential or primary education stormwater pollution source control informational pamphlets, web page, or similarly mutually agreeably, concept work products, suitable for City duplication and distribution or webmaster posting. Task 5 — Redevelopment Planning, Construction and Post -Construction Inspection Services CWE is advised that the City has retained other firms to provide generic municipal planning, building, and construction Inspection services; however CWE will provide supplemental MS4 Permit specific Low Impact Development (LID) plan checks, Construction Site Erosion Control and Post -Construction General Permit (CGP) Best Management Practices (BMPs) Inspection Services, under the direction of state certified CWE Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer or Practitioner (QSD/P). Up to four hours per month, or forty eight hours by June 30, 2021, would be dedicated to supporting other contract staff in the subject tasks; with plan review taking precedent over Inspections, municipal construction site storm Inspections taking precedent over hose of private construction sites, and post -construction or CGP BMP implementation and maintenance inspections having the lowest priority. Task 6 — Public Facility and Retrofit Opportunity Inventory CWE will prepare the MS4 Permit Part VI.9.c required electronic inventory of City Facility sites, including Part VI.9.d required Identification and evaluation of concept level LID and BMP retrofit implementation opportunities. Task 7 — Illicit Connection/Illicit Discharge Investigation and Pollution Source Control Understanding that primary enforcement responsibilities remain with City Code Enforcement officers and Construction Inspectors, CWE we provide up to twenty hours of remote or onsite MS4 Permit required Illicit Connectlon/Illicit Discharge (IC/ID) Investigation and Pollution Source Control support services. This task emphasizes public education and outreach, over enforcement, and may extend to include the conceptualization of BMP implementation concepts to correct existing and prevent future discharges. Task 8 — Prepare 2020 and 2021 Individual Annual Reports CWE will timely draft, In Microsoft WordO format, the City Individual Annual Report, based on past submittals, Implementation data, transmittals, and the City website. This draft will highlight where additional City staff input on budgeting, planning, enforcement, and building safety tasks are needed. Based on City staff input, the draft will be timely submitted to the ULAR EWMP Group Coordinator, currently Dawn Petschauer of the City of Los Angeles, utilizing the Los Angeles County Watershed Reporting, Adaptive Management, and Planning System (WRAMPS) process. Following assemblage, the first draft will be reviewed by CWE for missing data or verbiage that could be adversely misconstrued, a final draft provided to the City for review, and the Unified Report converted by others Into a Portable Document Format (PDF) file, for the LARWQCB submission by December 19, with a copy provided to the City for recordation. Limitations and Assumptions CWE proposes an eighteen -month Professional Services Agreement (PSA) term, to coincide with the MS4 Permit July I't to June 30th Implementation period, followed by compliance reporting through December of the trailing year, CWE has utilized the following proposal assumptions to reduce our risks and your budget commitments during this Fluid period between various draft Permit and EWMP Plan versions: Mr. Chris Dast6 June 4, 2020 Page 4 1. Since the contents of the draft and final fifth term MS4 Permit are subject to revision and subject to revision by SWRCB Own Motion Order, the City should anticipate the need for PSA revision to analyze the permit contents and devise cost-effective Implementation strategies. 2. Confined space entry of MS4 facilities Is unnecessary and outside of our Scope of Work, 3. Based on the Non-Stormwater Outfall Discharge Prioritization results, no additional surveys, water quality monitoring, or source control studies are proposed. 4. CWE understands that others Intend to Implement the LAR TTMDL, through the Installation of Full Capture System (FCS) compliant Connector Pipe Screens, and our responsibility for further implementation of the July 31, 2019, LARWQCB NOV Compliance Plan Is complete. S. City will directly provide any necessary Spill Response and Trafflc Control services. 6. Any City Encroachment Permits will be Issued as no fee Permits. Fee The following table Identifies the level of effort that CWE associates with each of the Identified tasks. KW -1101M1. 