HomeMy WebLinkAbout4.11 Amendment Agreement Surf 2 Snowor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
June 21, 2016
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -30
Christopher L. Foss, City Manager � "
(Resource Amendment to Agreement with Surf 2 Snow Environmenta
Management, Inc. for Stormwater Business Inspections
Prepared by Shannan Young, Environmental Coordinator
EXECUTIVE SUMMARY:
The City of Dublin contracted with Surf 2 Snow Environmental Resource Management, Inc.
(Surf 2 Snow) to perform stormwater business inspections required by the Municipal Regional
Stormwater NPDES Permit in March, 2016. Surf 2 Snow has performed as expected during the
contract term which is set to expire on June 30, 2016. Staff requests to use Surf 2 Snow for the
business stormwater inspections for two additional years.
FINANCIAL IMPACT:
Sufficient funds are available in the Fiscal Year 2016/17 budget and have been included in the
Fiscal Year 2017/18 budget projection.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving the Amendment to the
Agreement with Surf 2 Snow.
ubmitte` By
Public Works Director
DESCRIPTION:
'\ Reviewed By
Assistant City Manager
The Municipal Regional Stormwater Permit requires inspections to be conducted to verify that
industrial and commercial operational best management practices are implemented and that on-
site stormwater treatment measures are operating and maintained as designed. In addition, the
MRP requires that the City respond to spills and illicit discharge complaints from the community.
In late 2015, Staff completed a Request for Proposal (RFP) process and hired Surf 2 Snow for
conducting stormwater business inspections for a not -to- exceed budget of $25,000, with a
contract set to expire on June 30, 2016. Surf 2 Snow conducted the FY2015/2016 stormwater
business inspections for the City and assisted with illicit discharge complaints. Surf 2 Snow
Page 1 of 2 ITEM NO. 4.11
provided thorough and efficient business inspections and has been responsive to requests from
Staff.
With the experience provided by Surf 2 Snow during the current contract term, Staff believes
that Surf 2 Snow is well suited to complete the inspections on behalf of the City through
FY2017/2018, effective July 1, 2016. The amount requested for the two year period is $47,715.
Since the amount of the contract exceeds City Manager's approval authority, Staff is asking for
City Council's approval of the contract amendment. In addition, minor modifications have been
made to the scope of work to clarify a few tasks and a few changes have been made to the
contract terms to reflect updates to the City's standard contract language.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of the Staff Report was sent to Surf 2 Snow.
ATTACHMENTS: 1. Resolution Approving the Amendment to the Agreement with Surf 2
Snow with the Agreement as Exhibit A to the Resolution
2. Exhibit B — Surf 2 Snow Schedule of Fees
3. Original Agreement between the City of Dublin and Surf 2 Snow
Environmental Resource Management, Inc.
Page 2 of 2
RESOLUTION NO. xx -16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
APPROVING AN AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND SURF 2 SNOW ENVIRONMENTAL
RESOURCE MANAGEMENT, INC.
WHEREAS, Staff prepared and initiated a Request for Proposals (RFP) for
consultant services to conduct stormwater business inspections in late 2015; and
WHEREAS, Staff reviewed and selected the most qualified firm to complete the
stormwater business inspections; and
WHEREAS, City entered into a Consulting Services Agreement with the selected
consulting firm; and
WHEREAS, term of said Agreement expires on June 30, 2016; and
WHEREAS, City and Contractor now desire to extend the terms of the
Agreement two years until June 30, 2018; and
WHEREAS, the City proposed amendments to the Consulting Services
Agreement with the selected consulting firm, which has demonstrated the professional
qualifications and ability to perform services required; and
WHEREAS, the City proposes to extend the term of the Agreements for two
additional years, amend invoicing requirements, and amend conflict of interest
language; and
WHEREAS, the City desires to increase the contract amount by $47,715 for the
term of the contract amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the Amendment to the Agreement with Surf 2 Snow
Environmental Resource Management, Inc.; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment to the Agreement on behalf of the City Council, attached hereto as Exhibit
«A
PASSED, APPROVED AND ADOPTED this 21st day of June, 2016 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Exhibit A
FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND SURF 2 SNOW ENVIRONMENTAL RESOURCE MANAGEMENT, INC.
WHEREAS, on March 3, 2016, the City of Dublin (hereinafter referred to as "CITY ") and
SURF 2 SNOW (hereinafter referred to as "CONSULTANT ") entered into a Consulting Services Agreement
for Business Stormwater Inspection services (hereinafter referred to as the "AGREEMENT "); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2016; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend
the term two years, amend invoicing requirements and amend conflict of interest language.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 2 Payment Terms shall be rescinded in its entirety and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed SEVENTY -
EIGHT THOUSAND ONE HUNDRED DOLLARS ($72,715), notwithstanding any contrary indications that
may be contained in the Scope of Work attached as Exhibit A -1, for services to be performed under this
Agreement. In the event of a conflict between this Agreement and the Scope of Work regarding the
amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees of Consultant. Consequently, the parties further agree that
compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities
to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no
responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of
this Agreement, based on the cost for services performed prior to the invoice date. No individual
performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in
writing, by the City Manager or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
• Daily logs of total hours worked by each individual performing work under
this Contract
• Hours must be logged in increments of tenths of an hour or quarter hours
• If this Contract covers multiple projects, all hours must also be logged by
project assignment
• A brief description of the work, and each reimbursable expense
A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A -1;
The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the fee schedule set forth on the compensation schedule attached
as Exhibit B.
2.5 Reimbursable Expenses. Reimbursable expenses are not permitted.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2) Section 4 Term of Performance shall be rescinded in its entirety and replaced with the following:
Section 4. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A -1 at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A -1, the Agreement shall prevail.
4.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2018, the date of completion specified in Exhibit A -1, and
Consultant shall complete the work described in Exhibit A -1 prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
4.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first -class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
4.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
4.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary.
3) Section 20 Conflict of Interest shall be rescinded in its entirety and replaced with the following:
Section 20 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless of location,
would place Consultant in a "conflict of interest," as that term is defined in the Political
Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
Principals and those performing work for City of Dublin may be required to submit a
California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic
Interests documenting potential financial conflicts of interest. For additional information,
proposers should refer to the FPPC website at www.fooc.ca.gov /index.php ?id =500.
4) Exhibit A shall be rescinded in its entirety and replaced with the attached Exhibit A -1.
5) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of
the terms and conditions of the AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as
of the date and year first above written.
