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HomeMy WebLinkAbout2012 CON D-Max Engineering - Amendment #1 - NPDES PermitFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. This First Amendment to the Agreement, is entered into this 20th day of March, 2012, by and between the City of National City, a municipal corporation (the "CITY"), and D-Max Engineering, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an Agreement by and between the City of National City and D-Max Engineering, Inc., on June 21, 2011, (the "Agreement") through the adoption of City of National City Council Resolution No. 2011-124, wherein the CONSULTANT agreed to provide engineering, environmental services and assistance with implementation of the National Pollutant Discharge Elimination System ("NPDES") per requirements; and WHEREAS, the Agreement is for three consecutive fiscal years beginning in Fiscal Year 2012, with a not -to -exceed amount $250,000 per fiscal year; and WHEREAS, the City desires to increase the scope of services by the CONSULTANT to provide assistance with implementation of the Fats, Oils and Grease ("FOG") Program as outlined in the attached Exhibit "A", for the additional not to exceed amount of $93,130 over the remaining term of the Agreement, bringing the total not to exceed amount to $843,130. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on June 21, 2011, shall be amended as follows: 1. Section 2 "Scope of Services": Section 2 shall also include assistance with implementation of the Fats, Oils and Grease (FOG) program as outlined in attached Exhibit "A". 2. Section 4 "Compensation and Payment": Section 4 is amended by increasing the not to exceed amount by $93,130, broken down by fiscal years, as follows: Fiscal Year 2011-2012 2012-2013 2013-2014 Total Amounts: Current Amount $250,000 $250,000 $250,000 Increase $32,824 $30,153 $30,153 Amended Not to Exceed Amount $282,824 $280,153 $280,153 $750,000 $93,130 $843,130 The parties further agree that each and every term and provision of the Agreement dated June 21, 2012, except as amended herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APP'OVED AS TO FORM: l / I Ath CI- • a Gacit ilva City Attorney 6 D-MAX ENGINEERING, INC. By: rl214 C-� Arsalan Dadkhah President By: John Quenzer - 2 - City of National City/D-Max Engineering, Inc. First Amendment to Agreement (FOG Program) EXHIBIT "A" D-MAx Engineering, Inc. Consultants in Water & Environmental Sciences February 17, 2012 Revised March 5, 2012 Project No. 201205W Joe Smith Director Public Works Department City of National City 2100 Hoover Avenue National City, CA 91950 em a ® v MIN MN ® — WNW — J IN A V e, EMAIL Re: Proposal for Fat, Oil & Grease (FOG) Program Development and Inspections Dear Joe: D-MAx Engineering, Inc. (D-MAx) is pleased to submit this proposal to conduct FOG Program compliance inspections of industrial and commercial facilities within the City of National City (City). Work will be conducted in accordance with the City's Sanitary Sewer Management Plan (SSMP) and the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (SWRCB Order No. 2006-0003-DWQ). Based on our experience with FOG programs in other jurisdictions and our current work in the City of National City, we will be able to provide cost-effective assistance with the development and implementation of the City's FOG Program. SCOPE OF SERVICES Task 1 — FOG Program Development - Our scope of services will include the following sub - tasks. 1.1: Development of FOG Best Management Practice (BMP) Requirements We will update the City's SSMP to include FOG BMPs for Food Service Establishments (FSEs). We will develop a list of required FOG BMPs, including the following. • Source control BMPs, such as installing drain screens and training employees. These BMPs are necessary since SWRCB Order No. 2006-0003-DWQ requires "Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system...." • Numeric standards for total accumulation of grease and solids in grease control devices, which create a clearer basis for compliance and enforcement. • Record -keeping requirements, most commonly for grease control device maintenance, employee training, private sewer lateral cleaning, and hood exhaust cleaning. It is our understanding that these BMPs require legal backing from the City's Municipal Code, and that City staff will be able to obtain input from the City Attorney. 1.2: Development of a FOG Inspection Form We will create FOG inspection forms for the City. For stand-alone FOG inspections, a short form will be developed to log the appropriate facility and FOG BMP information. We will also adapt the existing Storm Water Industrial/Commercial restaurant attachment to 7220 Trade Street ■ Suite 119 ■ San Diego, CA 92121 • (858) 586-6600 ■ Fax (858) 586-6644 Joe Smith City of National City March 5, 2012 Page 2 w.