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HomeMy WebLinkAboutReso 56-21 Approving an Agreement with Surf to Snow Environmental Resource Management, Inc. for Stormwater Inspections and Illicit Discharge Response Services Reso. No. 56-21, Item 4.6, Adopted 06/01/2021 Page 1 of 1 RESOLUTION NO. 56 - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH SURF TO SNOW ENVIRONMENTAL RESOURCE MANAGEMENT, INC. FOR STORMWATER INSPECTIONS AND ILLICIT DISCHARGE RESPONSE SERVICES WHEREAS, Staff issued a Request for Proposals (RFP) for Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit Inspections and Illicit Discharge Response Services; and WHEREAS, the City received five response to the RFP; and WHEREAS, Staff reviewed and evaluated the proposal in accordance with the RFP rating criteria and determined that Surf to Snow Environmental Resource Management, Inc. best met the City desired scope of services, based on quality, completeness of the submission, and the firm’s experience with engagements of similar scope and complexity; and WHEREAS, the City desires to enter into an agreement with Surf to Snow Environmental Resource Management, Inc. for a not to exceed amount of $168,922 over a three-year term for Municipal Regional Stormwater NPDES Permit inspections and illicit discharge response services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Surf to Snow Environmental Resource Management, Inc. attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of June 2021, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 1 of 15 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND SURF TO SNOW ENVIRONMENTAL RESOURCE MANAGEMENT, INC THIS AGREEMENT for contract services is made by and between the City of Dublin (“City”) and Surf to Snow Environmental Resource Management, Inc (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A 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, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024 the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor 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 Contractor is engaged. 1.3 Assignment of Personnel. Contractor 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, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. 1.5 [Intentionally Deleted] 1.6 [Intentionally Deleted] Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $168,922 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 2 of 15 performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor 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 Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor 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. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement 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 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;  A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense  The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;  The Contractor’s signature;  Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 3 of 15 Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 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 Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor 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 Contractor 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. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor 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. DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 4 of 15 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 5 of 15 SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 6 of 15 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 7 of 15 c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 8 of 15 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;  Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 9 of 15 Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 10 of 15 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 11 of 15 Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 12 of 15 above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. 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. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 13 of 15 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor 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 Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: Surf to Snow Environmental Resource Management, Inc Att: Elizabeth Frantz 2246 Camino Ramon San Ramon, CA 94583 Any written notice to City shall be sent to: City of Dublin Att: Michelle Sung, Environmental Technician 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 14 of 15 Exhibit A Scope of Services Exhibit B Compensation Schedule 10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN Surf to Snow Environmental Resource Management, Inc Linda Smith, City Manager Elizabeth Frantz, Vice President Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070365.1 DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 1 of 7 EXHIBIT A SCOPE OF SERVICES The three specific scopes of work under this contract include: 1) Developing 5-year and annual work plans and conducting inspections to meet MRP Provision C.3 Operations and Maintenance Verification requirements; 2) Developing 5-year and annual works plans and conducting inspections to meet MRP Provision C.4 business inspection requirements; and 3) Providing illicit discharge and spill response services. Detailed descriptions of each scope of work are provided below. A. Municipal Regional Stormwater NPDES Permit (MRP) Provision C.3 Operations and Maintenance Verification Inspections MRP Provision C.3 mandates that permittees conduct an operations and maintenance (O&M) verification program to ensure stormwater treatment and hydromodification management measures (collectively, “stormwater management measures”) remain in effective operating condition in perpetuity. Permittees must conduct O&M verification inspections according to the following formula: • Inspection of an average of 20%, but no less than 15% of total number of Regulated Projects per year, such that all Regulated Projects are inspected at least once every five years. Currently, the City has over 100 Regulated Project sites with installed stormwater management measures. During the first contract year, the City anticipates the Contractor will conduct inspections at approximately 30 Regulated Projects. Of those inspections, approximately 50% will require a second inspection and 10- 15% will require a third inspection. As the number of Regulated Projects with installed stormwater management