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HomeMy WebLinkAboutAgenda Report - November 4, 2020 C-09AGENDA ITEM ~ CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Robertson -Bryan, Inc., of Elk Grove, for Wastewater National Pollutant Discharge Elimination System Permit Whole Effluent Toxicity Regulatory Compliance Services for White Slough Water Pollution Control Facility ($69,033) MEETING DATE: PREPARED BY: November 4, 2020 Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with Robertson -Bryan, Inc., of Elk Grove, for wastewater national pollutant discharge elimination system permit whole effluent toxicity regulatory compliance services for White Slough Water Pollution Control Facility, in the amount of $69,033. BACKGROUND INFORMATION: Robertson -Bryan, Inc. has been assisting the City with various compliance and engineering related activities to comply with White Slough Water Pollution Control Facility's (WSWPCF) current National Pollutant Discharge Elimination System permit. During periods when WSWPCF discharges treated effluent to Dredger Cut, State regulations require "whole effluent toxicity" testing and associated follow-up actions in the event effluent toxicity is observed, including additional monitoring to evaluate the three -test, six-week median toxicity result and a Toxicity Reduction Evaluation (TRE). The TRE is only implemented on an as -needed basis; however, if needed, the TRE must be initiated immediately which is why the City must have an agreement in place. The last time the City initiated a TRE was in 2016. This proposal is to provide consulting services to the City in two areas: 1) whole effluent toxicity (WET) testing related services, and 2) representing the City's interests in influencing final modifications to the State Water Resources Control Board's (State Water Board) State-wide Toxicity Provisions. RBI's scope of work includes: TRE Implementation ■ WET Testing Evaluation a Facility Evaluation and Data Acquisition • TRE Action Plan Direction of TRE Testing • Reporting • Contingency Services Project Management City Representation in Development of the State Water Board's Toxicity Provisions APPROVED: , City Manager \\pwadc02\msc$\GROUP\ADMIN\Council\2020\11042020\RBI\CC.doc 10/22/2020 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Robertson -Bryan, Inc., of Elk Grove, for Wastewater National Pollutant Discharge Elimination System Permit Whole Effluent Toxicity Regulatory Compliance Services for White Slough Water Pollution Control Facility ($69,033) November 4, 2020 Page 2 Staff recommends authorizing City Manager to execute Professional Services Agreement with Robertson -Bryan, Inc., of Elk Grove, for wastewater national pollutant discharge elimination system permit whole effluent toxicity regulatory compliance services for White Slough Water Pollution Control Facility, in the amount of $69,033. FISCAL IMPACT: The TRE element of the Professional Services Agreement is necessary to meet regulatory compliance. Failure to comply may result in additional monitoring fees or violations that could result in monetary fines. This project does not impact the General Fund. FUNDING AVAILABLE: Wastewater Plant Operating Fund (53053003.72450) - $69,033 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director QLQU 1� Charles E. Swimley, Jr. Public Works Director Prepared by Lance Roberts, Utilities Manager CES/LR/tvv Attachment \kpwadc02Vnsc$\GR O U PW DM I N\Councll\2020\11042020\R BICC. doc 10/22/2020 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2020, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and ROBERTSON - BRYAN, INC., a California corporation (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 wastewater National Pollutant Discharge Elimination System permit compliance and engineering services (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 Sc pe 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 1 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.6 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 December 1, 2020 and terminates upon the completion of the Scope of Services or on November 30, 2022, 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: Lance Roberts To CONTRACTOR: Robertson -Bryan, Inc. 9888 Kent Street Elk Grove, CA 95624 Attn: Michael Bryan 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 Confidential 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,4urisdiction, 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 4.16 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: PAMELA M. FARRIS Assistant City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager ROBERTSON -BRYAN, INC., a California corporation By: Name: MICHAEL BRYAN, PHD. j d m Title: 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: 