CITY OF DUBLIN
Dated:
ATTEST:
Caroline Soto, City Clerk
SURF 2 SNOW
Dated: By:
Chris Foss, City Manager
Elizabeth Frantz, Vice President
EXHIBIT A -1
1. Scope of Work.
A. Business Stormwater Inspections
It is anticipated that Consultant will be required to conduct a total of 120 to 150 first inspections (see below
Scope of Services) on a yearly basis. Out of these, it is expected that approximately 10 - 15% will require a
second inspection and approximately 5% will require a third inspection. Inspections shall be conducted as
indicated in the City's 5 -year inspection plan, as it may be updated from time -to -time. As part of conducting
inspections, Consultant shall set up appointments with businesses at least a few days ahead of the
inspection date.
B. Spill and Discharge Response
Environmental Services (ES) in the Public Works Department has responsibility for spill and discharge
response, investigation, cleanup, follow -up, and record keeping. ES will utilize the Consultant to assist with
spill response efforts for the City. The Consultant will be the first responder, as needed, on evenings,
weekends, and holidays.
SECTION 2 — SCOPE OF SERVICES
A. Business Stormwater Inspections
City desires the Consultant to perform Business Stormwater Inspections for the City of Dublin as per the
Municipal Regional Stormwater NPDES Permit Order No. R2- 2015 -0049 (MRP). The Consultant must be
well informed about Provisions C3, C4 and C5 contained in the MRP. The Consultant will be required to
use the Alameda Countywide Clean Water Program (ACCWP) Standard Stormwater Facility Inspection
Report Form ( SSFIR form). The Consultant shall be familiar with and follow the City' Enforcement
Response Plan in the enforcement actions issued to facilities with violations. The key tasks under this
scope of services for conducting Business Stormwater Inspections will include the following:
A.1.1. Inspections:
Set up appointments with businesses at least a few days ahead of the inspection date and set an
approximate time for the inspection.
a. Visit the business site and meet with Business representative. Explain the purpose for the
inspection and ask questions to ascertain that operational Best Management Practices are
implemented by the business to prevent stormwater pollution and/or to verify that on -site
stormwater treatment measures are operating and being maintained adequately. .
b. Fill out the SSFIR forms.
i. Comments /Remarks /Requirements Section. Indicate in the "remarks" if
the on -site catch basins /area drains are labeled "no dumping flows to
creek." If not, require applicant to install storm drain markers.
ii. Priority for Re- Inspection and Enforcement sections.
c. If an active discharge is observed during the inspection, the Consultant shall take the
necessary steps to stop the discharge and immediately contact the City.
d. Consultant shall refer businesses to contact the City for additional questions beyond the
scope of the inspection.
e. When a business representative is NOT available for inspection, Consultant will perform a
visual inspection of the exterior and document observations on the SSFIR form, then drop
off or mail the unsigned 3rd copy to the business. Facility representative signature will be
signed "not available" by Consultant, and the report shall note that business was not
available for consultation.
f. Distribute the appropriate BMP handouts provided by the City to business
owners /managers — there are three the City uses — (Automotive, Restaurant and General),
check box and note which were distributed to the business.
g. Sign the report as "Inspector' and have the Business manager sign the bottom of the
report. Give Business manager the back copy of the signed report (pink copy).
h. All first inspections shall be completed no later than June 15th of each year.
For businesses that have potential stormwater violations, Consultant will let the Business manager
know at the end of the first inspection that the Business has violation(s) that need to be addressed.
Consultant will show the Business manager all violations and/or concerns. Consultant will give
Business up to 10 business days to correct the violations (depending on the severity of issues, and
potential for material to enter the storm drain - for example, a potential rain event requires that the
re- inspection occur before the rain starts). Consultant will inform the Business manager of the
expected date of re- inspection.
Consultant will take pictures of any potential problem areas, document number of pictures taken for
a site and note that on the SSFIR form. Consultant will notify the City by the 3rd business day of
the week following inspection of all businesses that require a re- inspection.
A.1.2 Re- Inspection:
Consultant will email the City weekly (within 3 business days of the week following the inspection)
a "re- inspection spreadsheet" list of all businesses that require a re- inspection.
The City will inform the Consultant within 3 business days following the submittal of "re- inspection
spreadsheet" if the re- inspection will be conducted by the City or the Consultant.
If the inspection is determined to be done by the Consultant, it will perform the re- inspections within
the appropriate timeframe (generally within 10 business days of the previous inspection, as
indicated in the City of Dublin's Enforcement Response Plan). The list will include a description of
why a re- inspection is required, and will include pictures taken of all potential and actual violations.
At the re- inspection, Consultant will take the original SSFIR form for reference and use the form to
make comments on whether the business has made the appropriate corrections /changes.
Consultant will take pictures of the areas that were a problem at initial inspection, and email them
to the City with the next weekly report. If the Consultant feels that the business is now in
compliance and all potential and actual violations have been corrected, then the business
inspection is considered complete. If re- inspection is required due to serious violation, Consultant
will notify City staff immediately, and work with City staff to determine what action needs to be
taken.
A.2 Post Inspection Reporting to City:
Send weekly reports electronically to the City (by the 3rd day of the following business week),
apprising the City with the status of inspections. The weekly reports must include a summary of
the number of business inspections completed to date, the number of first inspections remaining, a
list of the businesses that need re- inspection and an updated work plan outlining when the
inspections will be completed.
2. Include electronic copies of Stormwater Inspection Report Forms and photographs for all
inspections completed that week. Picture format should include a date /time notation.
A.3 Deliverables:
Consultant will provide the following:
Weekly (when inspections are performed) - scan and email completed SSFIR forms and associated
photographs to City staff (Environmental Coordinator, Shannan Young, and Administrative Support,
Darla Murtaugh)., Weekly reports with pictures are due to City (via email) by the 3rd day of the week
following inspections, as described above under "Post Inspection Reporting to City ".
1. Monthly - return completed duplicate originals of all inspections to City, along with a monthly
updated spreadsheet of inspection status by email to City. Monthly report will be due by the 15th of
the following month to the City via email; hardcopy of duplicate originals due by 20th of the following
month.