® IBM ▪ teaMEW 1101 ® —aw01 ® Aim® av aniausinib sCst1 match the new FOG BMP requirements so that FOG inspections can be conducted efficiently. 1.3: Database Modification for FOG Data To begin storing data immediately from the FOG inspections conducted this fiscal year, we will modify the existing Storm Water Industrial/Commercial Program inspection database. FOG inspection data from both the combined and stand-alone FOG inspections will be stored in one Microsoft Access database, which can be used to quickly export spreadsheets of facility and inspection data. Task 2 — FOG Education and Outreach - Our scope of services will include the following sub -tasks. 2.1: FOG Inventory Research and Update We will update the current inventory of FOG facilities with contact information. Some businesses from the Industrial/Commercial storm water inventory have already been marked as FOG facilities. Additionally nearly 35 non -restaurant FSEs were recently identified based on old business license records. Any new schools, hospitals, convalescent homes, churches with cafeterias, and other non -restaurant FSEs will need to be added to the inventory. We will update the City's inventory based on the most recent current business license list to obtain correct contact information (such as mailing addresses) for inspection notification and education. Facilities that may or may not have kitchens, such as churches, will be called to confirm the need to place them on the inventory. 2.2: Facility Notification and Education SWRCB Order No. 2006-0003-DWQ requires "An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG." In order to notify facilities of the City's FOG BMP requirements, a letter will be mailed to the facility owner/operator of all FSEs on the City's FOG inventory. We will prepare a cover letter describing the City's BMP requirements and rationale. We will also prepare a one -page fact sheet that defines FOG -related terms and explains the conceptual basis for the program. This mailing will also serve as notification to facilities to expect a City inspection, which is typically necessary to ensure that facility owners are able to implement and document their maintenance and training program before inspectors arrive. Task 3 — FOG Inspections - Our scope of services will include the following sub -tasks: 3.1: Inspections Types of FOG Inspections Stand -Alone Fat, Oil, and Grease (FOG) Inspections Facilities on the FOG Inventory that have not otherwise been required to be inspected for the Storm Water Program, such as schools, hospitals, and convalescent homes, require stand -along, FOG only inspections. These facilities are also typically larger and may have scheduling constraints due to safety and security issues. FOG inspections will be scheduled and conducted in accordance with all City BMP requirements set forth in the updated SSMP. FOG inspections include an evaluation of any grease control devices in use at the facility, an assessment of required Joe Smith City of National City March 5, 2012 Page 3 ws ionas -- ® 11111111111a--- r ROM ®® 14AIN i DIY ,a v • mils measures to prevent discharge of FOG, and an assessment of FOG -related training conducted at the facility. Results will be documented on the new stand-alone inspection form developed for the program. We will mail out corrective action reports to the responsible party (owner and/or operator) after inspections. Fat, Oil, and Grease (FOG) Inspections Combined with Required Storm Water Compliance Inspections Where possible, we will conduct FOG inspections in coordination with compliance inspections that are already requred as part of the Storm Water Industrial/Commercial Inspection Program. This will be the most efficient way to increase the FOG inspection program's coverage with a minimum of additional travel time and cost. Along with the standard storm water quality inspection, additional inspection of FOG related activities will be conducted at grease -producing facilities such as restaurants, grocery stores, and food manufacturers. We will use the storm water inspection form's restaurant attachment that will be modified to include FOG BMPs for the FOG portion of the inspection. We will mail out corrective action reports to the responsible party (owner and/or operator) after inspections. Number of Required Inspections The City recently submitted a questionnaire to the State Water Quality Control Board (SWRCB) that estimated 180 FOG inspections would be conducted in the 2012 calendar year. During the 2011-2012 fiscal year, we propose to conduct approximately 100 inspections before June 30, 2012. We propose 180 inspections in each of future fiscal years 2012-2013 and 2013-2014. Inspection Method To maximize efficiency, our inspectors will conduct both combined storm water and FOG inspections and storm water compliance inspections concurrently instead of completing all FOG inspections separately. This approach is more efficient because it allows neighboring businesses to be inspected on the same day even if some establishments require a FOG inspection and some do not. Also, facilities that require a FOG inspection are often very busy and thus difficult to inspect around peak lunch hours of approximately 11:00 AM to 1:30 PM. For this reason, having an inspection list with both FOG and non - FOG sites also helps improve efficiency. 