measures increases, the number of required annual inspections will increase. A Regulated Project may have only one stormwater management measure or it may have multiple stormwater management measures. Regulated Projects may also include sites that have only full trash capture devices installed. Regardless of the number of stormwater management measures at a particular Regulated Project, each inspection will be billed per site inspection in lump sum. Contractor shall provide the proposed lump sum dollar amount per inspection in their proposal, indicating how that lump sum was determined. The Contractor will be responsible for developing a 5-year inspection plan in the first quarter of the contract term. The 5-year inspection plan will be reviewed and approved by the Environmental Services Division in the Public Works Department. The Contractor will develop the plan using the information provided in the Clean Water Program ArcGIS On-Line database, or equivalent database (CWP database) and shall be designed to meet the requirements of the MRP. In addition, the Contractor shall be responsible for providing to the City for review and approval an annual inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection plan shall include identifying current site contacts and reviewing the CWP database to verify that project locations in the 5-year plan are up to date. The annual inspection plan shall be provided to the Environmental Services Division by October 1 each year. As part of conducting inspections, Contractor shall set up appointments with site location contacts at least a few days ahead of the inspection date. The Contractor shall use the Alameda Countywide Clean Water DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 2 of 7 Program (ACCWP) Standard Stormwater Treatment BMPs Inspection Report Form (SSBIR form). The Contractor shall be familiar with and follow the City’s Enforcement Response Plan when issuing enforcement actions to facilities with deficiencies in any stormwater management measure. The key tasks under this scope of services for conducting C.3 Operations and Maintenance Verification Inspections shall include the following: A1. First Inspections The follow describes the first inspection process that the Contractor shall follow: 1. In most cases, the City will send a letter to site locations scheduled for inspection prior to Contractor contact. The site location list shall be the list developed as part of the annual inspection plan developed by the Contractor and approved by the City. Once the letter has been sent, the Contractor shall set up appointments with location representative(s) at least a few days ahead of the inspection date and time. The Contractor shall review site drawings and previous inspections at the location to determine compliance history prior to going to the site. 2. Visit the site and meet with location representative. Explain the purpose for the inspection and ask questions to verify that stormwater management measures are operating and being maintained adequately. 3. Ask location representative for maintenance records for all stormwater management measures, particularly underground or proprietary management measures. 4. Fill out the SSBIR forms and obtain the location representative’s signature on the form. Also include the following on the form: o 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 location representative to install storm drain markers. o Take pictures of potential deficiencies to provide to City staff and the location representative. o Determine the appropriate enforcement response timeline, following the City’s Enforcement Response Plan, provided in Attachment A, and indicate the timeline in the SSBIR. 5. If specific locations are not in the Clean Water Program, collect geographic information system (GIS) mapping information for each stormwater management measure. The GIS points shall be correlated with a site map and provided to the City for upload into its ArcGIS on-line platform. 6. Distribute appropriate BMP handouts provided by the City to location representative. 7. Contractor shall refer location representative to the City for additional questions beyond the scope of the inspection. 8. When a location representative is NOT available for inspection, Contractor shall contact the City to determine the action the City would like to take. 9. If it is discovered that the site owner/operator is different than the owner/operator as listed in the annual inspection plan, notify the City of the change. If the new site owner/operator is occupying the location, the Contractor shall provide educational materials, as needed and complete the inspection. 10. All first inspections shall be completed no later than May 15th of each year. 11. For site locations that have stormwater management measures with potential deficiencies, Contractor will let the location representative know about the deficiency at the end of the first inspection. Contractor will show the location representative the deficiencies and/or concerns and DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 3 of 7 provide a timeline to cure the deficiency to the location representative. Contractor shall follow the City’s Enforcement Response Plan when determining the compliance schedule. Contractor shall take pictures of any potential problem areas, document number of pictures taken for a site and note that on the SSBIR form and/or site map. A copy of the SSBIR and accompanying photographs shall be provided by the Contractor to the location representative within 3 business days following the inspection. As necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the location representative outlining violations deficiencies, along with appropriate guidance to address the violations. Contractor shall notify the City by the 3rd business day of the week following the inspection of all locations that require a reinspection. A2. Reinspections of Stormwater Management Measures The follow describes the re-inspection process that the Contractor shall follow: 1. Contractor shall email the City weekly (within 3 business days of the week following the inspection) a “reinspection spreadsheet” list of all site locations that require a reinspection. 2. The City will inform the Contractor within 3 business days following the submittal of “re-inspection Spreadsheet (see reporting below)” if the reinspection will be conducted by the City. In most cases, the Contractor will be expected to perform the reinspection. If the inspection is determined to be done by the Contractor, Contractor shall perform the re-inspections within the appropriate timeframe (generally within 30 business days of the previous inspection as indicated in the City of Dublin’s Enforcement Response Plan). 