A.4 City of Dublin will provide the following:
1. Excel Spreadsheet of businesses to be inspected each year.
2. BMP brochures to hand out to businesses.
3. SSFIR forms.
B. Spill and Discharge Response
The City will utilize the Consultant for assistance with spill and discharge response, as needed. The
Consultant may be called upon to conduct investigations, develop action plans, assist with spill
containment, assist with record keeping and time tracking, conduct follow -up work, or other activities as
described in the City's Spill and Discharge Response Plan provided in Attachment A. The Consultant is
required to follow the Spill and Discharge Response Plan as it may be updated from time -to -time.
The Consultant will be the first responder to spills on evenings, weekends, and holidays, as needed. As
the first responder, the Consultant shall use the city's URBAN RUNOFF AND INCIDENT RESPONSE
FORM which is included in Attachment A and follow procedures as outlined in the City's Spill and
Discharge Response Plan after consulting with City staff regarding how to proceed with the response.
B.1: Project Management and QA/QC
The Consultant will provide a Project Manager for coordination and management of the consultant team
activities and communication with the City of Dublin.
B.2 : Spill Response
The Consultant will provide a qualified individual to conduct site investigations associated with any reported
spills or discharges. The site inspector will obtain the appropriate field forms and any available
improvement plans and/or any GIS information identifying the location of storm drains in the immediate
area.
The site inspector will be provided by the Consultant appropriate PPE and field equipment, including a
camera and reporting materials.
Assumptions for Spill Response Investigations
• The Consultant assumes there will be up to 12 spill investigations needed per fiscal year
• The Consultant assumes a typical spill response investigation will take no more than 3 hours
initially
• The Consultant assumes the follow up on the incident will take no more than 1.5 hours
• The Consultant assumes the emergency weekend /after hours on -call rate will be 1.5 times the
normal hourly rate
• It is assumed when the Consultant is the first to arrive at an emergency situation (hazardous
material spill) the inspector would be responsible to notify First Responders and the City of Dublin
in parallel to immediately resolve any unsafe /hazardous situations
• It is assumed for all other non - hazardous spills the Consultant would follow the reporting protocol
as outlined to the City of Dublin and the City of Dublin would make all agency and responsible
party potential fine notifications
City of Dublin Contacts:
Shannan Young (Contract Manager)
Environmental Coordinator
100 Civic Plaza
Dublin, CA 94568
925 - 833 -6616
shannan.young c( dublin.ca.gov
Darla Murtaugh (Contract Support)
Office Assistant II
100 Civic Plaza
Dublin, CA 94568
925 - 833 -6630
darla.murtaugh c( dublin.ca.gov
Surf 2 Snow Contact:
Elizabeth Frantz
Vice President
2246 Camino Ramon
San Ramon, CA 94538
925 - 362 -3041 x 412
efrantz @s2serm.com
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Exhibit C: Original
SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
SURF 2 SNOW ENVIRONMENTAL RESOURCE MANAGEMENT, INC.
This Agreement is made and entered into between the City of Dublin ( "City ") and Surf 2
Snow Environmental Resource Management ( "Consultant ") as of March 3, 2016 (tile
`Effective Date "). In consideration of their mutual covenants, the parties hereto agree as
follows:
1. Scope of Work. Subject to the terms and conditions of this Agreement,
Consultant shall provide those services described in Exhibit A.
2. ' Payment Terms. For the services described in Exhibit A, the City agrees
to pay Consultant a total amount that shall not exceed $25,000, which amount shall
include all expenses. Consultant shall submit progress billings on a monthly basis, if
applicable. Except as specifically authorized by City, Consultant shall not bill City for
duplicate services performed by more than one person (reasonable quality control and
assurance work as generally recognized as an acceptable practice in this field is
excepted). Consultant's bill shall include the following information for the project: a
brief description of services performed, the date the services were performed, the number
of hours spent and by whom, a brief description of any costs incurred, percent completion
to date of each task and subtask, total of prior billings, amount for billing period, total
billing to date, and the Consultant's signature. In no event shall Consultant submit any
billing for an amount in excess of the maximum amount of compensation provided for in
this section. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
3. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product, and other materials prepared, or in the process of being prepared, for
the services to be performed by Consultant shall be and are the property of City, and City shall
be entitled to full access thereto, and copies thereof, during the progress of the work. Any such
items remaining in the hands of Consultant or in the hands of any subcontractor upon completion
or termination of the work shall be forthwith delivered to City. If any materials are lost,
damaged, or destroyed before final delivery to City, Consultant shall replace them at its own
expense, and Consultant hereby assumes all risks of loss, damage, or destruction of or to such
materials. Consultant may retain a copy of all material produced under this Agreement for its
internal use not in conflict in terms of this agreement. Any and all copyrightable subject in all
reports, designs, drawings, plans, specifications, schedules, work product and other materials is
hereby assigned to City by Consultant . Consultant shall execute any additional documents that
may be necessary to evidence such assignment at no additional cost to City.
4. Terre of Performance. Consultant shall begin performing the services
set forth in Exhibit A no later than 5 days following the Effective Date of this Agreement.
Consultant shall thereafter perform and complete all services by June 30, 2016.
Services ,Agreement Page I of 6
5. Independent Contractor. At all times during the term of this Agreement,
Consultant, his/her employees and agents shall be independent contractors and not
employees or agents of the City. Consultant and his /her employees and agents shall have
no authority, express or implied, to bind the City to any obligation whatsoever.
6. Assienrnent and Subcontracting. Consultant shall not subcontract,
assign or transfer any portion of the performance contemplated and provided for in this
Agreement without the approval of the City Manager. Consultant shall not subcontract
any portion of the performance contemplated and provided for herein without prior
written approval of the City. Consultant shall be solely responsible for reimbursing any
subcontractors, and City shall have no obligation to them.
7. Indemnification. To the maximum extent allowed by law, Consultant shall
indemnify and hold City, its elected and appointed officials, and its employees, agents and
representatives harmless against any and all suits, claims or actions arising out of any injury to
persons or property including, but not limited to, death that may occur, or that may be alleged to
have occurred, in the course of the performance of this Agreement to the extent caused by a
negligent act or omission (active or passive negligence) or wrongful misconduct of Consultant or
any of its employees, subcontractors, agents, or representatives. Consultant shall defend any and
all such actions, suits, or claims and pay all attorneys' fees and all other costs and expenses
arising therefrom or incurred in connection therewith. Consultant 's responsibility for such
defense and indemnity obligations shall survive the termination or completion of this Agreement
for the full period of time allowed by law. The defense and indemnification obligations of this
Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance
obligations contained in this Agreement. If any judgment is rendered against City or any of its
elected or appointed officials or any of its employees, agents, and representatives in any such
action, suit, or claim, Consultant shall, at its expense, satisfy and discharge the judgment.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing
services under this Agreement is determined by a court of competent jurisdiction or the
California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as
an employee of City, Consultant shall indemnify, defend, and hold harmless City for the
payment of any employee and /or employer contributions for PERS benefits on behalf of
Consultant or its employees, agents, or subcontractors, as well as for the payment of any
penalties and interest on such contributions, which would otherwise be the responsibility of City.
