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Agenda Report - September 16, 2015 C-05
AGENDA ITEM C4a 5 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with NV5, Inc., of Manteca, for Preparation of Updated Operations and Maintenance Manual for White Slough Water Pollution Control Facility ($90,000) MEETING DATE: September 16, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with NV5, Inc., of Manteca, for preparation of updated Operations and Maintenance Manual for White Slough Water Pollution Control Facility, in the amount of $90,000. BACKGROUND INFORMATION: The White Slough Water Pollution Control Facility (WSWPCF) has undergone multiple expansions and improvements over the years to meet increasingly stringent discharge standards, including the 2007 addition of tertiary filtration and the replacement of chlorine gas with ultraviolet light disinfection. The current Operations and Maintenance (O&M) Manual was prepared in 1977. Additionally, on July 30, 2015, the Regional Water Quality Control Board (RWQCB) conducted an inspection of the WSWPCF and issued a notice of violation for having failed to develop an O&M Manual for the facility. A copy of the Compliance Evaluation Inspection and Notice of Violation letter is provided in Attachment A. In light of the RWQCB requirement, staff recommends the preparation of an updated O&M Manual to serve as a guide for plant operation, preventive maintenance, training, and regulatory compliance. Preparation of an updated manual was approved by Council as an optional task under the West Yost Associates (WYA) Task Order No. 35 on June 18, 2014. However, this work will not be executed under the WYA contract because the NV5, Inc., price is lower. Staff recommends NV5, Inc., be awarded the project on the basis of recent experience, qualifications and price. The proposal states the updated manual will be completed by March 2016. The RWQCB requires the O&M Manual be submitted by December 31, 2015. If the NV5 contract is approved, staff will contact the RWQCB to request an extension to the compliance date. FISCAL IMPACT: Improved operations and lower costs will result from implementation of the O&M Manual. FUNDING AVAILABLE: Wastewater O 53053003) Jordan Ayers Deputy City Man7�e� nternal rvices Director 1-/ F.Wally S ndelin Public Works Director Prepared by F. Wally Sandelin, Public Works Director FWS/FWS/tb APPROVED: -� Step 5c wab er, City Manager K:\WP\White Slough\CNV5_Updated 0 & M Manual.doc 9/2/2015 O� OALIIOIIMIA Water Boards Central Valley Regional Water Quality Control Board Ejuu D G{ BNDWN Jim Ob"Rmw MAin,aw RoaRou" H�IiGfARY f011 n0„N[R [A� •A01EC[�� 26 August 2015 RECEIVED Larry Parlin AUG 2 8 2015 Deputy Public Works Director CITY OF LODI City of Lodi MUNICIPAL SERVICE CENTER 1331 South Ham Lane Lodi, CA 95242 COMPLIANCE EVALUATION INSPECTION AND NOTICE OF VIOLATION, CITY OF LODI, WHITE SLOUGH WATER POLLUTION CONTROL FACILITY, SAN JOAQUIN COUNTY The City of Lodi (Discharger) discharges treated wastewater from the White Slough Water Pollution Control Facility (Facility), which is regulated by a land discharge permit Waste Discharge Requirements (WDRs) Order R5-2007-0113-01 and by surface water discharge permit WDRs Order R5-2013-0125-01 (NPDES CA0079243). Central Valley Water Board staff conducted an inspection of the Facility on 30 July 2015 to determine compliance with WDRs Order R5-2013-0125-01. The inspection found that the Discharger is generally in compliance with Order R5-2013-0125-01. However, Board staff have identified the following violations and area of concern during the inspection. Violations (Order R5-2013-0125-01) According to Standard Provision I.D, the Discharger shall at all times properly operate and maintain all facilities and systems of treatment and control which are installed or used by the Discharger to achieve compliance with the conditions of this Order. During the inspection, the Discharger stated that they do not have an operation and maintenance manual (O&M Manual) for the Facility. Board staff has previously recommended developing an O&M Manual for the Facility as described in a previous inspection dated 20 March 2014; however, the Discharger has failed to develop an O&M Manual for the Facility. Board staff is extremely concerned that not having an O&M Manual will have a negative impact on the maintenance of the Facility. In order to maintain the Facility properly the Discharger must develop an O&M Manual for the Facility. By 31 December 2015, please prepare and submit an O&M Manual for the Facility. 