HomeMy WebLinkAboutAgenda Report - January 20, 2016 C-06AGENDA ITEM CIM(D
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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to
Professional Services Agreement with Pacific EcoRisk, Inc., of Fairfield, for Toxicity
Reduction Evaluation Action Plan ($17,000)
MEETING DATE: January 20, 2016
PREPARED BY: Interim Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 1
to Professional Services Agreement with Pacific EcoRisk, Inc., of
Fairfield, for Toxicity Reduction Evaluation Action Plan, in the amount of
$17,000.
BACKGROUND INFORMATION: The National Pollutant Discharge Elimination System (NPDES) requires
White Slough Water Pollution Control Facility (WSWPCF) to monitor
chronic toxicity on a quarterly basis. The chronic toxicity analysis
requires fish (fathead minnows), algae, and crustaceans (water fleas) to be monitored for survival and
reproduction in the final effluent. All of these species are extremely sensitive to water quality and indicate
biological survivability in the receiving water.
During the 2015 fourth quarter monitoring, the water flea did not sufficiently reproduce. In accordance with
permit requirements, that required the City to perform accelerated monitoring comprising multiple and more
frequent sampling. If additional failures occur during the accelerated monitoring period a Toxicity Reduction
Evaluation (TRE) Action Plan is required.
The accelerated monitoring began Monday, December 14, 2015. On January 5, 2016, staff was notified of a
second failure during the accelerated monitoring period, triggering a TRE Action Plan. The total cost for
accelerated monitoring ($6,026) and TRE Action Plan ($9,428.25) is $15,454.25.
Staff is actively working to determine the cause of the toxicity and will take appropriate action as soon as
possible.
Staff recommends authorizing the City Manager to execute Amendment No. 1 to Professional Services
Agreement with Pacific EcoRisk, Inc., for TRE Action Plan, in the amount of $17,000.
FISCAL IMPACT:
FUNDING AVAILABLE:
CES/KH/trb
Attachment
If WSWPCF does not perform the TRE, the City will be in violation of the
discharge permit and exposed to fines and penalties.
Plant Operations FY 2015/16 (53053003.72450)
Jordan Ayers
Deputy City Manager/Internal Services Director
Vo le, Charl s E. imley, Jr.
Interim Public Works Director
R:\GROUP\ADMIN\Council Items\2016\January 20\Pacific Eco Risk PSA Amendment\Pacific EcoRisk Amendment No. 1 CC.doc 1/6/16
AMENDMENT NO. 1
PACIFIC ECORISK, INC.
Professional Services Agreement
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made
and entered this _ day of January, 2016, by and between the CITY OF LODI, a municipal
corporation (hereinafter "CITY'), and PACIFIC ECORISK, INC. (hereinafter "CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into Professional Services Agreement
(Agreement) on October 23, 2015, as set forth in Exhibit 1;
2. WHEREAS, CITY seeks to amend the Agreement to expand the scope of service and
fees as set forth in Exhibits 2 and 3;
3. WHEREAS, CITY seeks to increase the total cost of services, not to exceed $30,137;
4. WHEREAS, CONTRACTOR agrees to said amendments.
NOW, THEREFORE, the parties agree to amend the Scope of Services and Fees in the
Agreement as set forth in Exhibits 1, 2 and 3, respectively. All other terms and conditions of the
Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Amendment No. 1 on , 20_
CITY OF LODI, a municipal corporation PACIFIC ECORISK, INC.