3. At the reinspection, Contractor shall complete a new SSBIR form and indicate if the appropriate measures have been taken to remedy the deficiencies in the stormwater management measures. Contractor shall take pictures of the areas that were a problem at initial inspection, and email them to the City with the next weekly report to validate that the issue has been remedied. If the City indicates that the deficiencies have been addressed, then the site inspection is considered complete. If a second reinspection is required due to serious deficiencies, Contractor shall notify City staff immediately, and work with City staff to determine what action needs to be taken. B. Municipal Regional Stormwater NPDES Permit Provision C.4 Business Inspections MRP Provision C.4 requires permittees to conduct inspections at all industrial and commercial facilities that could reasonably be considered to cause or contribute to stormwater pollution if proper best management practices are not implemented. The City anticipates that the selected Contractor will be required to conduct a total of 120 to 150 first inspections 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. The Contractor will be responsible for developing a 5-year inspection plan in the first quarter of the contract term. The 5-year inspection plan will be reviewed and approved by the Environmental Services Division in the Public Works Department. The Contractor shall develop the plan using the general stormwater business list included in the City’s most recent Annual Report to the Regional Water Quality Control Board and using information provided in the City’s inspection database. The 5-year plan shall be designed to meet the requirements of the MRP. The Contractor shall include in the 5-Year inspection plan details regarding which businesses are required to file a Notice of Intent under the Industrial General NPDES DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 4 of 7 Permit with the State Water Resources Control Board and include compliance status with that State requirement. The Contractor shall use the State Stormwater Multiple Application and Report Tracking System to verify compliance. In addition, the Contractor shall be responsible for providing to the City for review and approval an annual inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection plan shall include identifying current site contacts and reviewing the new business list provided by the City to the Contractor to verify the business list is up to date. The contractor shall review the new business list to determine which businesses may cause or contribute to stormwater pollution and therefore should be added to the annual inspection plan for the year. As part of the developing the annual inspection plan, the Contractor shall verify compliance with the State Industrial Permit for businesses included in the annual inspection plan. The new business list will be provided to the Contractor by August 1 annually and the Contractor shall provide the updated annual inspection plan, including new businesses, by September 1 annually. The inspection list may be modified from time-to-time in response to businesses opening/closing or complaints. As part of conducting inspections, Contractor shall set up appointments with businesses at least a few days ahead of the inspection date. Each inspection will be billed on a per inspection basis, (i.e. lump sum). Contractor shall provide their proposed lump sum dollar amount per inspection in their proposal, indicating how that lump sum was determined. The Contractor will be required to use the Alameda Countywide Clean Water Program (ACCWP) Standard Stormwater Facility Inspection Report Form (SSFIR form). The Contractor 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 C.4 Business Stormwater Inspections will include the following: B.1. First Inspections The follow describes the first inspection process that the Contractor shall follow: 1. In most cases, the City will send a letter to businesses to be inspected prior to Contractor contact. Once the letter has been sent, the Contractor shall set up appointments with businesses at least a few days ahead of the inspection date and set an approximate time for the inspection. The Contractor shall review previous inspections at the location to determine compliance history prior to going to the site. 2. 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 for those facilities that are also Regulated Projects under Provision C.3, to verify that on-site stormwater management measures are operating and being maintained adequately. The inspection shall include rooftop observations, as safety allows. As applicable, the inspection shall also note the potential presence of equipment/activities that contain PCBs, mercury, copper, or Styrofoam products. If such products are discovered on-site, the Contractor shall provide information on proper use/disposal of said materials. 3. Fill out the SSFIR forms, obtain the business representative’s signature on the form, and provide a copy of the form to the business representative. DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 5 of 7 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 business representative to install storm drain markers. • Verify compliance with the City’s extended polystyrene ordinance. • Verify compliance with StopWaste’s Reusable Bag Ordinance. • Document if there is a litter issue. • Document if on-site trash capture devices are installed on-site and being properly maintained. The inspector shall ask for maintenance records for on-site trash capture devices. • Take pictures of potential violations to provide to City staff and the business representative. • Determine the appropriate enforcement response timeline, following the City’s Enforcement Response Plan, and indicate the timeline in the SSFIR. 4. Distribute the appropriate BMP handouts provided by the City to business owners/managers. 5. If an active discharge is observed during the inspection, the Contractor shall take the necessary steps to stop the discharge and immediately contact the City. 6. Contractor shall refer businesses to contact the City for additional questions beyond the scope of the inspection. 7. When a business representative is NOT available for inspection, Contractor shall contact the City to determine the action the City would like to take. 8. If it is discovered that a business is no longer in operation, Contractor shall complete an SSFIR indicating that the site is out of business. Note if a new business has moved into the facility and provide the information to the City. Conduct an inspection, as necessary. 