2. According to the Monitoring and Reporting (MRP) Provision 1.1, the results of all monitoring required by this Order shall be reported to the Central Valley Water Board, and shall be submitted in such a format as to allow direct comparison with the limitations and requirements of this Order. In the 17 March 2013 electronic self-monitoring report (eSMR), the Discharger reported the effluent ammonia concentration as 2 mg/L. However, according to the laboratory report reviewed during the inspection, the effluent ammonia concentration was actually 2.1 mg/L. KARL E. LONOLEY SCD, P.E., CHAIR I PAMELA C. CREEDON P.E., BCEE, EXECUTIVE OFFICER 11020 Sun Center Drive H2O0, Rancho Cordova, CA 95670 1 www.waterboards.ca.gov/centralvalley Inspection ID: 21356503 CIWQS Violation IDs: 995074 and 995075 Ci RECYCLED PAPER Larry Parlin - 2 - 26 August 2015 This is a violation of MRP Provisions I.I. In the future please double check all of the monitoring data and ensure it is consistently reported to the Central Valley Water Board with exact laboratory reports prior to submittal. Please note that not reporting correctly prohibits the Central Valley Water Board from determining compliance with limits in the WDRs and failure to report accurately may be subject to discretionary penalties. Area of Concern The Discharger utilizes a computerized Hawk Jobs Tracking System (CMMS) to track maintenance orders at the Facility. During the inspection, the Discharger was unable to log into the CMMS software. Board staff is concerned that the Discharger's inability to log into the software will have a negative impact on the maintenance of the Facility and it may interfere with maintenance projects. According to previous inspections conducted on 13 February 2013 and 20 March 2014, the Discharger stated that by the end of the year 2014 they would fully implement the CMMS. As of the 30 July 2015 inspection, Board staff believes the Discharger is unable to maintain the software properly. Please develop and implement appropriate corrective actions to utilizing the existing CMMS to track work orders. By 25 September 2015, please provide a response to the inspection report addressing the violations and area of concern listed above indicating the actions that have been implemented, or will be implemented, to ensure proper operation and maintenance of all Facility systems. Also, by 31 December 2015, please prepare and submit an O&M Manual for the Facility. If you have any questions, please contact Mohammad Farhad at (916) 464-1181 or mfarhad(u)-waterboards.ca.gov. 7�- /�,#- Kari Holmes, PE Senior Water Resource Control Engineer NPDES Compliance and Enforcement Unit Enclosure: Compliance Evaluation Inspection Form Compliance Inspection Photo Log CALIFORNIA STATE WATER RESOURCES CONTROL BOARD F,,G ,,,,,;,,,, NPDES COMPLIANCE EVALUATION INSPECTION (CEI) REPORT Water Boards Central Valley Regional Water Quality Control Board -.'�...; Name and Location of Facility Entry Date Permit Effective Permit Expiration Date Inspected I Date White Slough Water Pollution Control Facility 7/30/2015 11/23/2013 11/1/2018 12751 N. Thornton Road Lodi, CA 95242 Notified of Inspection? Yes M No ❑ If no, state rationale: Name of the individual who provided consent: Name: Karen Honer Title: Wastewater Plant Superintendent Phone: (916)333-6868 Names and Titles of On -Site Representatives Name Title Phone Email Karen Honer Wastewater Plant Superintendent (209) 333-6868 khoner@lodi.gov Kenneth Capitanich Chief Wastewater Plant Operator (209)333-6232 kcapitanich@lodi.gov Name and Title of Responsible Official Name Title Phone Email Karen Horner Wastewater Plant Superintendent (209) 333-6868 khoner@lodi.gov Does grade level comply with plant classification? Yes ® No ❑ Inspector Information Name Title Phone Email Kari Holmes SWRCE (916) 464-4623 Kari.holmes@waterboards.ca.gov Mohammad Farhad WRCE (916) 464-1121 mfarhad@waterboards.ca.gov Alejandra Serratos WRCE (916) 464-4634 Alejandra.Serratos@waterboards.ca.gov Weather and site conditions present during time of inspection: Sunny about 89° C Comments: Central Valley Water Board staff conducted an inspection of the White Slough Water Pollution Control Facility to determine compliance with WDRs 115-2013-0125. City of Lodi 1 Entry Time 8:30 AM Correct Mailing Address? Yes ® No ❑ NPDES Permit Number: CA0079243 Order Number: R5-2013-0125 Type of Facility: POT/ Receiving Water Name: Dredger Cut County: San Joaquin Current Plant Classification: IV Notified of Inspection? Yes M No ❑ If no, state rationale: Name of the individual who provided consent: Name: Karen Honer Title: Wastewater Plant Superintendent Phone: (916)333-6868 Names and Titles of On -Site Representatives Name Title Phone Email Karen Honer Wastewater Plant Superintendent (209) 333-6868 khoner@lodi.gov Kenneth Capitanich Chief Wastewater Plant Operator (209)333-6232 kcapitanich@lodi.gov Name and Title of Responsible Official Name Title Phone Email Karen Horner Wastewater Plant Superintendent (209) 333-6868 khoner@lodi.gov Does grade level comply with plant classification? Yes ® No ❑ Inspector Information Name Title Phone Email Kari Holmes SWRCE (916) 464-4623 Kari.holmes@waterboards.ca.gov Mohammad Farhad WRCE (916) 464-1121 mfarhad@waterboards.ca.gov Alejandra Serratos WRCE (916) 464-4634 Alejandra.Serratos@waterboards.ca.gov Weather and site conditions present during time of inspection: Sunny about 89° C Comments: Central Valley Water Board staff conducted an inspection of the White Slough Water Pollution Control Facility to determine compliance with WDRs 115-2013-0125. City of Lodi 1 PRE -INSPECTION* Date of Last Inspection: 3/20/2014 Effluent Limit and Receiving Water Violations since last inspection Number of Corrective Action Notes Constituent Violations Yes No Ammonia 3 © ❑ Month of February 2015 ( ❑ ❑------. .see Note 1) - ------------------------------- ---------------- ----- ....... ---------------------------------------❑ F-1 -------------------------------------- --------- .