STEPHEN SCHWABAUER
City Manager
Attest:
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney �<
STEPHEN L. CLARK
Vice President
Exhibit 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on _ C�> ,33 2015,
by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
PACIFIC ECORISK (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for Quarterly
Toxicity Testing (hereinafter "Project") as set forth in the Scope of Services attached
here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such
services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
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counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on November 1, 2015 and terminates
upon the completion of the Scope of Services or on October 31, 2016, whichever occurs
first.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
3
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless
CITY, its elected and appointed officials, directors, officers, employees and volunteers
from and against any claims, damages, losses, and expenses (including reasonable
attorney's fees and costs), arising out of performance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence, sole negligence, or sole willful misconduct of the
City of Lodi, its elected and appointed officials, directors, officers, employees and
volunteers. CITY may, at its election, conduct the defense or participate in the defense
of any claim related in any way to this indemnification. If CITY chooses at its own
election to conduct its own defense, participate in its own defense, or obtain independent
legal counsel in defense of any claim related to this indemnification, CONTRACTOR
shall pay all of the costs related thereto, including without limitation reasonable attorney
fees and costs. The defense and indemnification obligations required by this Agreement
are undertaken in addition to, and shall not in any way be limited by the insurance
obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
4
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Brian Longpre
To CONTRACTOR: Pacific EcoRisk
2250 Cordelia Road
Fairfield, CA 94534
Attn: Stephen L. Clark
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
5
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
6
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Cautions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
7
4 -
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
ARM YETTRE101
rVi a, Irk
F":RAIOLO
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
By:
CITY OF LODI, a municipal corporation
F. W . LLY S DELIN
Public Works Director
PACIFIC ECORISK
By: -A-1 'L — I X
Name: STEF4WN L. CLARK
Title: Vice President
Attachments:
Exhibit A —Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 53053003.72450
(Business Unit & Account No.)
Doc ID:\\lodi.gov\pwws\Admin Clerk\PSA's\Pacific EcoRisk\Pacific EcoRisk PSA
CA:Rev.01.2015
8
Brian Longpre
City of Lodi
1331 S. Ham Lane
Lodi, CA 95242
Brian:
Exhibit A
October 1 2015
Per your request, we are providing you with the following Scope of Services that Pacific
EcoRisk will provide to address toxicity testing to be performed for the City of Lodi.
The City of Lodi is required to perform quarterly chronic 3 -species aquatic toxicity
testing per Attachment E (Section V) of their NPDES permit (Order # R5-2013-
0125). Pacific EcoRisk will perform this testing for 4"' quarter 2015 and the 1" and 2nd
quarter 2016 per the costs provided in the quote dated October 1, 2015. Pacific
EcoRisk will ship coolers and sample containers for this testing to the City of Lodi,
but City of Lodi staff have chosen to be responsible for delivery of the samples to
Pacific EcoRisk. This testing will be performed in accordance with the guidance
provided in the EPA chronic freshwater toxicity testing manual (EPA 821-R-02-13),
and will be reviewed in accordance with this manual and the guidance provided in the
EPA guidance document, Method Guidance and Recommendations for Whole
Effluent Toxicity (WET) Testing (40 CFR Part 136). Our standard report turn -around -
time of 14 days after test termination will be applied to this project.
Pacific EcoRisk is nationally certified to perform this testing (ORELAP Lab ID 4043,
Certificate #4043-003), but also maintains accreditation through CA-ELAP
(Certificate #2085); all work for the City of Lodi will be performed under the more
stringent quality requirements of the National Environmental Laboratory
Accreditation Program.
Please give me a call at (707) 207-7766 if you have any questions regarding Scope of Services.
Sincerely,
Digitally signed by
a. J Stephen L Clark
Date: 2015.10.01
14:43:22 -08'00'
Stephen L. Clark
Vice President & Special Projects Director
Pacific EcoRisk
2250 Cordelia Rd. ,
Fairfield, CA 94534
PH (707)207-7760
FAX (707)207-7916
E=red o
City of Lodi
1331 S. Ham Lane
Lodi, CA 95242
Exhibit B
Quote #: N/A
'Date: 10/1/15
'Good 6/30/16
Through;
Arian Longpre
209-642-07.4.9
Service
Quantityl
Unit
'Unit Fee
Net Fee
City of Lodi NPDES Toxicity Testing
Chronic Toxicity Testing (100%)
96 -hr algal growth test with Selenastrum capricornutum
3
ea.
$811
$2;43
7 -day Survival and reproduction chronic test with Ceriodaphnia dubia
3
ea.
$811
$243
7 -day Survival and growth chronic test with fathead minnows
3
ea,
$811
$2,43
Reference Toxicant Testing
Concurrent chronic Selenastrum capricornutum REFTOX
3
ea.
$1,117
$3,35
Concurrent chronic Ceriodaphnia dubia REFTOX
3
ea.
$1,292
$3,87
Concurrent chronic fathead minnow REFTOX
3
ea.