9. All first inspections shall be completed no later than June 15th of each year. 10. For businesses that have potential or actual stormwater violations, Contractor will let the business representative know at the end of the first inspection that the business has violation(s) that must be addressed. Contractor will show the business representative all potential or actual violations and/or concerns and provide a timeline to the business representative. Contractor will follow the City’s Enforcement Response Plan when determining compliance schedule. Contractor shall take pictures of any actual or potential problem areas, document number of pictures taken for a site and note that on the SSFIR form. If necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the business representative outlining violations or potential violations, along with appropriate guidance to address the violations. Contractor will notify the City by the 3rd business day of the week following inspection of all businesses that require a re-inspection. B.2 Reinspection of Businesses 1. Contractor shall email the City weekly (within 3 business days of the week following the inspection) a “reinspection spreadsheet” list of all businesses that require a reinspection. 2. The City will inform the Contractor within 3 business days following the submittal of “reinspection spreadsheet” if the reinspection will be conducted by the City. In most cases, the Contractor will be expected to perform the reinspection. 3. If the inspection is determined to be done by the Contractor, Contractor shall perform the re- inspections within the appropriate timeframe (generally within 10 business days of the previous DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 6 of 7 inspection unless rain is imminent, as indicated in the City of Dublin’s Enforcement Response Plan). At the reinspection, Contractor shall complete a new SSFIR form and indicate if the business has made the appropriate corrections/changes. Contractor shall 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 City indicates that the business is now in compliance and all potential and actual violations have been corrected, then the business inspection is considered complete. If reinspection is required due to serious violation, Contractor shall notify City staff immediately, and work with City staff to determine what action needs to be taken. C. Illicit Discharge and Spill Response Assistance Environmental Services Division (ESD) in the Public Works Department has responsibility for illicit discharge and spill response, investigation, cleanup, follow-up, and record keeping. ESD will utilize the Contractor to assist with spill response efforts for the City. The Contractor will be the first responder, as needed, on evenings, weekends, and holidays. The City will utilize the Contractor for assistance with spill and discharge response, as needed. The Contractor may be called upon to conduct investigations, develop action plans, assist with spill containment, assist with recordkeeping and time tracking, conduct follow-up work, or other activities as described in the City’s Spill and Discharge Response Plan. The Contractor is required to follow the Spill and Discharge Response Plan as it may be updated from time-to-time. As the first responder, the Contractor shall use the city’s Urban Runoff and Incident Report Form 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. The Contractor will provide a qualified individual to conduct site investigations associated with any reported spills or discharges. The spill 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 City may ask the Contractor to take the lead collecting samples of the material discharged. The Contractor is responsible for providing the spill inspector appropriate PPE and field equipment, including a camera and reporting materials. Assumptions for Spill Response Investigations: The Contractor shall assume there will be up to 12 spill investigations needed per fiscal year. The Contractor shall assume a typical spill response investigation will take no more than 4 hours initially. The Contractor shall assume the follow up on the incident will take no more than 1.5 hours. The Contractor shall assume the emergency weekend/after hours on-call rate will be 1.5 times the normal hourly rate. In the event the Contractor is the first to arrive at an emergency situation (hazardous or unknown material spill), the Contractor shall notify First Responders and the City of Dublin in parallel to immediately resolve any unsafe/hazardous situations. For all other non-hazardous spills, the Contractor would follow the reporting protocol as outlined by the City of Dublin and the City of Dublin will make all agency and responsible party potential fine notifications. DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit A – Page 7 of 7 Post Inspection Reporting and Deliverables: This section is applicable to both C.3 Operations and Maintenance Verification Inspections and C.4 Stormwater Business Inspections. Contractor shall provide the following: 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 and photographs for all inspections completed that week. Picture format should include a date/time notation. 3. Monthly - return completed originals of all inspections to City. Hardcopy of originals due by 20th of the month in which the inspections were completed (e.g., hard copies of the September inspections are due by October 20th). City of Dublin will provide the Contractor with the following: 1. New general business listings for potential general stormwater business inspections. 2. Access to the Clean Water Program database. 3. BMP brochures to hand out to businesses. 4. Hard copies of SSFIR forms. SSBIR forms will be made available electronically for the Contractor to print. 5. Inspection history and other relevant data/information. Project Management and QA/QC The Contractor shall provide a Project Manager for coordination and management of the Contractor team activities and communication with the City of Dublin. Contingency This contract includes a contingency amount of $10,000 which may only be expended upon pre-verification approval by the City, DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Services Agreement between July 1, 2021 City of Dublin and S2S Environmental Resource Mgmt. Exhibit B – Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838