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HomeMy WebLinkAboutAgenda Report - May 4, 2016 C-14CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM C114 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with WGR Southwest, Inc., of Lodi, for Storm Water Compliance Services for White Slough Water Pollution Control Facility ($55,736) May 4, 2016 Public Works Director RECOMMENDED ACTION: BACKGROUND INFORMATION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with WGR Southwest, Inc., of Lodi, for storm water compliance services for White Slough Water Pollution Control Facility, in the amount of $55,736. The State Water Resources Control Board (State Water Board) General Permit for Storm Water Discharges Associated with Industrial Activities Order (General Permit) became effective July 1, 2015. Facilities subject to the General Permit are required to file and maintain permit registration documents to the State Water Board, develop a Storm Water Pollution Prevention Plan (SWPPP) for the facility, and identify best management practices to control the quality of storm water runoff from the site. Additional monitoring, sampling, and monthly inspections would be required as part of permit coverage. Storm water runoff from the White Slough Water Pollution Control Facility (WSWPCF) is contained onsite. Facilities that contain all storm water runoff onsite are exempt from coverage under the previous version of the General Permit for industrial storm water discharges. The current General Permit now includes a specific requirement to evaluate potential discharge of runoff that results from a "maximum historic precipitation event." On March 18, 2015, Lodi City Council authorized the execution of Task Order No. 37 with West Yost Associates, Inc., to analyze the impacts of the current General Permit on WSWPCF and to determine if the facility could qualify for the exemption by containing all storm water runoff under the new "maximum historic precipitation event" requirements. The analysis determines that in order to qualify to file for the exemption, the City would either construct permanent storm water improvements estimated to cost between $750,000 and $1,000,000, or develop a SWPPP and perform the required monitoring and reporting to comply with the General Permit requirements. Staff recommends complying with the General Permit and performing the additional monitoring and sampling, at a cost of approximately $20,000 per year, as well as monthly inspections, rather than constructing permanent storm water facilities. Staff recommends authorizing City Manager to execute Professional Services Agreement with WGR Southwest, Inc., of Lodi, for storm water compliance services for White Slough Water Pollution Control Facility, in the amount of $55,736. The term of the agreement will extend through May 2019. APPROVED` Stephen Schwa e - K:\WP\COUNCIL\2016\CC WGR wswpcf storm water compliance.doc , City Manager 4/25/16 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with WGR Southwest, Inc , of Lodi, for Storm Water Compliance Services for White Slough Water Pollution Control Facility ($55,736) May 4, 2016 Page 2 FISCAL IMPACT: Performing the monitoring and reporting requirements required with the new General Permit is necessary to avoid potential fines and penalties. FUNDING AVAILABLE: Wastewater Operating Fund (530) Jordan Ayers Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Public Works Director CES/ces/tdb Attachment cc: Karen Honer, Wastewater Plant Superintendent Kathryn E. Garcia, Compliance Engineer Lance Roberts, Utility Manager K:\WP\COUNCIL\2016\CC WGR wswpcf storm water compliance.doc 4/25/16 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2016, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and WGR SOUTHWEST, 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 storm water compliance services 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 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 May 15, 2016 and terminates upon the completion of the Scope of Services or on May 14, 2019, 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: To CONTRACTOR: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Charles E. Swimley, Jr. WGR Southwest, Inc. 11021 Winners Circle, Suite 101 Los Alamitos, CA 90720 Attn: Aaron H. Ortiz 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. CITY OF LODI, a municipal corporation ATTEST: JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: WGR SOUTHWEST, INC. JANICE D. MAGDICH, City Attorney By: By Name: AARON H. ORTIZ Title: Compliance Specialist 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\2016\WGR PSA.doc CA:Rev.01.2015 8 Exhibit A/B rVoWGR r roar Typrn! Consultant March 16, 2016 Mrs. Kathryn Garcia, PE, QSD/P, LEED AP 2001 W. Turner Road Lodi, CA 95242 RE: Proposal for Storm Water Compliance Services for the White Slough Water Pollution Control Facility Dear Mrs. Garcia, WGR Southwest, Inc. (WGR) appreciates the opportunity to provide you with this proposal to assist you with your Industrial General Storm Water Permit Order# 2014-0057-DWQ (General Permit) storm water compliance program. The following is the list of activities we would typically perform for facilities and our proposed costs for the remainder of 2015- 2016 (July 1, 2015 -June 30, 2016) monitoring year through the 2017-2018 (July 1, 2017 to June 30, 2018) monitoring year. To help control costs, and because many of these compliance tasks are routine, we have presented them as unit costs. They also are presented