$1,3$4
$4;15'
50%. Cast Share
55.69
soler/Sample Container Shipment to City of Lodi 9 1 ea. 1 $151 $1
10% G&A $
:port Preparation (per report)
Senior Scientist 4 hrs. $121 fee Ivair
Project Manager 2 1 hrs, $191 fee %vaiv
Atex and Assumptions
Quote covers quarterly chronic toxicity testing requirement through June 30, 2015 for the current Lodi NPDES permit. As page E-7 of
1, the permit allows for testing with one control, the costs above reflect testing only with a Lab Water Control (i.e., do not include costs for
testing a Receiving Water sample).
Note. Reference toxicant testing is required in the permit to be performed concurrent effluent testing. The reference toxicant costs m
y, that the City of Lodi will provide flexibility to schedule their testing concurrent with another client; this results in a 50% reduction in the
costs of the reference toxicant testing.
3. Cost includes Standard Report TAT of 14 days from test termination.
Sam .!e_ddWpt'y and tt'** rl costs not included in qp9ta, and will be addressed by thecit of Lodi, 41
Acceptance Signature:
Print Name:
Date:
Exhibit C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this
Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any
subcontractor performing work covered by this Agreement from claims for damages for personal injury, including
accidental death, as well as from claims for property damages, which may arise from Contractors operations under
this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or
indirectly employed by either of them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,
agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk
Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing
any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied
by either the Named Insured(s) or the City of Lodi.
It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore,
the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Contractor; whichever is greater.
Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims
period following termination of coverage which is at least consistent with the claims period or statutes of limitations
found in the California Tort Claims Act (California Government Code Section 810 et seq.).
A copy of the certificate(s) of insurance with the following endorsements shall be fumished to the City:
(a) Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability
coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City
of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as
additional named insureds. An additional named insured endorsement is also required for Auto Liability.
(b) Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will
not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20
01 04 13. A primary and non-contributory insurance endorsement is also required for Auto Liability,
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West
Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an
endorsement, a description of therp oiect that it is insuring.
(c) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or
excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City
before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured
shall not operate to increase the limit of the company's liability.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi,
CA 95240.
Page 11 of 2 pages i Risk: rev.08.2015
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days
prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor
shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractors
insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and
immediately obtain replacement insurance.
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with
interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The
City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount
paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest
on the first (1s) day of the month following the City's notice. Notwithstanding and other provision of this
Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails
to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities.
(h) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are
acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
Page 2 1 of 2 pages I Risk: rev.06.2015
�''� PACIFIC I C 0 R I S K
Pacific EcoRisk
2250 Cordelia Rd.
Fairfield, CA 94534
PH (707)207-7760
FAX (707)207-7916
F.NNAROXN1I-NIAI CONSULTING &'I Ii STING
t #: N/A:
Qhate: 11/30/15
6/30/16
Pre aced For:
[of Lodi ontact: Brian Longpre
133!1 South Ham Lane Phone-, 209-642-0749
, CA 95242 mail: bl
City of Lodi NPDES Accelerated Toxicity Testing
Chronic Toxicity Testing (100% Effluent)
7 -day Survival and reproduction chronic test with Ceriodaphnia dubia 4
Reference Toxicant Testing
Concurrent chronic Ceriodaphnia dubia REFI'OX 4
oler/Sample Container Shipment to City of Lodi 12
port Preparation (per report)
Senior Scientist 2
Project Manager 1
Unit I Unit Fee I Net Fee
ea, 1 $8111 $3,24
ea. $1,292
$5,16
50% CdJ,f! Share
ea.
I $15
40
10%
G&A
$1
hrs,
$121
fee WW"
hrs.
$191
fee 90"
Nates and Assumptions
I. Quote covers accelerated monitoring (4 tests) utilizing 100% effluent only.
Note: Reference toxicant testing is required in the permit to be performed concurrent with effluent testing. The reference toxicant costs
assume that the City of Lodi will provide flexibility to schedule their testing concurrent with another client; this results in a 50%
reduction in the costs of the reference toxicant testing.
Cost includes Standard Report TAT of 14 days from test termination.
5
o:del!= and UIM*Pott costs not included in Uott; and will be addressed the City of Lodi.