------------------------------------F-1 ❑.---------------------- ---------- -------------- Monitoring and Reporting Violations Ammonia Levels — Jan2015 SMR 13.97mg/L 1/6/15 ---------------------------------------------- ... -----------...-.--------------------------------------------------- Ammonia Levels— Feb2015 SMR 30.13mg/L 2/5/15 5.3mg/L 2/17/15 --------------------------------------------- - -------------- -------------------- -- ----------------- Monitoring and Reporting violation: Discharger failed to monitor ammonia --- and nitrate +nitrite the week of 2/22/15 Have any spills/bypasses been reported to the Regional Board? If yes, list dates and times 12,000 gallons of secondary treated effluent spill alongside Thornton Road (1/19/14). --------------------------------------------------------------------------------------------------------------- ---.................. 19,000 gallons of blended secondary effluent and industrial effluent into road side ditch on Thornton Road (6/6/14). ------------------------------------------------------------------------------------------------------------------------------------ --- 650 gallons of blended secondary treated and industrial effluent alongside Thornton Road (7/2/14): - -----=-------_---=r Discharger discovered that their irrigation ditch alongside Thornton Road was leaking onto the road. Discharger installed potable pumps and returned 65,000 gallons to the dischargers property. (7/30/14). - - ----------------------------------------------------------------------------------------------- Approximately 3,500 gallons of secondary treated effluent spilled onto Thornton Road (9/9/14). - ------------------------------------------------------ Describe and permit or TSO/CDO related concerns that might affect the inspection process: N/A 11 -------------------------------------------------------------------------------------------------- ---------------------- Notes: 1. According to the Discharger, the Facility experienced higher than normal flows due to storm water. This caused the Facility to have a shorter wastewater detention time during the nitrification process causing the effluent to have higher ammonia concentrations. ------------- ---------------------------------------- --... ..--------------------_ . . ..---------- ...-------------------..... *The information provided in this sheet is for discussion purposes during the inspection only and is not intended to solidify or confirm any enforcement actions the Regional Board may take in the future. City of Lodi 2 Secondary Treatment Aeration Basin (nitrifies/de-nitrifies) No.: 6 N ❑ --------------------------------------- Secondary Clarifier No.: 3 N El Pond/Stabilization Basin/Storage Storage Ponds No.: 4 ❑ 23 _ _-Equalization Ponds------ -- -- No.: 3 ❑ ❑ Freeboard: Over two feet Notes: Present Site Walk Inspection Well Described Treatment Processes in use at the Facility by Permit Maintained Yes No Headworks Yes No Influent screening ❑ -- --- -- - --- ------ -- ----------- - y -------------- Mechanical) Cleaned Bar Screens ------------------------------ _ Z El---- Influent flow measurement ❑ Parshall Flume ❑ N --_---11 Composite sampler internal temperature: 0.5° C Primary Treatment xi ❑ Primary Clarifier No.: 5 Other: ❑ Secondary Treatment Aeration Basin (nitrifies/de-nitrifies) No.: 6 N ❑ --------------------------------------- Secondary Clarifier No.: 3 N El Pond/Stabilization Basin/Storage Storage Ponds No.: 4 ❑ 23 _ _-Equalization Ponds------ -- -- No.: 3 ❑ ❑ Freeboard: Over two feet Notes: Present Observed Well ❑ on Site Operating Maintained ❑ Yes No Yes No Yes No N ❑ N ❑ FRI ❑ N ❑ N ❑ u ❑ xi ❑ N ❑ N ❑ N ❑ N ❑ Z ❑ N ❑ 01 ❑ N ❑ Chi ❑ ; Notes: -------------------- - --- ......... --------------------------------------------------------------- --............ . ---------------------------------------------------------------------------------------------------------------------------------- ---- ----------------------------------------------------------------------------------------------------------------------------- -------------------------------------- -------------------------------------------------------------------------------------------- ----------------------...... --------------------------------------------------------------------------------------------------- ---------------------- ------------------------------------------------------------------------------------------------------- City of Lodi 4 Site Walk Inspection (continued) Described Present Observed Well Treatment Processes in use at the Facility by Permit on Site Operating Maintained Yes No Yes No Yes No Yes No Filtration Cloth Filters' No.: 4 N ❑ N ❑ N ❑ 2:1 J Disinfection UV (Trojan 3000+) ® ❑ N ❑ N ❑ No.: 2 Banks No.: 5 #lamp/Bank No.: 176 _ ____Channels _ Cleaning_Freguency _______ Once per month Effluent flow measurement Parshall Flume ❑ ® ❑ ® ❑ ❑ Composite Sampler: Internal temperature 2.4° C (Not discharging to surface water) Biosolids Digestion Yes ® No ❑ Anaerobic_Di2i ster .... No.: 4 N ❑ N ❑ N ❑ Dissolved Air No.: 2 N ❑ .z ❑ LI I❑ Flotation (DAF) --Flat tion- DA--------- ----------- ----- ---------------------- Dewaterin -- Yes N No ❑ --- -- Fan Fan Press No.: 2 ® --�------- ®-----� ---------®-------- Drying Beds___________ Yes ❑ No N s_ lu_ d_ge Lagoons_ No.: 2 J N 01 N ❑ ® ❑ ® ❑ Other _Land_application ______________ ® ❑ N ❑ N ❑ N ❑ Areas No./acres Groundwater monitoring programa Yes N No ❑ Notes: -------------------- - --- ......... --------------------------------------------------------------- --............ . ---------------------------------------------------------------------------------------------------------------------------------- ---- ----------------------------------------------------------------------------------------------------------------------------- -------------------------------------- -------------------------------------------------------------------------------------------- ----------------------...... --------------------------------------------------------------------------------------------------- ---------------------- ------------------------------------------------------------------------------------------------------- City of Lodi 4 SITE WALK INSPECTION (continued) Chemicals on site MS/DS Secondary Containment Yes NO Yes NO 1. Polymer ® ❑ ® ❑ 2. Chlorine (see Note 1) ❑x ❑ ❑ N 3. ❑ ❑ ❑ ❑ 4. ❑ ❑ ❑ ❑ 5. ❑ ❑ ❑ ❑ Operations and Maintenance Yes No - -------------------------------------------------------------------------------- Maintenance program appears to be in place and being followed ----------------------------------------------------------------- ----------------- z ❑ - Emergency Operations ---------- -----------------------------------------------------------------------------------------------------------------= Is auxiliary power available? ® ---__-:: ❑ ---•----------------------------------------------------------------------- Are there alarm systems for power and equipment failure? ---------------------------------- =---------------------------------- ® ❑ -------------------------------------------------- Are treatment controls procedures establish for emergencies? ------------- ----------------------- ® ❑ ------ ---... -------------------------------------------------------------------- Miscellaneous --------------------------------- --------------- ----------------- --------------------------------------- •-------- --------------------------------------------- Does the Facility appear well operated and maintained? ---..y- ----------------------- ® ❑: --------------------------------------------------------------------- Do biosolids dewateringarea include leachate and runoff control. ---------------- ------------------------ ® ❑ ---- --------------------------------------------------------------------------------- Do biosolids storage area include leachate and runoff control? ------------------------------------------------------------------------------------------------------------------------------- ---------------------- ® ❑ Is public access restricted from the facility? ® ❑ Notes: �. I IIc a.inUi nic UI UIIII iv�,aILCU IICAL LU UMr UIIILb, wda IIUL bULUfCU Uy SCLU11Udry LUnldinmeni. Doaro siaTT recommends that the chlorine containers be placed in secondary containment immediately_ __. City of Lodi 5 FINAL EFFLUENT AND RECEIVING WATER Was the Facility discharging to surface water? Yes ❑ NO Appearance of final effluent Yes No N/A The effluent was viewed during. the inspection ----------------------------------- ---- ❑ ❑ ---------------------------------------- contained color ------------------------------------------------ ❑ ❑ - ---------------------------- - ------------- clear ❑ ❑ sheenspresent ------ I ......... El El------------------------------------------- ----------------- scum present ------------------------------------------------------------------------------- ❑ ❑ ------------- foam present --------------------------------------------- =---------------------:_::----------- ❑ ❑ other: Effluent characterization --------•----------------------------------------------------------------------- -------------- Flow measurement location is representative of the actual discharge -------------- -- -------------•--------------------------------------------------------------- ❑ ❑ Flow measurement devices designed to comply with permit requirements -------------------- ❑ ❑ ED pearance of the Receiving Water ---------------------------------------------- -• ---------- The receiving water was viewed during the inspection ------- -----------------------------------------------,__________-=- E) E)------ ------ ----------- Compare upstream and downstream conditions. Check only those that differ: -------------------------------------------------------------- - - - - - - - - - - - - - - foam or sheens present' --------------------------------- --------- - ----- ------------ ❑ ❑ - - ----------- - - - - - - - - - - - - - distinctly visible plume ------------------------ ---------------------- - - ❑ ❑ ---_---_____----- presence of snails --------------------•----------------------------------------- i--- El ❑ - - - - - - - - - -------------- erosion at the discharge location -------------------------------------- ---------------------------------- -------------------- ❑ ❑ presence of bottom deposits ------------------------------------------------------------------------------------------- ❑ ❑ filamentous algae growths ............ -------------------------------= ❑ ❑ ------------- -- microb -----------ial layers --------on ----aquatic---------plants ----------------------------=----------- ❑ ❑ - - - - - - - - - - --- --- - Other: - - ❑ ❑ Notes: City of Lodi 6 RECORDS AND REPORTS Current NPDES permit available on-site ---------------------------------- -------------------------------------------------------- -Permit- modification- /amendments- - - - - ------------ ------ ------ --------------- -----------------------.................................... Compliance orders - ------------------- calibration available on-site ---------------------------------- Date of last calibration Coop er Cany on Calibration performed by 10/21/2014 ..................... Effluent flow meter calibration available on-site ---------------------------------------------------------------------------------------------........ Date of last calibration Cooper Canyon Calibration performed by 10/21/2014 Salinity Evaluation and Minimization Plan ---------------------------------------------------------------- ------- -- --------------- Maintenance records and log book ------------------------------------------- -•------------------------------ .-------------------- Standard -.---------- ----- -Standard Operating Procedures (SOPs) ----------------•------------------------......-------------------------------------------- Effluent & Receiving Water Characterization Study ----------------------------------------------------•-------------- Documents related to recent Facility upgrade --------------------•---....--------------------------------------------.,.-..r.-r--r�t._.__.�-_,,._._ Number of open work orders: See Note 1 Oldest date of open work order: See Note 1 Operation and maintenance manual Is the Facility staffing requirement described in the O&M manual? -------------------------------------------------------------------------------------------------- Is the Facility staffed in accordance with the O&M manual? ------------------------------------------------------------ - --------- Operation and maintenance (0 & M) manual ------------------------------------------------------------------------------------------------------ Plant spill and bypass records ------------------------ ------------------------------------------ Biosolids disposal plan ----------------------------- ------=----=-- - ------ --------------- Operation log books How are records maintained? Electronic ❑ Pen Are all records and reports required by the permit are organized and available? .---------------------------- ------------------------------------------------------------------ Auxiliary Power check log records ------------------------ -------------------------------------------------------- Air Board permit number: N-3404 EXP: Does on-site laboratory have an approved QA/QC Plan --------- -- -------------------------------- ------------ ------------ :--------------------- Is on-site laboratory ELAP certified? ---------------- - --------------------___---------------------- ----------------------- ............. ... ..::... ...... .. .... Certification number : 1394 Expiration date: 12/31/2016 Yes No N/A Facility Class: IV Number of operators: 7 Chief plant operator : Karen D. Honer Grade V Notes: 1. Chief Operator was unable to log into Hawk Jobs to see total number of pending work orders and date of oldest open work order in the system. Board staff is unable to verify if the Discharger is maintaining the Facility properly based on number of open work orders and oldest date of work order. --------------------------------------------- --------- ------------ - - 2. The SOPs were not organized according to the Facility operation processes. The SOPS are necessary for proper operation and maintenance of the Facility to ensure consistency among operation and maintenance staff. Board staff recommends organizing and indexing the Facility's SOPS. .------------------- -------------------------------------------------------------------------------- City of Lodi 7 ® ❑ ❑ ® ❑ ❑ ® Pencil ❑ 12/31/2015 Facility Class: IV Number of operators: 7 Chief plant operator : Karen D. Honer Grade V Notes: 1. Chief Operator was unable to log into Hawk Jobs to see total number of pending work orders and date of oldest open work order in the system. Board staff is unable to verify if the Discharger is maintaining the Facility properly based on number of open work orders and oldest date of work order. --------------------------------------------- --------- ------------ - - 2. The SOPs were not organized according to the Facility operation processes. The SOPS are necessary for proper operation and maintenance of the Facility to ensure consistency among operation and maintenance staff. Board staff recommends organizing and indexing the Facility's SOPS. .