S. Insurance.
a. If Consultant employs any person to perform work in connection with this
Agreement, Consultant shall procure and maintain at all times during the performance of the
work Workers' Compensation Insurance in conformance with the laws of the State of California
and Federal laws, where applicable. Employers' Liability Insurance shall not be less than One
Million Dollars ($1,000,000) per accident or disease. Consultant shall also procure and maintain
at all times during the term of this Agreement General Liability Insurance (including automobile
operation) covering Consultant and City for liability arising out of the operations of Consultant
and any subcontractors. Each policy shall include coverage for all vehicles, licensed or
unlicensed, on or off City's premises, used by or on behalf of Consultant for the performance of
work under this Agreement. Each policy shall provide coverage of not less than One Million
Services Agreement Page 2 of 6
Dollars ($1,000,000) per claim, naming as an additional insured, in connection with Consultant's
activities, City, its elected and appointed officials, and its employees, agents, and representatives.
b. Each insurer shall agree that its policy is primary insurance and that it
shall be liable for the full amount of any loss up to and including the total limit of liability
without right of contribution froth any other insurance covering City .
C. Prior to commencement of work hereunder, Consultant shall deliver to
City a certificate of insurance which shall indicate compliance with the insurance requirements
of this paragraph 8. City reserves the right to obtain a full certified copy of any insurance policy
and endorsements during this time. Failure to exercise this right shall not constitute a waiver of
right to exercise later.
d. It shall be a requirement under this Agreement that any available
insurance proceeds broader than or in excess of the specified minimum insurance coverage
requirements and /or limits shall be available to City as an additional insured. Furthermore, the
requirements for coverage and limits shall be (1) the minimum coverage and limits specified in
this Agreement; or (2) the broader coverage and maximum limits of coverage of ally insurance
policy or proceeds available to the named insured; whichever is greater. The additional insured
coverage under the Consultant'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 CG 20
01 04 12. In the event Consultant fails to obtain or maintain coverage as required by this
Agreement, the City at its sole discretion may purchase the coverage required and the cost will
be paid by Consultant. Each policy shall include an endorsement providing that it shall not be
cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to
City of such cancellation, change, or lapse.
e. All self-insured retentions (SIR) and /or deductibles must be disclosed to
City for approval and shall not reduce the limits of liability. Policies containing any self - insured
retention (SIR) provision or deductibles shall provide or be endorsed to provide that the SIR
and /or deductibles may be satisfied by either the named insured or City.
f. Consultant shall also procure and maintain at all times during the
performance of the work Professional Liability Insurance covering Consultant's performance
under this Agreement. The policy shall provide coverage of not less than One Million Dollars
($1,000,000) per claim.
g. Inclusion of City as additional insured shall not in any way affect its rights
with respect to any claim, demand, suit, or judgment made, brought or recovered against
Consultant. Such policy shall protect Consultant and City in the same manner as though a
separate policy had been issued to each, but nothing in the policy shall operate to increase the
insurer's liability as set forth in the policy beyond the amount or amounts shown or to which the
insurer would have been liable if only one interest had been named as an insured.
h. City reserves the right to obtain a full certified copy of any insurance
policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to
exercise later.
i. If the policies of insurance obtained and maintained by Consultant under
this Paragraph 8 provide coverage on a claims -made rather than occurrence -based basis,
Consultant shall maintain such coverage, or obtain comparable tail coverage, for the period
following termination of this Agreement until the expiration of all applicable statutes of
limitations.
Services Agreement Page 3 of 6
j. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to liability arising out of activities performed by or on behalf of
Consultant, including the insured's general supervision of Consultant, as well as products and
completed operations of Consultant.
9. Nondiscrimination and Equal Opportunity. During the performance of
this Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of race, religion, creed, color, national origin, sex, sexual
orientation or age.
10. Documents. During the term of this Agreement, Consultant shall permit
representatives of City, at all reasonable times, to have access to, examine, and make
copies, at City's expense, of Consultant's books, records, and documents relating to this
Agreement.
11. Licenses. If a license of any kind, which term is intended to include
evidence of registration, is required of Consultant its employees, agents or subcontractors
by federal or state law, Consultant warrants that such license has been obtained, is valid
and in good standing, and Consultant shall keep it in effect at all times during the term of
this Agreement, and that any applicable bond has been posted in accordance with all
applicable laws and regulations.
12. Time is of the Essence. Consultant agrees to diligently prosecute the
services to be provided under this Agreement to completion and in accordance with the
schedule specified in Exhibit A. In the performance of this agreement, time is of the
essence.
13. Termination. At any time City shall have the right to terminate this
Agreement immediately by giving written notice to Consultant. For termination not
based on default of Consultant, Consultant shall be compensated in accordance with the
provisions of Paragraph 2, Compensation, for the services performed and expenses
incurred to the date of termination, plus any reasonable costs and expenses which are
reasonably and necessarily incurred by Consultant to effect termination. For termination
by reason of default of Consultant, City's maximum obligation shall be to remit final
payment to Consultant in an amount to cover only those services performed and expenses
incurred in accordance with this Agreement up to the effective date of termination. City
shall be entitled to exercise all available remedies arising from said default. Regardless
of the cause of termination, City may condition payment of such compensation upon
Consultant delivering to City any or all documents, photographs, computer software,
video and audio tapes, and other materials provided to Consultant or prepared by or for
Consultant or the City in connection with this Agreement.
14. Severability. If any term or portion of this Agreement is held to be
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions of this Agreement shall continue in full force and effect.
Services Agreement Page 4 of 6
15. Contract Administration and Notice. This Agreement shall be
administered on behalf of the City by the City Manager. Any written notice between the
parties shall be sent to:
The City of Dublin
Environmental Coordinator
100 Civic Plaza
Dublin, CA 94568
16. Integration. This Agreement, together with attached Exhibit A, contains
the entire understanding between the parties concerning the subject matter contained
herein. There are no representations, agreements, arrangements, or understands, oral or
written, between the parties relating to the subject matter of this Agreement that are not
fully expressed herein.