Acceptance Signature:
Print Name:
Date:
Exhibit 2
L > PA(I11( ECORISK
Brian Longpre
City of Lodi
1331 S. Ham Lane
Lodi, CA 95242
Brian:
Exhibit 3
ENVIRONMENTAL. CONSULTING &'1 ESTING
December 9, 2015
Per your request, we are providing you with the following Scope of Services that Pacific
EcoRisk (PER) will provide to address accelerated monitoring and Toxicity Reduction
Evaluation requirements in the City of Lodi NPDES permit.
The City of Lodi is required to perform quarterly chronic 3 -species aquatic toxicity
testing per Attachment E (Section V) of their NPDES permit (Order # R5-2013-
0125). Should a toxicity of greater than 1 Toxic Unit (TU = 100/No Observed Effects
Concentration) be observed for routine quarterly compliance testing, Section C.2.a.
requires the following services that PER will provide:
i. Accelerated Monitoring and TRE Initiation. When the numeric toxicity monitoring
trigger is exceeded during regular chronic toxicity monitoring, the Discharger shall
initiate accelerated monitoring as required in the Accelerated Monitoring
Specifications. The Discharger shall initiate a TRE to address effluent toxicity if any
WET testing results exceed the numeric toxicity monitoring trigger during accelerated
monitoring.
ii. Numeric Toxicity Monitoring Trigger. The numeric toxicity monitoring trigger to
initiate a TRE is > 1 TUB (where TUC= 100/NOEC). The monitoring trigger is not an
effluent limitation; it is the toxicity threshold at which the Discharger is required to
begin accelerated monitoring and initiate a TRE when the effluent exhibits toxicity.
iii. Accelerated Monitoring Specifications. If the numeric toxicity monitoring trigger is
exceeded during regular chronic toxicity testing, the Discharger shall initiate
accelerated monitoring within 14 days of notification by the laboratory of the
exceedance. Accelerated monitoring shall consist of four (4) chronic toxicity tests
conducted once every 2 weeks using the species that exhibited toxicity. The following
protocol shall be used for accelerated monitoring and TRE initiation:
(a) If the results of four (4) consecutive accelerated monitoring tests do not
exceed the monitoring trigger, the Discharger may cease accelerated
monitoring and resume regular chronic toxicity monitoring. However,
notwithstanding the accelerated monitoring results, if there is evidence of
effluent toxicity, the Executive Officer may require that the Discharger initiate
a TRE.
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Pacific EcoRisk Environmental Consulting & Testing
(b) If the source(s) of the toxicity is easily identified (e.g., temporary plant upset),
the Discharger shall make necessary corrections to the facility and shall
continue accelerated monitoring until four (4) consecutive accelerated tests do
not exceed the monitoring trigger. Upon confirmation that the effluent toxicity
has been removed, the Discharger may cease accelerated monitoring and
resume regular chronic toxicity monitoring.
(c) If the result of any accelerated toxicity test exceeds the monitoring trigger, the
Discharger shall cease accelerated monitoring and begin a TRE to investigate
the cause(s) of, and identify corrective actions to reduce or eliminate effluent
toxicity. Within thirty (30) days of notification by the laboratory of any test
result exceeding the monitoring trigger during accelerated monitoring, the
Discharger shall submit a TRE Action Plan to the Central Valley Water Board
including, at minimum:
(1) Specific actions the Discharger will take to investigate and identify the
cause(s) of toxicity, including a TRE WET monitoring schedule;
(2) Specific actions the Discharger will take to mitigate the impact of the
discharge and prevent the recurrence of toxicity; and
(3) A schedule for these actions.
In regards to the TRE services, PER includes a site visit, an initial TRE facility performance
evaluation, and a TRE Action Plan. The scope of work for the TRE are as follows:
Task 1: Site Visit, Interview, Kick -Off Meeting
PER will conduct a single site visit and initial kick-off meeting at the Lodi WWTP. Efficient
and successful TRE's require close association and communication between parties familiar
with collection system, industrial pretreatment, and facility operations. PER's project
manager and project assistant will attend this site visit and meeting. The purpose of the site
visit and meeting will be to tour the WWTP, interview collection system, pretreatment
program, WWTP operations and engineering staff, and review/observe effluent sample
collection and handling procedures first hand so as to develop a "most likely" list of possible
causes or contributors to observed effluent toxicity. Information developed at this meeting
will be utilized to prepare a TRE Action Plan (Task 2). This brief report will be prepared for
the Central Valley Water Board, and will summarize Lodi's future planned investigative
actions.