53053043.72450 (Business Unit & Account No.) Doc ID:\\pwadc02\msc$NGROUP\ADMIN\Council\2020\11042020\RBI\PSA.doc CA:Rev.01.2015 8 CIA September 25, 2020 DELIVERED BY EMAIL Mr. Lance Roberts Utilities Manager City of Lodi 2001 W. Turner Road Lodi, CA 95242 RDSERMY - Sffift IMC. Solutions for Progress Exhibit A/B Subject: Proposal for 2 -Year Wastewater NPDES Permit Whole Effluent Toxicity Regulatory Compliance Services: December 2020 through December 2022 Dear Lance: Robertson -Bryan, Inc. (RBI) is pleased to present this proposal to the City of Lodi (City) for continued regulatory compliance services support related to the City's White Slough Water Pollution Control Facility (WSWPCF). RBI has been assisting the City with compliance related to the facility's whole effluent toxicity testing required by the current National Pollutant Discharge Elimination System (NPDES) permit and with engineering activities related to the facility. We look forward to the opportunity to continue providing services for two years following the expiration of our current contract in November of this year. Hence, this proposal is for RBI professional services for the period December 1, 2020 through December 1, 2022. This proposal is to provide consulting services to the City in two areas: 1) whole effluent toxicity testing related services, and 2) representing the City's interests in influencing final modifications to the State Water Resources Control Board's (State Water Board) State-wide Toxicity Provisions. RBI's scope of work and budget for services are provided below. I. SCOPE OF WORK TASK 1: TOXICITY REDUCTION EVALUATION (TRE) IMPLEMENTATION The Municipal General Order NPDES permit specifies a schedule of routine Whole Effluent Toxicity (WET) testing and associated follow-up actions in the event toxicity is observed, including additional monitoring to evaluate the 3 -test, 6 -week median toxicity result and a Toxicity Reduction Evaluation (TRE). Upon notification by the bioassay laboratory that results exceed the 3 -test median monitoring trigger of 1 chronic Toxicity Unit (TUc), a series of steps are taken to evaluate if the single -sample result exceeds 25% effect and/or the 3 -test, 6 -week median result exceeds 1.3 TUc. Review of WSWPCF operations and sampling information is required when the results are < 1.3 TUc and routine toxicity monitoring can continue. When the 3 -test, 6 -week median test result exceeds 1.3 TUc, the City has 30 days to prepare and submit a TRE Action Plan to the Central Valley Water Board that describes the 9888 Kent Street Elk Grove CA 95624 www.robertson-bryan.com Phone 916 714 1801 Fax 916 714 1804 Mr. Lance Roberts Proposal for NPDES Regulatory Compliance Services September 25, 2020 T* ROSE9 M-1BRYN, INC. Page 2 of 5 # Solutions for Progress actions the City will take to identify the cause, and mitigate the impact of, the observed toxicity, and prevent recurrence of the observed toxicity. TRE investigations can be lengthy, sometimes lasting a year or more. There are, however, basic steps in a TRE summarized in the subtasks below. Because the timing and duration of a TRE is unknown until it is initiated, the budget for this task is not allocated to a specific fiscal year and may be used any time during December 2020 through November 2022. Subtask 1.1— WET Testing Evaluation. RBI will review and assess bioassay results that triggered the TRE to assure that it is appropriate to implement a TRE. Occasionally the TUc trigger is exceeded, but the cause is not effluent toxicity. This task assures that initiating a TRE, based on bioassay results, is technically appropriate and necessary. Subtask 1.2 — Facility Evaluation and Data Acquisition. Evaluating facility and effluent information is essential to the TRE and often is the key step identifying its source. Data evaluation will include daily operations information, process control results, facility maintenance activities, vector control applications, effluent and influent analytical testing results, information on discharges to the WSWPCF service area, integrity of the sample collection process, past bioassay results, and other relevant data. Review of pertinent data continues throughout the TRE as part of the process to identify causes and control toxicity. Initial information and data acquisition could include a site visit. Subtask 1.3 — TRE Action Plan. Based on initial findings from the above subtasks, RBI will prepare a TRE Action Plan to submit to the Central Valley Water Board that defines the approach to implementing the TRE. Key aspects of the plan include: 1) providing initial evaluation of data and information, 2) identifying possible causes of toxicity, 3) identifying initial actions to further investigate the cause