1 Remote MS4 Permit and SCWP Meetings $13,800 2 Safe Clean Water Program Assistance $12,948 3 MS4 Permit Required City Staff and Contractor Training $10,341 4 Public Information and Participation Program (PIPP) $11,200 5 Redevelopment Planning and Construction Inspections $7,753 6 Develop Public Facility and Retrofit Opportunity Inventory $8,804 7 Illicit Connectlon/Illicit Discharge (IC/ID) Investigations $3,902 8 1 Prepare and Submit Individual Annual Compliance Reports $21,199 Total Fee $89,947 Most 2012 MS4 Permit tasks will be completed by June 30, 2021, with reporting tasks completed by December 31, 2021. This work would be completed on a Time and Materials, Not to Exceed cost basis of 489,947.00. This proposal is valid for ninety (90) days, from the letter date. If any questions arise, please reach out to me at (714) 526-7500 Ext: 207 or agreene@cwecorp.com. Respectfully submitted, CWE Gerald Greene, DEnv, PE, QEP, QSD/P Director, Stormwater CWE CORPORATION Page 13 of 17 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross - liability exclusion precluding coverage for claims or suits by one insured against another. CWE CORPORATION Page 14 of 17 Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated -in the policy must include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend the Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size V11. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 (or otherwise consistent with the insurer's endorsement). Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 01 CWE CORPORATION Page 15 of 17 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. A ten (10) day notice to City shall apply to nonpayment of premiums. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage (except Professional Liability and Workers' Compensation) required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that CWE CORPORATION Page 16 of 17 upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured CwE CORPORATION Page 17 of 17 endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. ("i CWE0000-01 RDEANDA � 1 140c Rv, CERTIFICATE OF LIABILITY INSURANCE DAW(MMMDNM) 12/312021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 521JACT Irene Laine MOVEEat. (714 739-3184 FAII`Xc xo :(861)231-2672 HUB International Insurance Services Inc. SuitsB; pointe Drive(AID 3S0 uRe3;w .cal.cpu@hubintemaUonal.com La Palma, CA 90623 INSURERVA AFFORDING COVERAGE MAIC 4 X Ne RERA:CfUM&ForsterSpecialty Insurance Company 44620 INSURED NURERB:WestAmerican Insurance Cc 44393 INSURER c: State Compensation Insurance Fund of California 36076 CWE 1661 E. Orangethorpe Avenue Suite 240 SURE D: Fullerton, CA 82631 INSURERS: INSURERF: PRODUCTS -COMPIOP AGG 4'000'000 renviri TEM MEER• RPVlglnN NIIMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTNATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF INSURANCE ADM SUafl POLICY NUMBER POLICY EFF wocrervYl POLIC IN Y EXP nn LIMITS A XCOMMERCIALGENERALLUNLITY CLAIMS -MADE EX OCCUR X X EPK437943 1216/2021 121812022 EACH OCCURRENCE $ 2,000,000 MRMESTGE REMED 100,000 EDEXP M ono aeon 10000 PERSONAL& AOV INJURY S 2'000'000 GEN L AGGREGATE LIMIT APPLIES PER POLICY LOC OTHER: ENERALA GREGATE 4'000'000 PRODUCTS -COMPIOP AGG 4'000'000 9 AUTOMOSIELIABILITY X ANY ALTO AUTTOS ONLY C� ULEO V�pAE�E �pII.py� EEpp AVTOS ONLY AN11fW49 BAW67609336 12/8/2021 121812022 COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY Per areal $ BODILY INJURY Pm amdenl $ e�aodR�nt AGE S 5 A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE EFX-119364 12111/2021 121812022 EACH OCCURRENCE 1'000'000 AGGREGATE 11000,000 DEC) RETENTION$ C WORKERS COCSPENSPnON ANDEMPLDY RS'LIABIUTY ANY PPERRO�PMRIIMTTOERRMARTUDE�ECUTIVE YIN .&M I'm dirubelxFar ERAT NIA X 9170147-21 1211/2021 12!112022 X PER OTH- E.L. FACHA IDEM 1,000,000 1,000,000 E.L.DSEASE-EAEMPL YE 1'000'000 E.L. DISEASE-POUCY LIMIT S 1,000,000 A A Professional Liab Professional Llab EPK-137943 EPK-137943 /2/8/2021 121812021 121812022 121812022 Each Wrongful Act 2,000,000 Aggregate 4,000,000 DESCRIPTION OF 0MRATIONSI LOCATIONS I VEHICLES (ACORD 101, AddMonH Remelo SeMdwc may m Mtaehed a mon spew b re4e0od) City of Rosemead Is additional Insured with regard to the General Liability policy when required by a written contract, per the attached endorsement form EN0111 02111. Primary & Non -Contributory with regard to the General Liability policy applies when required by a written contract, per the attached endorsement form EN0t 4711N1. Waiver of Subrogation included. Waiver of Subrogation with regard to the Workers Compensation policy applies when required by a written contract per the attached endorsement form 2672. n, Ren CANCFI 1 ATI At ACORD 26 (2016103) ®1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rosemead THE WITH THE POLICY PROVISIONS. WILL BE DELIVERED IN Department of Public Works 8038 E. Valley Blvd. Rosemead, CA 91770 AUTNORU:ED RFPRESENTATNE �q '�."J:i% ax _ ACORD 26 (2016103) ®1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ..Or CWE Policy Number: EPK-137943 CRU M & FORSTER' Effective Dates: 12/08/2021 - 12/08/2022 .. - - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART or Required By Written SCHEDULE SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) Indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111.0211 Page 1 of 1 50 Insured Name: CWE Policy #: EPK-137943 Policy Term: 12/8/2021 - 12/8/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE by A. SECTION III — WHO IS AN INSURED within the Common Provisions Is amended to include as an additional insured the person(s) or organization(s) indicated In the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional Insureds shall apply as excess and not contribute as primary to the Insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for Injury or damage arising out of "your worK' performed under a written contract with that person(s) or organization(s). 