Task 2: Initial Facility Performance Evaluation and TRE Action Plan
PER will prepare a draft TRE Action Plan for Lodi's review and comment. Consistent with
Lodi's NPDES permit, this report will include a) the specific actions Lodi will take to
investigate and identify the causes of toxicity (including a review of existing data and a
Pacific EcoRisk Environmental Consulting & Testing
facility performance evaluation), b) a TRE WET monitoring schedule, c) general actions
Lodi will take to control toxicity and prevent its recurrence, and d) a schedule for
implementation of these actions. In preparation of this report, PER will utilize all information
and data obtained through the site visit and kick-off meeting to plan and document strategies
for the TRE investigation (i.e., initial facility performance evaluation). A single round of
comment and revision is budgeted for the administrative draft.
Deliverables:
Administrative Draft TRE Action Plan
Final TRE Action Plan Amendment and Progress Update
PER's laboratory is nationally certified to perform this testing (ORELAP Lab ID 4043,
Certificate #4043-003), but also maintains accreditation through CA-ELAP (Certificate
#2085); all work for the City of Lodi will be performed under the more stringent quality
requirements of the National Environmental Laboratory Accreditation Program.
Please give me a call at (707) 207-7766 if you have any questions regarding Scope of Services.
Sincerely,
Digitally signed by
Q&j_ Stephen L. Clark
Date: 2015.12.09
14:11:14 -08'00'
Stephen L. Clark
Vice President & Special Projects Director
Pacific EcoRisk
2250 Cordelia Rd.
Fairfield, CA 94534
PH (707)207-7760
FAX (707)207-7916
TAX ID #: 68-0482693
QUOTE
Qtiots.:, NA
Date: 12/9/15
�pAd 2015
Prepared For:
My of Lodi contact: Brian Longpre:
1331 South Ham Lane PhG =e: 209-642-0749
C.od€, CA 95242 mail: bj2WW@L4Z2v
erviceQuantity_
nit
Unit Fee
NetFee
City of Lodi W WTP - TRE Action Plan
Task 1: Site Visit, Interview, Kick-off Meeting
Brant Jorgenson
9
hrs.
$191
$1,719.0
Senior Scientist
9
hrs.
$138
$1,242.00
Mileage
350
mile
$0.575
$201.25
Task 2: Initial Facility Performance Evaluation and TRE Action Plan
Senior Scientist
20
hrs.
$138
$2,760.0
Brant Jorgenson
16
hrs.
$191
$3,056.00
Scott Ogle
2
hrs.
$225
$450.00
Total
o es & Aswroptions;
1. Please see associated scope of work.
. Quoted as time and materials not to exceed. Only actual hours utilized would be billed.
3. TRE related toxicity testing is not included in quote
Initial facility pefonnance evaluation inicudes review of influent, effluent, and plant process data for period of
observed t njot .
Not to exceed $17,000
RESOLUTION NO. 2016-09
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH PACIFIC ECO RISK, OF FAIRFIELD,
FOR TOXICITY REDUCTION EVALUATION ACTION PLAN
WHEREAS, the National Pollutant Discharge Elimination System (NPDES)
requires White Slough Water Pollution Control Facility to monitor chronic toxicity on a
quarterly basis; and
WHEREAS, during the 2015 fourth-quarter monitoring by the NPDES,
White Slough Water Pollution Control Facility failed a portion of the chronic toxicity
analysis, requiring accelerated monitoring; and
WHEREAS, on January 5, 2016, staff was notified of a second failure of the
Water Flea Test (within the accelerated monitoring period), triggering a Toxicity
Reduction Evaluation (TRE) Action Plan; and
WHEREAS, staff recommends authorizing the City Manager to execute
Amendment No. 1 to the Professional Services Agreement with Pacific EcoRisk, Inc., for
the accelerated monitoring and the TRE Action Plan, in an amount not to exceed
$17,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 1 to the Professional Services
Agreement with Pacific EcoRisk, Inc., of Fairfield, California, for the accelerated
monitoring and TRE Action Plan, in an amount not to exceed $17,000.
Dated: January 20, 2016
I hereby certify that Resolution No. 2016-09 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 20, 2016 by the following
vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
VJN IFER FERRAIOLO
City Clerk
2016-09