below in the order that we would normally perform them during the storm water year. 1. Notice of Intent (NOI) (2015-2016 monitoring year) In section II.B of the new Industrial General Storm Water Permit Order# 2014-0057-DWQ (General Permit), it requires that a facility certify and submit all Permit Registration Documents (PRDs) using the State Water Board's Storm Water Multiple Application and Report Tracking System (SMARTS) website at least seven (7) days prior to commencement of industrial activities. According to the definition in Appendix C of the General Permit your facility is considered a new discharge. In section VII.B of the General Permit it states "New Dischargers applying for NOI coverage under this General Permit that will be discharging to a water body with a 303(d) listed impairment are ineligible for coverage unless the Discharger submits data and/or information, prepared by a Qualified Industrial Storm Water Practitioner (QISP), demonstrating that: 1. The Discharger has eliminated all exposure to storm water of the pollutant(s) for which the water body is impaired, has documented the procedures taken to prevent exposure onsite, and has retained such documentation with the SWPPP at the facility; 2. The pollutant for which the water body is impaired is not present at the Discharger's facility, and the Discharger has retained documentation of this finding with the SWPPP at the facility; or, 3. The discharge of any listed pollutant will not cause or contribute to an exceedance of a water quality standard. This is demonstrated if: (1) the discharge complies with water quality standard at the point of discharge, or (2) if there are sufficient remaining waste 2015-2016 to 2017-2018 Storm Water Services Proposal White Slough Page 2 of 8 load allocations in an approved TMDL and the discharge is controlled at least as stringently as similar discharges subject to that TMDL." We propose a cost of $480 to prepare the NOI on SMARTS including the required QISP demonstration. In order for WGR to do anything in SMARTS on your behalf, our SMARTS IDs will need to be linked to your facility as Data Entry Persons (DEPs). If you have not yet linked WGR to your facility on SMARTS and would like to do so, our SMARTS IDs are aortizwgrsw and DSjterayskis. Please note that the State Water Resources Control Board (Agency) General Permit fee of $1,632.00 is not included in WGR's quoted cost. 2. Storm Water Pollution Prevention Plan Development (2015-2016 monitoring year) In section II.B.4.f, of the new General Permit, facilities maintaining storm water discharge coverage must to develop and maintain a Storm Water Pollution Prevention Plan (SWPPP) in compliance with the new General Permit requirements and submit it via SMARTS on or before August 14, 2015. WGR proposes a lump sum of $2,950 to develop a SWPPP for your facility to the new General Permit regulatory standards. Once completed, WGR will supply to you both an editable Word copy and pdf copy of your SWPPP along with a copy of your site map in pdf. The pdf copy can easily be upload on SMARTS and the edible copy is for you to have should you chose to maintain or update your SWPPP yourself in the future. A hard copy in a binder for onsite use and potential inspection will also be supplied. The SWPPP is a required Permit Registration Documents (PRD) along with a site map and for new discharges, a QISP demonstration report will need to be included with your SWPPP. 3. Annual Storm Water Sampling and Observation Training (July — September) (2015-2016, 2016-2017, & 2017-2018 monitoring years) WGR will come to your facility and perform Industrial General Storm Water Permit Order 2014-0057-DWQ (General Permit) required training for the General Permit which became effective on July 1, 2015. The General Permit in §X.H.f requires that permittees be appropriately trained on storm water pollution prevention and best management practices. We recommend that this two-part training be provided to personnel who will be assisting with both BMP implementation and maintenance as well as the required General Permit storm water monitoring. We would recommend that the training be performed sometime in late July through early September which will be prior to the normal wet season (October through May). We propose a lump sum cost of $525 to perform the full two-part onsite storm water training. Personnel only assisting with BMP implementation and maintenance do not need to attend the second part of the two-part training. 4. Monthly Observations (2015-2016, 2016-2017, & 2017-2018 monitoring years) The General Permit requires that the dischargers must perform monthly visual observations on a day without precipitation. At least once per calendar month, WGR shall visually observe each drainage area for best management practices, authorized non -storm water discharges and unauthorized non -storm water discharges. WGR will complete documentation during the inspection which will be left onsite and a copy will be filed at WGR in case facility paperwork is misplaced. Any corrective actions you perform should be notated on the 2015-2016 to 2017-2018 Storm Water Services Proposal White Slough Page 3 of 8 inspection form and a copy of the form forward to WGR for our records. This documentation will be used to complete the annual report. WGR will perform the monthly visual observations and document them as required by the permit at a cost of $265/inspection including travel. 