and control toxicity, and 4) a reporting schedule. The TRE Action Plan will communicate in what manner Toxicity Identification Evaluation (TIE) testing will be used in the TRE and a toxicity trigger (i.e., strength of toxicity) above which a TIE will be executed. Subtask 1.4 — Direction of TRE Testing. RBI will direct the bioassay laboratory regarding TRE bioassay testing, split testing evaluations to identify if the toxicity is measurable at multiple bioassay labs (if needed), and the completion of any TIEs. TIES are a process whereby the toxic effluent is manipulated (e.g., pH adjustment, filtered through a C18 column to remove organics, addition of EDTA to bind trace metals, addition of pesticide synergists/antagonists) to either demonstrate increased or decreased/eliminated toxicity when the manipulated effluent sample is re -tested via a subsequent bioassay. The conducting of TIES is expensive and, therefore, it is very important that they are well conceived before they are conducted by the laboratory. We also will direct and schedule the WET sampling and testing and will identify the need for conducting additional chemical analyses on the effluent. The focus initially will be on determining whether the toxicity is consistently present in effluent samples over time (i.e., consistently present across sampling events), characterizing the magnitude of effect, whether the toxicity persists over the course of a one week period for Mr. Lance Roberts Proposal for NPDES Regulatory Compliance Services September 25, 2020 TT ROBfR7 ON - BRYift hK. Paize 3 of 5 � S01000(m for Progress a collected sample (i.e., toxicant is persistent rather than non-persistent), and determining whether initial corrective actions have resulted in elimination of the toxicity. Subtask 1.5 — Reporting. Interim updates to the City and/or the Central Valley Water Board will be prepared, as warranted, to summarize findings from the TRE, including results and findings from work conducted for the subtasks above, and communicate the future direction of the TRE, if it is necessary to deviate from the TRE Action Plan. When sufficient information has been collected and assessment of that information indicates that it is appropriate to conclude the TRE process, RBI will prepare a TRE Report. This will involve the preparation of an Administrative Draft TRE Report submitted to City staff for review and comment, an assumed single round of editing, based on City comments, and preparation and issuance of a Final TRE Report for submittal to the Central Valley Water Board. Reporting could involve conducting a conference call or in-person meeting with Central Valley Water Board staff to receive concurrence with the preferred approach to resolve and conclude the TRE. Subtask 1.6 —Contingency Services. RBI will provide on-call services needed to facilitate compliance with the Municipal General Order as it relates to toxicity evaluation requirements, and for compliance related requests on an as -needed basis. Because TREs are an intricate series of steps and assessments over time, with the exact nature of activities in latter tasks largely dictated by the outcome and findings in the initial tasks, the proper and efficient conducting of a TRE requires technical oversight, coordination and direction. This task provides budget for such services as well as miscellaneous services provided by RBI not specifically covered under the other subtasks listed above. The types of compliance -related services that RBI may provide under this task include the following. • Coordination with staff from outside agencies whose activities could be related to sources of toxicity (e.g., vector or pesticide applicators) during the TRE process + Responding to operations and compliance questions from City staff. • Drafting miscellaneous correspondence with the Central Valley Water Board as needed. ■ Advising the City of Central Valley Water Board or State Water Board actions with potential to affect WSWPCF operations, such as the recently adopted Pyrethroid Pesticides Basin Plan Amendment. • Other services as directed. This task is intended for RBI to be able to be responsive to compliance issues as they arise, taking advantage of timely needs for actions/consultations that might otherwise be missed while waiting for contract modifications. Upon initiation of services under this task, RBI will Mr. Lance Roberts Proposal for NPDES Regulatory Compliance Services TT September 25, 2020 I-'. + ROO RMV-BRYAn. Inc. Page 4 of 5 ;Solullons for Progress advise the City on the anticipated funds necessary to complete the related services. Should the scope of the services needed exceed this task budget, RBI will provide a project -specific proposal to fund completion of the related services. The