17. Attorneys' Fees. If any legal proceeding is instituted by either party to
enforce the terms of this Agreement or to determine the rights of the patties thereunder,
the prevailing party in the proceeding shall recover, in addition to all court costs,
reasonable attorneys' fees (including, without limitation, post judgment attorneys' fees
incurred in collecting a judgment or otherwise enforcing the terms thereof).
18. AyOicable Laiv. This Agreement shall be subject to and governed by the
law of the State of California.
19. Binding on Successors. Subject to the provisions of Paragraph 6, Assignment
and Subcontracting, this Agreement shall inure to the benefit of and be binding upon the parties,
their legal representatives, successors, and assigns.
20. Conflict of Interest. Depending on the nature of the work performed, a
consultant of City is subject to the same conflict of interest prohibitions that govern City
employees and officials (such as The Political Reform Act of 1974 (Government Code Sections
81000 et seq.) and Government Code Section 1090). During the proposal process or the term of
this Agreement, Consultant may be required to disclose financial interests.
21. AMENDMENT
This Agreement may be modified or amended only by a writing signed by both
parties.
Services Agreement Page 5 of 6
IN WITNESS HEREOF, the parties have caused their authorized representatives
to exCCLIte this Agreement on the — day of —,20—.
N 3
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Consultant:
B§- a. Chris L. Foss,�City M6nager Hy Eljz6eth Frantz, Vice President
APPROVED AS TO FORM:
z
:010rllakker, City Attorney
Services Agreement Pi 6 of 6
EXHIBIT A
1. Scope of Work.
A. Business Stormwater Inspections
It is anticipated that Consultant will be required to conduct a total of 120 to 150 first inspections
(see below Scope of Services) on a yearly basis. Out of these, it is expected that approximately
10 - 15% would require a second inspection and approximately 5% would require a third
inspection. Tile majority of inspections conducted include restaurants and automotive related
businesses. There is very little manufacturing and light industrial business in Dublin.
Approximately 80% or more of our inspections have a limited potential for pollutant discharge at
the time of inspection. As part of conducting inspections, Consultant will be required to set up
appointments with businesses at least a few days ahead of the inspection date and set an
approximate time for the inspection.
B. S12ill and Discharge Res onse
Environmental Services (ES) in the Public Works Department has responsibility for spill and
discharge response, investigation, cleanup, follow -up, and record keeping. ES will utilize the
Consultant to assist with spill response efforts for the City. The Consultant will be the first
responder, as needed, on evenings, weekends, and holidays.
SECTION 2 -- SCOPE OF SERVICES
A. Business Stormwater Inspections
City desires the Consultant to perform Business Stormwater Inspections for the City of Dublin as
per the MRP 2 (Provisions C4, Industrial and Commercial Site Controls and C5, Illcit Discharge
Detection and Elimination). The Consultant must be well informed about Provisions C4 and C5
contained in the MRP 2. The Consultant will be required to use the Alameda Countywide Clean
Water Program (ACCWP) Standard Stormwater Facility Inspection Report Form (SSFIR form).
The Consultant shall be familiar with and follow the City' Enforcement Response Plan in the
enforcement actions issued to facilities with violations. The key tasks tinder this scope of
services for conducting Business Stormwater Inspections will include the following:
A.1.1. Inspections:
1. Set up appointments with businesses at least a few days ahead of the inspection date and
set an approximate time for the inspection.
a. Visit the business site and meet with Business representative. Ask questions to
ascertain Best Management Practices that are implemented by the business to
prevent stormwater pollution and explain the purpose for the inspection.
b. Fill out the SSFIR general information section (top 1/3 of Form).
c. Walk the entire facility and observe and fill out all "Areas of Activity" on the
SSFIR form. Provide information that would include:
L Potential /Effcctivencss /Actual Discharge for Pollutant Discharge
and Remarks section for each area.
H. Comments /Remarks /Requirements Section. Indicate in the
"remarks" if the on -site catch basins /area drains are labeled "no
Services Agreement EXHIBIT A
dumping flows to creek." If not, require applicant to install storm
drain markers.
M. Priority for Re- Inspection and Enforcement sections.
d. If an active discharge is observed during the inspection, the Consultant shall take
the necessary steps to stop the discharge and immediately contact the City.
e. Consultant shall refer businesses to contact the City for additional questions
beyond the scope of the inspection.
f. When a business representative is NOT available for inspection, Consultant will
perform a visual inspection of the exterior and document observations on the
SSFIR form, then drop off or mail the unsigned P copy to the business. Facility
representative signature will be signed "not available" by Consultant, and the
report shall note that business was not available for consultation.
g. Distribute the appropriate BMP handouts provided by the City to business
owners /managers -- there are three the City uses — (Automotive, Restaurant and
General), check box and note which were distributed to the business.
h. Sign the report as "Inspector" and have the Business manager sign the bottom of
the report. Give Business manager the back copy of the signed report (pink
copy).
i. All first inspections shall be completed no later than .Tune I S'h of each year.
2. For businesses that have potential stormwater violations, Consultant will let the Business
manager know at the end of the first inspection that the Business has violation(s) that
need to be addressed. Consultant will show the Business manager all violations and /or
concerns. Consultant will give Business up to 10 business days to correct the violations
(depending on the severity of issues, and potential for material to enter the storm drain -
for example, a potential rain event requires that the re- inspection occur before the rain
starts). Consultant will inform the Business manager of the expected date of re-
inspection.
Consultant will take pictures of any potential problem areas, document number of
pictures taken for a site and note that on the SSFIR form. Consultant will notify the City
by the 3`a business day of the week following inspection of all businesses that require a
re- inspection.
A.1.2 Re- Inspection:
1. Consultant will email the City weekly (within 3 business days of the week following the
inspection) a "re- inspection spreadsheet" list of all businesses that require a re- inspection.
2. The City will inform the Consultant within 3 business days following the submittal of
"re- inspection spreadsheet" if the re- inspection will be conducted by the City or the
Consultant.
3. If the inspection is determined to be done by the Consultant, it will perform the re-
inspections within the appropriate timeframe (generally within 10 business days of the
previous inspection). The list will include a description of why a re- inspection is
required, and will include pictures taken of all potential and actual violations.
4. At the re- inspection, Consultant will take the original SSFIR form for reference and use
the form to make comments on whether the business has made the appropriate
Services Agreement EXHIBIT A
corrections /changes. Consultant will take pictures of the areas that were a problem at
initial inspection, and email them to the City with the next weekly report. If the
Consultant feels that the business is now in compliance and all potential and actual
violations have been corrected, then the business inspection is considered complete.