3. The term "additional Insured" is used separately and not collectively, but the inclusion of more than one "additional Insured" shall not Increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0147-1111 Page 1 of 1 HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT BROKER COPY WAIVER OF SUBROGATION BLANKET BASIS 9170147-21 RENEWAL SP 7-84-15-94 EFFECTIVE DECEMBER 1, 2021 AT 12.01 A.M. PAGE 1 OF 1 AND EXPIRING DECEMBER 1, 2022 AT 12.01 A.M. CWE 1561 E ORANGETHORPE AVE STE 240 FULLERTON, CA 92831 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED, NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: DECEMBER 2, ,20021 2572 .�+^ / �.-�/4 ��"%j� !/o,..' AUTHORIZED REPRESEN/t TATIVE SCIF FORM 10277 (1EV.7.2014) PRESIDENT AND CEO OLD OP 217 cwFnnnn.nl KMALDONADO ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)12/5/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services Inc. 6 Centerpointe Drive, Suite 350 La Palma, CA 90623 NAMEACT Irene Laine AX AIcONN, Ext): (877) 825-2681 �AICC, No):(951) 231-2572 E-MAIL ADDRESS: cal.cpu@hubinternational.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Crum & Forster Specialty Insurance Company 44520 INSURED CWE 1561 E. Orangethorpe Avenue Suite 240 Fullerton, CA 92831 INSURERB:Amerlcan Fire and CasualtV Company 24066 INSURER C: State Compensation Insurance Fund of California 35076 INSURER D : INSURER E : INSURER F: rnvcoer-oc rtGtaTIPIC_ATG NI IMRFR• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY 2,000,000 EACH OCCURRENCE $ DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ CLAIMS -MADE rX] OCCUR X X EPK-129193 12/8/2019 12/8/2020 MED EXP An one person)$ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F] JE&- [_1 LOC GENERALAGGREGATE $ 4'000'000 PRODUCTS -COMP/OPAGG $ 4'000'000 $ OTHER: B AUTOMOBILE LIABILITY EOa sBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ X ANY AUTO BAA57609336 12/8/2019 12/8/2020 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUOTOS ONLY PPe�aenatlentDAMAGE $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) NIA X 9170147-19 12/1/2019 12/1/2020 SPER TATUTE OERH E.L. EACH ACCIDENT $ 1,000,000 1,000,000 E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yes, descr be under DESCRIPTION OF OPERATIONS below A Professional Liab EPK-129193 12/8/2019 12/8/2020 Each Wrongful Act 2,000,000 A Professional Liab EPK-129193 12/8/2019 12/8/2020 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Rosemead is additional Insured with regard to the General Liability policy when required by a written contract, per the attached endorsement form EN01 1102/11. Primary & Non -Contributory with regard to the General Liability policy applies when required by a written contract, per the attached endorsement form EN014711/11, Waiver of Subrogation included. Waiver of Subrogation with regard to the Workers Compensation policy applies when required by a written contract, per the attached endorsement form 2572. City of Rosemead Department of Public Works 8838 E. Valley Blvd. Rosemead, CA 91770 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Xe,az— ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CWE Policy Number: EPK-129193 CRU M & FORSTEW Effective Dates: 12/08/19 - 12/08/20 h' "°" r. w .r,, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organizations) indicated in the Schedule shown above, but only with respect to liability .caused, in whole or in part, by "your work" for that insured. which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page.1 of 1 Insured Name: CWE Policy #: EPK-129193 Poliy Term: 12/8/2019 - 12/8/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons or Organization(s) Where Required by Written Contract A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s). 3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any 'claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0147-1111 Page 1 of 1 ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY HOME OFFICE SAN FRANCISCO EFFECTIVE DECEMBER 1, 2019 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING DECEMBER 1, 2020 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME CWE 1561 E ORANGETHORPE AVE STE 240 FULLERTON, CA 92831 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 9170147-19 RENEWAL SP 7-84-15-94 PAGE 1 OF 1 NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: NOVEMBER 5, 22001.9 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) 2572 OLD DP 217 rur�nnnn ne Cf_r1A17A1 177 vvvwvvv-v AlcoR� 1®� CERTIFICATE OF LIABILITY INSURANCE �� DATE DATE(MM/DDIYYYY)12/3/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services Inc. 6 Suite 35 pointe Drive Suite 35o La Palma, CA 90623 CONT Irene I_allle PHONE No, Ext), (714) 739-3184 FAX No):(714) 459-7216 E-MAIL AODREss: Irene.Laine@hubinternational.