scope of work and budget needed to complete a TRE cannot be accurately predicted up front because the effort needed for the process is largely dictated by the outcome of bioassay/TIE testing and the facility performance evaluation, which cannot be known at this time. Therefore, this scope of work for each task is limited to the budget allocated for that task. In the event that a TRE requires RBI services beyond that scoped and budgeted herein, RBI will, upon request, submit a separate proposal for additional services. It is assumed that all associated WET, TRE, and TIE -related bioassay and analytical laboratory costs will be contracted separately with the City. This scope of work and budget does not cover laboratory costs. TASK 2: CITY REPRESENTATION IN DEVELOPMENT OF STATE WATER BOARD'S TOXICITY PROVISIONS The State Water Board developed draft statewide Toxicity Provisions in 2018 that would change the testing requirements and basis for interpreting toxicity tests for dischargers. These provisions included numeric effluent limits for toxicity determined by a new statistical tool, the test of significant toxicity. A tentative adoption hearing date is anticipated in December 2020. However, there is significant potential that the Provisions are not adopted and that future comments on the Provisions would be needed. RBI has been a leader and advocate for dischargers, including the City, in the development of a new policy regulating toxicity testing in NPDES permits. On behalf of the City, RBI staff will continue to participate in meetings with the State Water Board and stakeholder groups (e.g., the California Association of Sanitary Agencies [CASA] and the Central Valley Clean Water Agency [CVCWA]), to understand the impacts of this policy and provide input on its development. Under this task, we will develop formal comments on future versions of the Provisions, meet with State Water Board staff, and provided testimony to Board members on behalf of the City, as needed, to ensure that the Provisions ultimately adopted are technically sound and appropriate. TASK 3: PROJECT MANAGEMENT Project management time will primarily be used by the Principal -in -Charge and the designated Project Manager to coordinate and direct the project activities to assure that all tasks are conducted efficiently and effectively. In addition, this task provides time for project coordination by phone, email, and fax with other project team members, review of preliminary work products, budget and schedule tracking, invoice review, and other duties to coordinate and administer the project. Mr. Lance Roberts Proposal for NPDES Regulatory Compliance Services September 25, 2020 Paize 5 of 5 II. SCHEDULE T� Rasmsnn -8RYoy Inc. aha Soluflons for Progress RBI will begin providing professional services associated with the tasks defined herein upon expiration of our current contract in November 2020, and receipt of a new contract, contract extension, or written authorization to proceed. III. CONTRACT AND BILLING ARRANGEMENT RBI will complete the scope on a time -and -materials basis, with an authorized budget as shown in Attachment 1. We will not exceed the budget amount without written authorization. Attachment 1 provides an estimated breakdown of the total budget by task. RBI will invoice the City monthly according to its 2021 fee schedule for work performed in 2001 and 2022 fee schedule for work performed in 2022 (Attachment 2). If you have any questions regarding this proposal, please do not hesitate to contact me at (916) 714-1802 or Paul Bedore at (916) 405-8918. We look forward to continuing to provide the City with NPDES permit regulatory compliance services. Sincerely, Michael D. Bryan, Ph.D. Managing Partner Attachment 1: Budget Attachment 2: 2021 Fee Schedule ROBENTS01Y - almem, Inc. Solullons for Ntogross ATTACHMENT 1 Budget mana{dng SCO301 Project Staff aduuaisttatnc RBI Parutet s6teaust !1 SCL III cer II Assistant Subtotal PROFESSIONAL Task L TRE Implementation S 55,391 Task 1 l WU Testing Evahm,"i 10 S 2,490 Task 1 2: Fates Esahiation and Data Aeosi4on 2 20 16 S 8,434 Task 13: TRE Action Plan 2 8 12 S 5:254 Task 1 4 Direction of TELE Testing 2 16 20 S 9,006 Task 1.5: Reporting 3 12 24 4 S 9609 Task 16 Contiegeney Sersiccs 12 38 24 12 S 20598 Task 2 Comments on SV61tC8 Towity Pro%imm 4 20 S 621.1 Task 4: Project 4lmtagem m 12 14 j I S 7.218 Total Hoo: 37 138 80 28 4 Rate: S 311 S 249 S 220 S 177 S 102 Labor Soblotal: S 11 7 S 34 362 S 17.600 S 4956 S 403 S 69.833 DIRECT .