5. Storm Water Sampling (2015-2016, 2016-2017, & 2017-2018 monitoring years) The General Permit to sample discharges from your facility for four qualifying storm events (QSE) per storm water monitoring year (July 1 — June 30); two between July and January and two between January and June. The permit defines a QSE as a storm that produces a discharge from at least one drainage area, including impounded/contained water; is preceded by 48 hours with no discharge from any drainage area, and if a discharge occurs within 12 hours before or during scheduled facility operating hours. The General Permit requires the samples be collected within four hour of discharge. WGR proposes to perform the required sampling and coordinate the required analysis of the storm water. WGR proposes a lump sum cost of $340 per sample event to perform the sampling for up to two sampling locations. Should additional sampling locations be identified, there will be a charge of $55 per additional sampling location. WGR will complete the necessary documentation, package the samples, and transportation to the laboratory. Analytical costs are not included in the quoted price but may be either direct billed to you by McCampbell Analytical Laboratory or other laboratory of your choice, or you may choose to be billed through WGR at a 10% markup. 6. Analytical Result Review and Input to SMARTS (2015-2016, 2016-2017, & 2017- 2018 monitoring years) The General Permit requires that the discharge review their storm water sampling results, determine if there are any NAL exceedances and submit into the Storm Water Multiple Application and Report Tracking System (SMARTS) within 30 days of receiving the results report. WGR proposes a cost of $315/per sampling event to review results and input into SMARTS. In order for WGR to upload your sampling results on SMARTS our SMARTS IDs will need to be linked to your facility on SMARTS. 7. Annual Comprehensive Facility Compliance Evaluation (May -June) (2015-2016, 2016-2017, & 2017-2018 monitoring years) The General Permit requires that an Annual Comprehensive Facility Compliance Evaluation (Annual Evaluation) be performed and documented. The purpose of the evaluation is to review the activities occurring at the facility and the effectiveness of the existing best management practices (BMPs). At that time, the SWPPP is also reviewed for General Permit compliance section accuracy. Any necessary revisions/updates will be notated. The Annual Evaluation is typically performed during May of each year, prior to the annual report preparation. At that point, we evaluate the facility, determine a punch list of storm water related maintenance recommendations, and review the observation and analytical data collected during the year. To perform the Annual Evaluation, we propose a lump sum cost of $580. 2015-2016 to 2017-2018 Storm Water Services Proposal White Slough Page 4 of 8 8. Annual Report Preparation (2015-2016, 2016-2017, & 2017-2018 monitoring years) The General Permit requires facilities to prepare an annual report providing information about the previous year's storm water related activities, analytical results and observations. This report is due July 15th of each year. WGR will compile the data and prepare the report for your certification and submittal. We propose a lump sum cost of $350 to prepare the annual report. 9. Storm Water Pollution Prevention Plan Revisions (2016-2017, & 2017-2018 monitoring years) Section X.B.1 of the General Permit requires that the SWPPP be updated when necessary. SWPPP revisions often occur following findings from an Annual Evaluation. Section X.B.2-3 of the General Permit requires that SWPPPs be uploaded on SMARTS within 30 days when significant revisions occur or within 3 months when minor revisions are made to the SWPPP. Due to the reopener clause in the General Permit, the State will be adding new Total Daily Maximum Loads (TMDL's) updates to the exiting General Permit. Therefore, revisions will need to be applied to your Strom Water Pollution Prevention Plan (SWPPP) following the approved General Permit added requirements. WGR proposes a lump sum of $420 to make needed revisions to the SWPPP. 10. Level 1 Status Exceedance Response Actions (ERAs) (2015-2016, 2016-2017, & 2017-2018 monitoring years) According to General Permit section XII.C, a facility "shall change to Level 1 status if sampling results indicate an NAL exceedance for that same parameter. Level 1 status will commence on July 1 following the reporting year during which the exceedance(s) occurred." Once Level 1 status occurs, a permittee must perform, assisted by a QISP, a Level 1 ERA Evaluation and a Level 1 ERA Report. Level 1 ERA Evaluation By October 1 following commencement of Level 1 status for any parameter with sampling results indicating an NAL exceedance, the permittee must: A. Complete an evaluation, identifying in the evaluation the corresponding BMPs in the SWPPP and any additional BMPs and SWPPP revisions necessary to prevent future NAL exceedances and to comply with the requirements of this General Permit. Level 1 ERA Report Based upon the above evaluation, the permittee shall, no later than January 1: B. Revise the SWPPP as necessary; and C. Certify and submit via SMARTS a Level 1 ERA Report prepared by a QISP. Most every facility is unique with issues that differ. Therefore, the cost of properly responding to a Level 1 status will include all or most of the various actions such as ERA meetings and or conference calls, site visit inspection or inspections, facility evaluation assessment, report development, and SWPPP