5. If re- inspection is required due to serious violation, Consultant will notify City staff
immediately, and City staff will visit site to determine what action, if any, needs to be
taken. City staff will notify Consultant if Consultant will be responsible for re- inspection.
All re- inspections must be completed no later than Jude 30th, 2016.
A.? Post Inspection Reporting to o City
1. Send weekly reports electronically to the City (by the 3rd day of the following business
week), apprising the City with the status of inspections. The weekly reports must include
a summary of the number of business inspections completed to date, the number of first
inspections remaining, a list of the businesses that need reinspection and an updated work
plan outlining when the inspections will be completed.
2. Include electronic copies of Stormwater Inspection Report Forms for all inspections
completed that week, and include pictures taken for sites that require a re- inspection as an
attachment to the weekly report, noting which business /address the pictures are for.
Picture format should include a date /time notation. Include an electronic copy of
inspection with added notes each time a re- inspection is required.
A.3 Deliverables:
Consultant will provide the following:
1. Weekly (when inspections are performed) - scan and email front page of Completed
SSFIR to City staff (Clean Water liaison, Shannan Young, and Administrative Support,
Darla Murtaugh), including pictures taken of sites that require a re- inspection. Business
name /date /time of picture should be included in file name.
2. Weekly reports with pictures are due to City (via email) by the 3rd day of the week
following inspections, as described above under "Post Inspection Reporting to City ".
3. Monthly - return completed duplicate originals of all inspections to City, along with a
monthly updated spreadsheet of inspection status by email to City. Monthly report will
be due by the 15'1' of the following month to the City via email; hardcopy of duplicate
originals due by 201h of the following month.
4. Inspection notes — comment on problems /potential issues /resolutions.
A.4 City of Dublin will provide the following:
1. Excel Spreadsheet of businesses to be inspected each year.
2. BMP brochures to hand out to businesses.
3. SSFIR forms.
B. Spill and Discharge Response
The City will utilize the Consultant for assistance with spill and discharge response, as needed.
The Consultant may be called upon to conduct investigations, develop action plans, assist with
spill containment, assist with record keeping and time tracking, conduct follow -up work, or other
activities as described in the City's Spill and Discharge Response Plan provided in Attachment
Services Agreement EXHIBIT A
A. The Consultant is required to follow the Spill and Discharge Response Plan as it may be
updated, from time -to -time.
Tile Consultant will be the first responder to spills oil evenings,, weekends, and holidays, as
needed, As the first responder, the Consultant shalt use tile city's URBAN RUNOFF AND
INCIDENT RESPONSE FORM which is included in Attachment A and follow procedures as
outlined in the City's Spill and Discharge Response Plan after consulting with City staff
regarding how to proceed with the response,
B.1: Project Management and QA/QC
S2S will provide aProject Manager for coordination and management of the contractor team
activities and communication with the City of Dublin,
B.2 : Spill Response
S2S will provide a qualified individual to conduct site investigations associated with any
reported spills or discharges. The site inspector will obtain (lie appropriate field forms and any
available improvement plans and/or any GIS information identifying the location of storm drains
in the immediate area,
The site inspector will be provided by Consultant appropriate PPE and field equipment,
including a camera all(] reporting materials.
Assumptions for Spill Response Investigations
0 S2S assumes there wilt be tip to 12 spill investigations needed in the year 2016
o S2S assumes a typical spill response investigation will take no more than 3 hours initially
0 S2S assumes the follow tip oil the incident will take no more than 1.5 flours
0 S2S assumes the emergency weekend/after hours on-call rate will be 1,5 tines the normal
hourly rate
0 It is assumed when S2S is the first to arrive at all emergency situation (hazardous
material spill) the inspector Would be responsible to notify First Responders and the City
of Dublin in parallel to immediately resolve any unsafe/hazardous SiWiltiOIIS
0 It is assumed for all other non-hazardous spills S2S would follow the reporting protocol
as OLItlined to the City of Dublin and the City of Dublin would make all agency, and
responsible party potential fine notifications
City of Dublin Contacts
Shannan Young (Contract Manager)
Environmental Coordinator
100 Civic Plaza
Dublin, CA 94568
9254833-6616
shannan.
Darla Murtaugh (Contract Support)
Office Assistant 11
100 Civic Plaza
Dublin, CA 94568
925-833-6630
u[ iLjx�
Services Agreement EXHIBIT A
Surf 2 Snow Contact
Elizabeth Frantz
Vice President
2246 Camino Ramon
San Ramon, CA 94538
925- 362 -3041 x 412
efrantz @s2serm.com
2. Payment Terms. {See Next Page "M Schedule qf Fees for City of Dublin's RFI for Business
Stornavater Inspections
Services Agreement EXHIBIT A
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Attachment A: Spill and Discharge Response Plan
BACKGROUND
Environmental Services (ES) in the Public Works Department is responsible for spill and discharge response,
investigation, cleanup, follow-up, and record keeping. ES may utilize assistance from the Public Works
Department (PWD), Community Development Department, Alameda County Fire Department (ACFD), Dublin
San Ramon Services District (DSRSD), Alameda: County Environmental Health, or other agencies, as needed, in
spill response,
The phone numbers for reporting spills or discharges to ES will be distributed to other staff and agencies,
posted on the City's website, and otherwise distributed as aippropriate.
RESPONSE PROCEDURES DURING NORMAL OFFICE HOURS (8 AM S PM, MON FRI)
Situation
Actions
Call received
ES staff receives incoming phone call or message, In the event that another department
receives the call, immediately transfer the message to a LIVE staff person. Do not transfer
to voice mail. Follow the response list below:
1) Shannan young (Environmental Coordinator, x 6,616)
2) Kathy Southern (Environmental Technician, x 2150)
3) Obald Khan (Transportation & Operations Manager, x 66,34)
4) William Lai (Assistant Civil Engineer, x 4522)
5) Public Works Manager (tbd)
6) Andrew Russell (Assistant Public Works Director/City Engineer, x 6635)
7) Other staff trained on Spill & Discharge Response plan
8) Most senior ranking MCE staff on duty
Initial Office
Use the URBAN RUN-OFF & INCIDE T REPORT FORM (Attachment A) and
Analysis
determine if any of the following scenarios apply:
0 Is the spill. hazardous, or potentially ha!zardous,? If so, call Fire Dispatch at
9125-447-4257 or 911.
e Has the spill reached an open drainage channel or creek or is it in eminent danger of
doing so? If the spill has reached an open channel, call Zone 7, Also, contact the City
Manager's Office for spills that may result in an impact to the general public, may
generate calls from the press, or if other regulatory agencies are involved.