`.:J•�"c S 200 fJ,rcrt 'total S 20❑ TUFAL BUDGET $69.033 I '� ► ` ROSEWSON -BRYON, INC. Swutions nor Progress ATTACHMENT 2 2021 FEE SCHEDULE Charges for project work performed by Robertson -Bryan, Inc. (RBI) will be calculated and billed at the hourly rates shown below. PROFESSIONAL SERVICES RATEMOUR ♦ Managing Partner $311.00 ♦ Partner $304.00 ♦ Principal Engineer/Scientist $296.00 ♦ Senior Consultant $283.00 ♦ Resource Director $267.00 ♦ Associate $254.00 ♦ Senior Engineer/Scientist II $249.00 ♦ Senior Engineer/Scientist I $237.00 ♦ Project Engineer/Scientist III $220.00 ♦ Project Engineer/Scientist II $211.00 ♦ Project Engineer/Scientist I $191.00 ♦ Staff Engineer/Scientist 11 $177.00 ♦ Staff Engineer/Scientist I $162.00 ♦ Technical Analyst $156.00 ♦ Graphics/GIS $142.00 ♦ Laboratory Compliance Specialist $138.00 ♦ Administrative Assistant $102.00 ♦ Intern $66.00 Up to ten percent (10%) of subcontractor charges will be added to cover administrative costs. Hourly rates will be increased by a minimum of fifty percent (50%) for depositions, trials, and hearings. Rates will be adjusted annually. Rates are adjusted annually, effective December 161n INVOICING AND PAYMENTS Invoices will be issued on a monthly basis for all work performed on a project. Payment is due upon receipt of the invoice. NOT TO EXCEED $69,033 EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employers Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate May be waived by Risk Manager depending on the scope of services. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Nan -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractors insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) 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 promect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled without 30 days' prior written notice of such cancellation to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240 Page 1 1 of 2 pages Risk: rev 3/6/2019- accept redlines (f) Continuity of Coverage All policies shall be In effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each Insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets llie minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during tate Term. If Contractor's insurance lapses or Is discontinued for any reason, Contractor shall immediately notify the City and immediately obtaln replacement insurance. 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 (Callfomia Government Code Section 810 et seq ). (g) Failure to Cam ply Notwlthstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities (h) Verification of Coverage Consultant shall furnish the City with a copy of the Insurance certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. (1) Self -Insured Retentions Set F -insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administratlon, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the seif insured retention may be satisfied by either the named insured or City. Q) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, Indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) 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 Hest 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. Signature: a 11xz?d1 0 1�9Q4&li ..i. i.• r1. i.l n F.d i r l,{ oc t i i. i'7L'it: d9 ADii Email: jmagdich@lodi.gov Page 2 1 of 2 pages ��` Risk; rev. 3/1/2018 RESOLUTION NO. 2020-248 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSON -BRYAN, INC., OF ELK GROVE, FOR WASTEWATER NATIONAL POLLUTANT DISCHARGE ELIMINITATION SYSTEM PERMIT WHOLE EFFLUENT TOXICITY REGULATORY COMPLIANCE SERVICES FOR WHITE SLOUGH WATER POLLUTION CONTROL FACILITY WHEREAS, Robertson -Bryan, Inc., has been assisting with the City with compliance related to the National Pollutant Discharge Elimination System permit for White Slough Water Pollution Control Facility and activities related to the facility since 2014; and WHEREAS, the proposed scope of services is designed to support the City with meeting the Municipal General Order's chronic toxicity requirements and includes a scope for developing informational materials, special studies and pollution prevention requirements, and for on-call, as -needed services to facilitate compliance with the Municipal General Order; and WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with Robertson -Bryan, Inc., of Elk Grove, for wastewater National Pollutant Discharge Elimination System Permit whole effluent toxicity regulatory compliance services, in the amount of $69,033. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Robertson -Bryan, Inc., of Elk Grove, California, for wastewater National Pollutant Discharge Elimination System Permit whole effluent toxicity regulatory compliance services, in the amount of $69,033; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: November 4, 2020 I hereby certify that Resolution No. 2020-248 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 4, 2020, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None ! NNIFER CUSIVIIR City Clerk 2020-248