revisions. As a result, WGR will provide a quote on a time and materials basis. The cost is not expected to reach but will not exceed 2015-2016 to 2017-2018 Storm Water Services Proposal White Slough Page 5 of 8 $5,000. While unlikely, should additional costs above the not to exceed amount be needed, WGR will provide a quote on a time and materials basis at that time. 11. Level 2 Status Exceedance Response Actions (ERAs) (2017-2018 monitoring years) Any parameter at Level 1 status shall change to Level 2 status if sampling results "indicate an NAL exceedance for that same parameter while a permittee is in Level 1. Level 2 status will commence on July 1 following the reporting year during which the NAL exceedance(s) occurred." Once Level 2 status occurs, a permittee must develop, assisted by a QISP, a Level 2 ERA Action Plan and a Level 2 ERA Technical Report. Level 2 ERA Action Plan A Level 2 ERA Action Plan, prepared by a QISP, needs to be certified and submitted on SMARTS. The Level 2 ERA Action Plan shall address each new Level 2 NAL exceedance by January 1 following the reporting year during which the NAL exceedance(s) occurred. A Level 2 ERA Action Plan includes choosing and defending/demonstrating one of the following demonstrations: A. Industrial Activity BMPs Demonstration B. Non -Industrial Pollutant Source Demonstration C. Natural Background Pollutant Source Demonstration Level 2 ERA Technical Report Submittal A Level 2 ERA Technical Report Submittal includes choosing and outlining with possible additional support documentation and or photographs, how and when which one of the demonstrations will eliminate NALs or explain why an NAL exceedance is outside the scope of a permittees industrial activities. Correctly responding through Level 1& Level 2 ERAs is critical for several reasons: 1 The facility's public access BMP response will be subject for review by the Regional Water Quality Control Board; 2. The facility's public access BMP response can and likely will be reviewed by non- governmental organizations (NGOs) looking to sue discharges on "behalf of the environment." 3. A QISP's certification can be rescinded by the Executive Director of the State Water Board or an Executive Officer of a Regional Water Board "if it is found that the QISP has repeatedly demonstrated an inadequate level of performance in completing the QISP requirements in this General Permit" (see General Permit section IX.A.2). As with the Level 1 response, the cost of properly responding to a Level 2 status will include all or most of the various actions such as ERA meetings and or conference calls, site visit inspection or inspections, facility evaluation assessment, action plan and technical report development, and SWPPP revisions. As a result, WGR will provide a quote on a time and materials basis. The cost is not expected to reach but will not exceed $8,000. While unlikely, should additional costs above the not to exceed amount be needed, WGR will provide a quote on a time and materials basis at that time. 2015-2016 to 2017-2018 Storm Water Services Proposal White Slough Page 6 of 8 12. Miscellaneous Storm Water Compliance Support (2015-2016, 2016-2017, & 2017- 2018 monitoring years) As it may become necessary, WGR will assist your facility with any additional storm water compliance activities or corrective actions not included in this proposal. If additional support is needed that is outside of the scope of this proposal, the cost is not expected to reach but will not exceed $2,500. While unlikely, should additional costs above the not to exceed amount be needed, WGR will provide a quote on a time and materials basis at that time. Summary of Maximum Potential Costs Item # 1 Task Notice of Intent ($480 — is WGR's cost; the Agency adds the $1.632 fee) ± 2015-2016 llonitoring 1 ear $2,112.00 2016-201- AIonitoring 1 ear $1,632.00 201--2018 llonitoring 1 car $1,632.00 2 Storm Water Pollution Prevention Plan Development $2950.00 ' 3 Storm Water Sampling and Observation Training Monthly Observations ($265 per month per monitoring year) $525.00 $ 795.00 $525.00 $3,180.00 $525.00 $3,180.00 4 5 Storm Water Sampling ($340 —2 between July and December & 2 between January and June) * $680.00 $1,360.00 $1,360.00 6 Analytical Result Review and Input to SMARTS ($315-2 between July and December & 2 between January and June) ** $630.00 $1,260.00 $1,260.00 7 Annual Comprehensive Facility Compliance Evaluation $580.00 $580.00 $580.00 8 Annual Report Preparation $350.00 $350.00 $350.00 9 SWPPP Revisions --- $420.00 $420.00 10 Level 1 ERA*** $5,000.00 --- - 11 Level 2 ERA*** --- $8,000.00 $8,000.00 12 Miscellaneous Storm Water Compliance Support ? $2,500.00 $2,500.00 $2,500.00 Total $16,122.00 $19, 807.00 $19, 807.00 General Permit mandatory fee is assessed by the Agency and not by WGR This cost is only if there is a discharge This cost is only if there is are sampling analytical results from a discharge This not to exceed cost is only if there is a NAL exceedance or NAL exceedances This not to exceed cost is only if there a compliance support item outside the scope of the listed tasks 1-11 2015-2016 to 2017-2018 Storm Water Services Proposal White Slough Page 7 of 8 If you would like for WGR to assist you with any of the above mentioned services, please indicate which service(s) you wish for us to perform by completing the "Approvals to Proceed" section below. You can then scan and email the completed Approvals to Proceed page to me at aortiz@wgr-sw.com or fax it to me at (209) 