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Crum& Forster Specialty Insurance Company 44520 INSURED CWE 1561 E. Orangethorpe Avenue Suite 240 Fullerton, CA 92831 INSURER B : West American Insurance Co 44393 INSURER C: State Compensation Insurance Fund of California 35076 INSURER D: INSURER E: INSURER F: n MMTICUTATC KTHRRCco• RFVISIr1M MIIMRPIR, VVYLMVLV ��--------- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRD TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF DD POLICY EXP /DD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2'000'000 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ CLAIMS -MADE FX� OCCUR X X EPK-133225 1218/2020 12/8/2021 MED EXP (Any oneperson) $ 10,000 PERSONAL &ADV INJURY $ 2'000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY E] PRCT O- F] LOC JE GENERALAGGREGATE $ 4'000'000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: B AUTOMOBILE LIABILITY �SINGLE LIMIT 1,000,000 COMBINED a 1 $ BODILY INJURY Perperson) S X ANY AUTO BAW57609336 12/8/2020 12/8/2021 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -AWNED AUTOS ONLY AUTOS ONLY PROPERTY AMAGE Per acadent $ S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE X 9170147-20 1211/2020 12/1/2021 X STATUTE EORH E.L. EACH ACCIDENT $ 1,000,000 1,000,000 E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A 1,000,000 E.L. DISEASE - POLICY LIMIT S If yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liab EPK-133225 12/8/2020 12/8/2021 Each Wrongful Act 2,000,000 A Professional Liab EPK-133225 12/8/2020 12/8/2021 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) City of Rosemead is additional Insured with regard to the General Liability policy when required by a written contract, per the attached endorsement form EN0111-02/11. Primary 8: Non -Contributory with regard to the General Liability policy -applies when required by a written contract, per the attached - endorsement form EN014711/11, Waiver of Subrogation included. Waiver of Subrogation with regard to the Workers Compensation policy applies when required by a written contract, per the attached endorsement form 2572. nr-r,^A�un1 MOO rAMr1=1 I ATI(/M ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rosemead THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Department of Public Works 8838 E. Valley Blvd. Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE 01&-_ ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CWE Policy Number: EPK-1 33225 Effective Dates: 12/08/2020 - 12/08/2021 CRU M&FORSTEW T I H .. IS ENIJOIRSWtNT C"HANOES TW POLICY(: PLEASEREAEIJTCAREFULLY': APEN'T I 1 0. NALINSURED - OWNERS,: LESSEES OR CONTRACTORS ONTRACTORS 'This, 6nddfserndht mdd)fie s-A'in's-woqqpi iro-VJW; pd, un,Oerilie, f6,R0-.w'1ng:, COMMERCIAL OE LIABILITY COVERAGE PAR. ,CONTRACTORS POLLUTION LIABILITY COVERAGE PART: SCHEDULE SECTION lilt = WHO IS AN INSUREDMithih'the Qoibrh6h Provisions itdffdridOd 16 iholude tts,,, an tidditidn'41 .insured - t -he persoks) or*g4nimition(s)ndip6ted In. t,he, Schedule:Shown above, .but; "only ;Wi11 respect"toto; caused, 1-6-1' performed or y ose: AM whole in part, by, "yourwork?'for that iritutodwhidh is -'rf 'd IJ'y you A b'' those acting ,, ,on,yw*r behalf. ALL OTHER TERMS AND00NDITIONS ;OF THE ,POLICY'REMAIN,UNCHANGEQ.. Page 1 of I Insured Name: CWE Policy #: EPK-133225 Policy Term: 12/8/2020 - 12/8/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RIMARY AND NON-CONTRiBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the:following; COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons .or Or anization s Where Required by Written Contract A. SECTION III — WHO IS AN INSURED within the Common Provisions is- amended to -include as an additional insured the persons) or organizations) indicated in the Schedule shown above, but only with respect to liability arising out of "your- work" for that person or organization: performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following.wri fen contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recoverywe may have against the persori(s) or orgariization(s) indicated in the Schedule shown above because of payments we make for injury or damage, arising out of "your work" performed under a written contract with that person(s) or organization(s). 5. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided, by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded b) (t hisEndorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN'UNCWANGED. EN0147-1111 Page 1 of'l STATE ENDORSEMENT AGREEMENT COMPENSATION WAIVER OF SUBROGATION INSURANCE BLANKET BASIS BROKER COPY HOME OFFICE SAN FRANCISCO EFFECTIVE DECEMBER 1, 2020 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING DECEMBER 1, 2021 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME CWE 1561 E ORANGETHORPE AVE STE 240 FULLERTON, CA 92831 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER 9170147-20 RENEWAL SP 7-84-15-94 PAGE 1 OF 1 NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: NOVEMBER 25, 22020 AUTHORIZED REPRESENTIVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) 2572 OLD DP 217