------------------- -------------------------------------------------------------------------------- City of Lodi 7 RECORDS AND REPORTS (continued) Constituents analyzed on-site: 1. pH 2. BOD 3. TSS 4. DO 5. TCO 6. TDS 7. Fecal Coliform 8. Inorganics 9. Acute Toxicity Reported data is consistent with analytical results? (See Note 1) -------------------------------------------------------------------------------------------------------------- Yes ❑ No Contract laboratory records and chains of custody available? ----------------------------------------------------------------- Yes ❑ No ❑ Hand-Held Equipment Constituents analyzed with hand-held equipment: Calibration records Date of last available calibration 1. pH --------------------------------------- Yes ® No ❑ Not Discharging 2. Temperature ----------------------------------------------------------- Yes ® No ❑ 3. DO Yes ® No ❑ — 4. EC ---------------------.......... Yes ® No ❑ -------- 5. Yes ❑ No ❑ Notes: 1. During the inspection Board staff identified several transcription errors in the self-monitoring reports submitted to the Board via CIWQS. For future submittals when entering data into CIWQS, please double check data prior to certifying and submitting. ----------- •-------------------------------------------rr....--------..........--------•............. ---------------------------- City of Lodi 8 Attachment A—Photo Log White Slough Water Pollution Control Facility 30 July 2015 Page 1 of 3 al'inim ( - .• --•1. - � it t i1. t•1r �. - j ` J. .. M� 1;_• ,-. l _ r. Figure 1: Mechanical grit removal located at the Figure 2: Primary clarifiers appeared to be in good headworks appeared in good working condition. working condition. AIn Wl riwj F� � ti•4. Figure 3: The Discharger nitrifies and de -nitrifies Figure 4: Secondary Clarifier appeared to be in good wastewater prior to being directed to the secondary working condition. clarifier. Attachment A—Photo Log White Slough Water Pollution Control Facility 30 July 2015 Page 2 of 3 r '+ 1 I � •J Figure 5: The Discharger uses cloth filters for filtration. Figure 6: The filters appeared to be in good working condition. fry Iff t Figure 7: The UV contact chamber appeared to be in good working condition. According the Discharger, the Figure Dissolved air flotation (DAF) appeared to be in UV channels are cleaned once per month. r good working condition. Attachment A—Photo Log White Slough Water Pollution Control Facility 30 July 2015 L Figure 9: Influent composite sampler had an internal temperature of 0.5 °C during the inspection. t" Page 3of3 Figure 10: Effluent composite sampler, after disinfection, was refrigerated had an internal temperature of 2.4 °C. AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 20 , by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and NV5, INC. (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 Updated Operations and Maintenance Manual for White Slough Water Pollution Control Facility (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 counted against CONTRACTOR's contract performance period. Also, any delays due to 1 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 taffingCONTRACTOR 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 October 1, 2015 and terminates upon the completion of the Scope of Services or on September 30, 2017, whichever occurs first. 2 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: Wally Sandelin To CONTRACTOR: NV5, Inc. 1215 West Center Street, Suite 201 Manteca, CA 95337 Attn: Dave Richard 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 Captions 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 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: JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney IN :i CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager NV5, INC. By: Name Title: DAVE RICHARD 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:K:\WP\PROJECTS\PSA's\2015\NV5 PSA.doc CA:Rev.01.2015 8 EXHIBIT A PREPARATION OF AN UPDATED OPERATIONS AND MAINTENANCE MANUAL FOR THE CITY OF LODI WHITE SLOUGH WATER POLLUTION CONTROL FACILITY SCOPE OF SERVICES (Revision 2) April 2015 The City of Lodi (City) White Slough Water Pollution Control Facility (WPCF) has undergone expansions and improvements over the years to meet increasingly stringent discharge standards. As an example, a project completed in 2005 included the addition of tertiary filtration and the replacement of chlorine gas with ultraviolet light disinfection. Similarly, completed in 2007, plant improvements included influent screen, aeration basin modifications, secondary clarifier, digester upgrade, and rotary fan presses for solids dewatering. In view of the significant physical changes that have occurred, an updated operations and maintenance manual (O&M Manual) has been requested by the City. The O&M Manual is intended to serve as a guide for plant operation, maintenance, training, and regulatory compliance. NV5 will provide engineering services for preparation of the O&M Manual. A detailed scope of services is presented below. Task 1— Site Visits and Meetings with Operational Staff Four site visits and meetings with the treatment plant operational staff are anticipated for NV5. One site visit is required for a comprehensive tour of the WPCF. Site visits two and three are recommended to document operational procedures, process control parameters, and operator adjustments for liquid and solids trains, respectively. A fourth site visit will focus on a review of emergency operating procedures, flow diversions, and reporting requirements. Meetings with operational staff will also serve to confirm O&M Manual contents and specific informational needs. Task 2 — Review Engineering Documents, Regulatory Correspondence/Permit Documentation, Current O&M Manual, and Contractor -Furnished Equipment Operation and Maintenance Information NV5 will review regulatory correspondence/permit documentation and engineering documents (e.g. design drawings or record drawings) furnished by the City for the recent plant expansion and upgrade projects. The current O&M Manual will also be reviewed. City -furnished documents in electronic format are assumed. In addition, the construction contractor(s) for the recent projects were required to furnish operations and maintenance information for all equipment supplied under the construction contract. NV5 will review the information provided and incorporate key equipment supplier recommendations into the O&M Manual. Supplier recommendations to be included in the O&M Manual include lubrication and overhaul schedules, preventative maintenance, and troubleshooting. Lodi White Slough WPCF O&M Manual A-1 BDNCWAT April 2015 (Rev 2) g:\admin\bdnccv\1odi\wpcf om manual\scope 20150407.docx Task 3 — Prepare Draft Operations and Maintenance Manual The draft O&M Manual will be divided into six sections as described further in the subtasks below. Each section of the draft O&M Manual will be a separate submittal to the City and will include three copies for review and comment. 3.1— Introduction and Design Criteria The O&M Manual will include an introductory section that provides descriptions and schematics of the overall liquid and solids treatment trains and tables that summarize design criteria. 3.2 — System Descriptions The O&M Manual will include all plant systems, both existing and new. Each process and utility system will be described in detail, including equipment and instrumentation functions, Standard Operating Procedures (SOPS), possible modes of operation, and controls as follows: • Plant Process Summary • Headworks and Grit Removal • Influent Pumping • Primary Treatment • Secondary Treatment • Tertiary Treatment • Ultraviolet Disinfection • Storage and Equalization • Effluent Irrigation and Discharge • Solids Thickening • Anaerobic Digestion • Solids Storage and Dewatering • Electrical Power Distribution • Process Instrumentation • Control Systems • Water Systems • Drainage Systems • Heating and Ventilation • Chemical Feed Systems • Plant Air System • Landscaping Irrigation • Septic Tank Disposal • Plant Construction History • Tank and Basin Volumes Lodi White Slough WPCF O&M Manual A-2 BDNCWAT April 2015 (Rev 2) g:\admin\bdnccv\1odi\wpcf om manual\scope 20150407.docx • Equipment Abbreviations List 3.3 — Components List The O&M Manual will include a tabular listing of all plant equipment for easy reference. The following information will be listed: • Names: Equipment names grouped by identical items • Numbers: Number of items and their equipment numbers • Model: Manufacturer, model, type, and size, if applicable • Ratings: Capacity, flow, volume, pressure, horsepower, etc. 3.4 — Operations Procedures The O&M Manual will include step-by-step SOPs. All operating procedures will be developed in the field with the plant staff. Examples of the types of procedures include: • Startup and shutdown of processes, tanks, and equipment • Changes in operating modes and flexibility in piping configurations • Any operations which require specific step-by-step procedures 3.5 — Alarm Response The O&M Manual will include a description of all plant alarms, including the following information: • Name and number of the alarm • Type and location of the device generating the alarm • Procedures for verifying the alarm condition • How the alarm condition could impact operations • Analyzing the cause of the alarm and taking corrective action 3.6 — Schematics Field -verified schematics will be developed for each of the following processes: • Plant Process Summary • Plant Site Layout • Design Data • Hydraulic Profile • Headworks and Grit Removal • Influent Pumping Lodi White Slough WPCF O&M Manual A-3 BDNCWAT April 2015 (Rev 2) g:\admin\bdnccv\1odi\wpcf om manual\scope 20150407.docx • Primary Treatment • Secondary Treatment Overview • Aeration Basins • ML Splitter Box, Clarifiers, and RAS Pumping • RAS/WAS/Scum Pump Station • Tertiary Treatment Overview • Filter Pump Station • Filtration System • Ultraviolet Disinfection • Effluent Irrigation and Discharge • Water Systems • Service Air System • Solids Thickening • Anaerobic Digestion • Solids Storage and Dewatering • Electrical Power Distribution • Drainage Systems Task 4 — Submit Final Operations and Maintenance Manual Based on input from the plant operational staff and other City review comments, NV5 will revise the O&M Manual and submit three hard copies and one electronic copy to the City. The document will include electronic links to allow for quick reference of critical information by plant staff. Lodi White Slough WPCF O&M Manual A-4 BDNCWAT April 2015 (Rev 2) g:\admin\bdnccv\1odi\wpcf om manual\scope 20150407.docx EXHIBIT B PREPARATION OF AN UPDATED OPERATIONS AND MAINTENANCE MANUAL FOR THE CITY OF LODI WHITE SLOUGH WATER POLLUTION CONTROL FACILITY SCHEDULE OF CHARGES April 2015 Task 1 Site Visits and Meetings with Operational Staff $8,000 Task 2 Review Engineering Documents, Regulatory Correspondence/ Permit Documentation, Current O&M Manual, and Contractor- $8,500 Furnished Equipment Operation and Maintenance