334-5374. We hope this information is helpful in managing your environmental compliance program. Charges quoted in this proposal will be effective through June 30, 2018. Please consider our company to be an additional Environmental, Health, and Safety resource ... an extension of your staff; and please use us as it makes sense to your operation. Please do not hesitate to contact me at (209) 334-5363 ext. 114 if you have any questions or comments. Sincerely, WGR Southwest, Inc. Aaron H. Ortiz Compliance Specialist QISP/ToR 2015-2016 to 2017-2018 Storm Water Services Proposal White Slough Page 8 of 8 Approvals to Proceed (✓ - Please indicate which services you would like for WGR Southwest Inc. to perform) 1. NOI Submission 2. SWPPP Development 3. Annual Sampling and Observation Training 4. Monthly Dry Weather / BMP Inspections 5. Qualifying Storm Event Sampling 6. Result Review and SMARTS Input 7. Annual Evaluation 8. Annual Report Preparation 9. SWPPP Revisions 10. Level 1 ERA Response 11. Level 2 ERA Response 12. Miscellaneous Compliance Support Services do not include Agency fees. I understand the fees and services stated in this document. I agree to pay for the services which I have indicated above. Signature Title Name Date Exhibit C Insurance Requirements for Consultant 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 Contractor's 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: 1 COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 General Aggregate 2 COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 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, that provides liability coverage at least as broad as this form. 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 furnished 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. 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 the project that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers A waiver is required for General Liability and Auto Liability. (d) 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. Page 1 I of 2 pages 1 Risk: rev.08.2015 (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) (g) 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. 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 Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) 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. (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-, VV' 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 Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor 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 Contractor. 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 Contractor 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 21 of 2 pages 1 Risk: rev.08.2015 RESOLUTION NO. 2016-58 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WGR SOUTHWEST, INC., OF LODI, FOR STORM WATER COMPLIANCE SERVICES FOR WHITE SLOUGH WATER POLLUTION CONTROL FACILITY WHEREAS, the State Water Resources Control Board (State Water Board) General Permit for Storm Water Discharges Associated with Industrial Activities Order (General Permit) became effective July 1, 2015; and WHEREAS, facilities subject to the General Permit are required to file and maintain permit registration documents to the State Water Board, develop a Storm Water Pollution Prevention Plan (SWPPP) for the facility, and identify best management practices to control the quality of storm water runoff from the site; and WHEREAS, facilities that contain all storm water runoff on-site are exempt from coverage under the previous version of the General Permit for industrial storm water discharges; and WHEREAS, the current General Permit now includes a specific requirement to evaluate potential discharge of runoff that results from a "maximum historic precipitation event"; and WHEREAS, on March 18, 2015, Lodi City Council authorized the execution of Task Order No. 37 with West Yost Associates, Inc., to analyze the impacts of the current General Permit on White Slough Water Pollution Control Facility and to determine if the facility could qualify for the exemption by containing all storm water runoff under the new "maximum historic precipitation event" requirements; and WHEREAS, the analysis determined that in order to qualify to file for the exemption, the City would either need to construct permanent storm water improvements estimated to cost between $750,000 and $1,000,000, or develop a SWPPP and perform the required monitoring and reporting to comply with the General Permit requirements; and WHEREAS, in comparing the cost to construct the permanent storm water facilities to obtain exemption from the General Permit against the cost of compliance (approximately $20,000 per year), staff recommends complying with the General Permit and performing the additional monitoring and sampling, as well as monthly inspections, required as part of permit coverage; and WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with WGR Southwest, Inc., of Lodi, for storm water compliance services for White Slough Water Pollution Control Facility, in the amount of $55,736. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with WGR Southwest, Inc., of Lodi, California, for storm water compliance services for White Slough Water Pollution Control Facility, in an amount not to exceed $55,736. Dated: May 4, 2016 I hereby certify that Resolution No. 2016-58 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 4, 2016 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NNIFER FERRAIOLO City Clerk 2016-58