0 Is the spill activelon-going? If so, response to the incident shall be immediate. Spills
that do not represent an immediate threat to water quality may be completed within
24 hours if delay will not exacerbate the problem.
Office
Gather the following materials to prepare for the site inspection:
preparation
0 Notify the Police Department at 925-426-1212, if necessary
• City vehicle (if available)
• Safety vest with City insignia
• City ID badge
• Camera/cell phone
• Field forms
• Improvement plans/GIS storm drain information
At the scene of
Perform the following tasks at the scene:
incident
o Locate the caller or responsible party.
Updated 2/2016 Page 1
Attachment A: Spill and Discharge Response Plan
rVYMT�MKM=MJJ)MM �—M AMMERM11
Updated 2/2016 Page 2
• Observe the incident to confirm the extent of the spill and if there is potential for
the spill to spread and/or reach a: storm drain or an open drainage channel/creek.
If the spill has reached a drainage channel/'creek, contact the regulatory agencies
listed in Attachment B, Spill Incident Notification List, as appropriate. If the spill
poses a hazard to school locations, contact Dublin Unified School District (see
Attachment B).
• If appropriate, collect samples of the discharge and send them to a State certified
laboratory for analysis,
• Verify whether or not the spill is hazardous. If it is unknown if the spill is
hazardous, treat it as if it is,
• Determine if the spill is on private property or in the public right-of-way.
• Make note of everyone involved in the response and record the tirneline of events,
Active/on-going
Take the following, actions for an active/on-going spill:
spill
® Stop the spill, if possible,
0 Request assistance from PWD field crews, Assist crews in placing containment
materials. Include storage capacity for the spill in the containment measures.
0 Contact the Dublin San Ramon Services District (DSRSD) and/or MCE staff for
support, as needed. DSRSD vactor trucks may be used for non- hazardous /non-
volatile spills.
0 If appropriate, collect samples of the discharge and send thern to a State certified
laboratory for analysis.
e Track time spent by field crews cleaning-Up/containing the spill so the discharger
may be billed.
a Follow the contained discharges procedures once the spill has been contained.
Hazardous
0 Contact Fire Dispatch, or call 911 (if not contacted already).
materials spill
o Work with incident commander to provide assistance, ais necessary.
0 If necessary, contact a vendor licensed to haul hazardous materials for vactor
services (see Attachment C, List of Vendors).
0 Obtain information on the type and quantity of material spilled from the incident
I commander.
• Once the incident commander releases the scene,, work with the responsible party
(i.e. property owner, property manager or business owner) to ensure that the site
is cleaned appropriately.
Contained
0 Notify the responsible party (if known) of their obligation to hire a private vendor
discharges
to cleanup and remove spilled, material. Give the responsible party a tirne frame to
finish the job, per the Enforcement Response Plan (Attachment D), If rain is
im the cleanup must be done prior to the rain event.
• Notify the responsible party of the potential for fines,
• If the spill or discharge is the result of a: physical defect at the site (such as a
collapsed sewer lateral), advise the responsible party of the need for permanent
repairs or correction.
• Remain at the site until the spill has been contained and the responsible party has
agreed to arrange for cleanup, or PWD or DSRSD has confirmed that they will
Updated 2/2016 Page 2
Attachment A. Spill and Discharge Response Plan
cleanup spills for which no responsible party can be found.
Appropriate
Advise the responsible party that flushing the spill down the storm drain is
cleanup method
unacceptable and that the only acceptable means of cleanup Is plugging the
for spilled
drainage system downstream of the spill, flushing the spill to a point where it can
materials
be vacuumed, and transporting the material: by a licensed hauler to an
appropriate disposal site.
• Advise the responsible party that the City maintains a list of vendors which are
qualified to complete the cleanup work and' that this list can be provided to the
responsible party (refer to Attachment C, list of vendors).
• If the discharger hires a vendor NOT on the list, the City should! be present at the
start of the cleanup to ensure that proper procedures are followed.
Follow-up
0 If the spill is the result of construction activity, confirm with the Building Division
that a building permit has been Issued and, if a permit has been issued, request
that a hold be put on the permit final until the cleanup has been completed and all
costs have been recovered for the response. If a permit has not been issued, work
with the Bulilding Division to issue a stop work order.
• Send a letter to the responsible, party, describing the events that took place, the
time and manner in which the cleanup and/ or permanent repairs are to be
completed, and any costs for which the responsible party may be liable.
• Confirm that the work was completed within the designated: timeframe and in a
satisfactory manner. Inspect the work and/ or request copies of cleanup or
disposal records as needed. Confirm that permanent repairs have been completed,
as necessary.
• If the responsible party refuses, delays, or is otherwise unwilling or unable to
complete the cleanup work, reaffirm to the responsible party the need for
corrective action. Notify the responsible party that he/she will be responsible for
costs incurred by the City and/or other agencies, if their services are used to
perform the cleanup.
• In egregious cases, contact Regional Board staff and the Enforcement Division
requesting Board assistance.
• Request a summary of billable costs from PWD, DSRSD, or others. The costs shall
be compiled and forwarded to Administrative Services for invoicing.
• Record spill information in the ERP database, for inclusion in the City's Annual
Stormwater Report to the Regional Board.
RESPONSE PROCEDURES AFTER HOUIRS, HOLIDAYS AND WEEKENDS
Taking
a Take calls in accordance with the PW Department Maintenance emergency caHout
information/
list (see Attachment E, Public Works Department Maintenance Emergency Callout
initial
List) and follow the procedure outlined above.
analysis/field
0 MCE shall monitor and/or contain/clean up the spill.
response
0 At the start of normal business hours, MCE shall notify ES and the PW Maintenance
Manager of the incident. MCE and ES shall discuss the need for further action; MCE
will continue active cleanup work as needled. ES is responsible for non-emergency
follow-up and documentation of the incident.