Information Task 3 Prepare Draft Operations and Maintenance Manual 3.1 Introduction and Design Criteria $6,300 3.2 System Description $22,500 3.3 Components List $5,500 3.4 Operations Procedure $10,500 3.5 Alarm Response $5,500 3.6 Schematics $12,700 Task 4 Submit Final Operations and Maintenance Manual $10,500 TOTAL $90,000 Lodi White Slough WPCF O&M Manual B-1 BDNCWAT April 2015 (Rev 2) gAadmin\bdnccv\lodi\wpcf om manual\scope 20150407.docx Exhibit C Insurance Requirements for Consultant The Consultant shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Consultant 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 Consultant's operations under this Agreement, whether such operations be by Consultant, 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 Aggregate COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Each Occurrence Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version of this form, or an equivalent form providing equivalent liability coverage. PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS $1,000,000 Each Occurrence 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 Consultant; whichever is greater. Consultant 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 furnished to the City: (a) Additional Named insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or equivalent 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. (b) Primary and Non -Contributory Insurance Endorser n Additional insurance coverage under the Consultants 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 0413. 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. Page 1 I of 2 pages I Risk: rev.03.2014 Insurance Requirements for Consultant (continued) (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 Consultant 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) Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. (e) 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. (f) 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. (g) 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, Consultant shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Consultant shall provide proof of continuing insurance on at least an annual basis during the Term. If Consultant's insurance lapses or is discontinued for any reason, Consultant shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Consultant fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Consultant 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 Consultant 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. Consultant shall pay such reimbursement and interest on the first (19) day of the month following the City's notice. Notwithstanding and other provision of this Agreement, if Consultant 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, Consultant 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. (i) 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. Workers Compensation Insurance The Consultant shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Consultant's employees employed at the site of the project and, if any work is sublet, Consultant shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Consultant. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Consultant shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced 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. 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 Risk: rev.03.2014 RESOLUTION NO. 2015-162 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC., OF MANTECA, FOR PREPARATION OF UPDATED OPERATIONS AND MAINTENANCE MANUAL FOR THE WHITE SLOUGH WATER POLLUTION CONTROL FACILITY WHEREAS, the White Slough Water Pollution Control Facility (WSWPCF) has undergone multiple expansions and improvements over the years to meet increasingly stringent discharge standards, including the 2007 addition of tertiary filtration and the replacement of chlorine gas with ultraviolet light disinfection; and WHEREAS, the current Operations and Maintenance (O&M) Manual was prepared in 1977; and WHEREAS, on July 30, 2015, the Regional Water Quality Control Board conducted an inspection of the WSWPCF and issued a notice of violation for having failed to develop an O&M Manual for the facility; and WHEREAS, on June 18, 2014, preparation of an updated manual was approved by Council as an optional task under the West Yost Associates (WYA) Task Order No. 35; however, this work will not be executed under the WYA contract because the NV5, Inc., price is lower; and WHEREAS, based on recent experience, qualifications and price, staff recommends authorizing the City Manager to execute a Professional Services Agreement with NV5, Inc., in an amount not to exceed $90,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with NV5, Inc., of Manteca, California, for the preparation of an updated Operations and Maintenance Manual for the White Slough Water Pollution Control Facility, in an amount not to exceed $90,000. Dated: September 16, 2015 I hereby certify that Resolution No. 2015-162 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 16, 2015, by the following vote: AYES: COUNCIL MEMBERS — Kuehne, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Chandler and Mounce ABSTAIN- COUNCIL MEMBERS — None 4�. "t4 J NIFER . FERRAIOLO City Clerk 2015-162