Up ldated 2/2016 Page 3
Attachment A: Spill and Discharge Response Plan
ro� Lost: I N
A) Urban Runoff & Incident Report Form
B) Spill Incident Notification List
Q List of Vendors
D) Enforcement Response Plan excerpt
E) Public Works Department Maintenance Emergency Callout List
Updated 2/2016 Page 4
Attachment A: Spill and Discharge Res�ponse Plan
M— MM== •
...... mw
ULMIMawl g Rawn, ffliffm [ali, r0i MazM11 '� 'k�mamn jk-iTi
Date: Time: Weather, conditions:
Witness/Complainant.
Responsible Party:
Name:
Address:
City;
Phone Number: Vehicle inLormation:
Zip Code;
is this a hazardous materials spill? 0 yes 01 no D unknown If yts, call Fire Dispatch @ 925-447-4257 or 911.
Is this an active/on-going spill? El yes 11 no 13 unknown
Has the spill entered: open drainage channel or creek? 0 yes ❑ 110 Cl unknown If yes, contact the appropriate
regulatory authorities, per IIDC Incident Notification List, Attachment B.
Has the spill entered a storm drain? 0 yes 0 no 0 unknown
Is the spill/incident located in the public right-of-way? 0 yes 11 no 0 unknown
Location /Address of Spill.
Incident:
Report Taken By:
Updated 2/2016 Pa, e 5
Attachment A: Spill and Discharge Response Plan
Respondent- Date of Response: Time of Response:
Timeline to complete the cleanup, per the CRP or weather conditions;
Action Taken:
Type of Material Spilled�:
11 Construction Debris*
11 Sedirnent/MLjd
0 Yard Waste
11 Motor oil
Quantity of Material Spilled:
0 Concrete
El Vehicle Cleaning Wash waters
0
* If construction debris, contact the Building Division per the Spill and Discharge Response Plan.
Agencies Notified:
Comments:
Are structural repairs needed? Yes / No
Follow Up Required? Yes /No
Date of Completion:
M11ndustr & 1111cit- Discharge — Urban RunofAEnforcement Response Plan laddent-Urban Runoff Repctt.DOC
Updated 2/2016 Page 6
Attachment A: Spill and Discharge Response Plan
IN III!! 1111111� 1111111� 111111111,11 -111 111111,11 11
If an illicit discharge reaches an open water channel, it is mandatory to contact
i
the following-.
A"ItTAM14110i
Normal Business Hours: T (925) 454-5000
24-Hour Hotline: T (925) 447-6704 x1
I i
ALAMEDA COUNTY WATER DISTRICT
Hotline: T (510) 668-6500
REGIONAL WATER QUALITY CONTROL BOARD
Spill Hotline: T (510) 622-2369
DEPARTMENT OF FISH & WILDLIFE
(Call for spills of 50 gallons or more)
Cal Tip H�otlinei: T (888) 334-2258
CA EMERGENCY MANAGEMENT AGENCY
(Call for spills • 50 gallons or more)
Hotline, T 1(800) 852-7550
REPORT SEWAGE BACK-UPS AND SPILLS TO DSRSD
Field Services: T (925) 828-7897
REPORT'SPILLS THAT MAY IMPACT SCHOOLS, TO DUBLIN UNIFIED SCHOOL,
DISTRICT (DUSD)
Brian Fritz- (925) 383-806,3; Main line — (925) 82&2551
Updated 2/2016 Page 7
Attachment A: Spill and Discharge Response Plan
Company
Contact Information
Roto Rooter
Main:
(510) 483-2324
Natasha NiLISUIU:
(510) 780-1053
Joe Fuaita:
(510) 755-1256
Rescue Rooter
Brett:
(510) 729-6043
(*no vac truck*)
Fax:
(510) 632-1175
Environmental Logistics
Main:
(510) 6701-9901
(Hayward)
24/7 emergency:
(888) 641-3940
Clean Harbors
Steve Hancock (main): (408) 451-5000
(Benicia and San Jose)
Direct business line:
(408) 451-5077
Direct cell:
(408) 390-6187
24/7 emergency:
1(800) 645-8265
Storm Water Inspection &
Todd L. Hudson (main): (866) 96-SWIMS
Maintenance Services, Inc.
Fax:
(925) 513-1448
(Discovery Bay)
Cell:
(925) 570-4575
Ramos Environmental
Main:
(916) 371-5747
(west Sacramento)
24/7 emergency:
1(800) 456-7745
Phillip Services (PSC)
Main:
1(800) 800-7472
(Benicia)
Secondary:
(707) 748-3040
Veolia
Tim Perez:
(916) 803-2168
(Fremont and Richmond)
Main:
1(800) 325-2382
Consolidated Waste
(510) 638-1687
Marcor Environmental
Frank Leyva
(925) 307-1510
(Dublin)
Cell:
(510) 376-5346
*The City of Dublin does not endorse any one environmental clean-up firm over another; this list is in random
order.
Updated 2/2016 Page 8
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Attachment A: Spill and Discharge Response Plan
SIREEL )RAINPNOE. LAM
USCARING-EMEMENCIE&
Cell: (925)766-0155
Home: (925) 371-7778
1, Marc Sisto
2. Jose Tomayo
I-lome: (5,10),978-580,1
Cell., (925)766-0758
3. Tony Arthur
EARS EMERGENDIES-
Home: (926) 556-0791
Cell: (925)766-4263
1. Marc Sistio
Home: (925) 371-7778
Cell, (925)766-0155
2. Martin Flores
Home: (925) 458-1003
Cell: (925)766-2755
3. Jose Tomayo
OUILDING EMERGEINIMS
Horne: (510) 1978-5801
Cell: (9:25)766-0758
1. Mike Briones
Home: (209) 892. -,3117
Cell: (925)766-1355
2. Heath Rocheleau
Home: (978) 590-,91917
Cell: (925)766-3311
3. Marc Sistio
Home: (925) 371-7778
Cell: (925)766-0155
gWSLgency, Drain and Sweeping Service to be coordinated through City Maintenance ONLY
Emergency sweeping service: Universal Building Services, (510)527-1078 (24 hour Answering Service)
Traffic Slanal and Street Li ht Emergencies (dispatch):
Monday - Friday, 6:00 pm - 8:00 am (9125),462-1212
Saturday - Sunday, all day (925)462-1212
Zone 7 Water Agency
Treatment Plant (925) 447-6704
Dublin San Ramon Services District (for sewage spills)
Contact Sheriffs Department at (925)462-,1212, who will dispatch proper personnel
Dublin Unified School District, District Office (Larkdale Ave
I
Brian Fritz- (925) 383-8063; Main line - (925) 828.2551
Updated 2/2016 Page 11