3.2 — FOG Inspection Letter Report Summary letters that update the City on the progress of the inspection program will be prepared and sent to the City twice per month while inspections are being conducted. The summary letters will include lists of violations observed and recommendations. Note that sanitary sewer overflows and any other situations deemed to present immediate threats to water quality will be reported immediately to City staff via telephone call. At the conclusion of our inspections, we will prepare a short report summarizing the findings and recommendations of the FOG inspections conducted. 3.3: FOG Inventory Report We will create an Excel spreadsheet that provides the entire FOG inventory, type and size of grease control device, and the date of the most recent inspection for each site on the inventory. Joe Smith City of National City March 5, 2012 Page 4 main 1111111111111111 NMI r tea® OM NMI ®na ® AMUUV - A V 011111121wdb 11A Task 4: As -Needed Follow -Up Services - Our scope of services will include the following sub -tasks. 4.1: Follow -Up FOG Inspections Based on our experience, some facilities that generate FOG require follow-up after inspection to ensure that they do conduct appropriate maintenance or install required source control BMPs, such as drain screens. On an as -needed basis we will follow-up with up to 50 inspected facilities (50 percent of total) first by requesting submission of maintenance records then by revisiting the site, if necessary. 4.2: Enforcement Case Paperwork In the case that some facilities are unresponsive to follow-up efforts and do not make required corrections, additional enforcement measures may be required. Since this is the first year, we do not anticipate an extensive enforcement process, however if the City requests assistance with preparation of Notices of Violation or other enforcement paperwork, we are available to help with up to five cases on an as -needed basis. Task 5: As -Needed On -Call Services — It has been our experience that FOG Program related circumstances requiring an expert or immediate response occasionally arise, such as responses to regulatory agency comments, providing support to City staff with municipal code revision, assistance with data requests for regulatory or third party inquiries, and field investigation of illegal discharges or complex BMP deficiencies. D-MAx will be pleased to provide on -call services to the City of National City when requested by the City. COSTS OF SERVICES Our proposed costs to conduct the services described in the above scope of services for fiscal years 2011-2012, 2012-2013, and 2013-2014 are listed below. Fiscal Year 2011-2012 Task 1: FOG Program Development — $3,920 Task 2: FOG Education and Outreach — $3,480 Task 3: FOG Inspections (35 FOG only, 65 combined with storm water) — $12,315 Task 4: As -Needed Follow -Up Services — $7,608 (Time and Materials, Not to Exceed) Task 5: As -Needed On -Call Services — $5,500 (Time and Materials, Not to Exceed) Recommended 2011-2012 Total Budget: $32,824 Fiscal Year 2012-2013 Task 1: N/A Task 2: N/A Task 3: FOG Inspections (20 FOG only, 160 combined with storm water) — $15,305 Task 4: As -Needed Follow -Up Services — $9,348 (Time and Materials, Not to Exceed) Task 5: As -Needed On -Call Services — $5,500 (Time and Materials, Not to Exceed) Recommended 2012-2013 Total Budget: $30,153 Joe Smith City of National City March 5, 2012 Page 5 ® ®® r® UM MI lin UMW MN r alwv® av Fiscal Year 2013-2014 Task 1: N/A Task 2: N/A Task 3: FOG Inspections (20 FOG only, 160 combined with storm water) — $15,305 Task 4: As -Needed Follow -Up Services — $9,348 (Time and Materials, Not to Exceed) Task 5: As -Needed On -Call Services — $5,500 (Time and Materials, Not to Exceed) Recommended 2013-2014 Total Budget: $30,153 Task 1 through Task 3 services will be conducted as a lump sum. Task 4 and Task 5 services will be conducted on a time and materials basis in accordance with the fee schedule included with our current storm water services contract with the City. A cost estimate spreadsheet breaking down the hours for these services is attached. Please give us a call at (858) 586-6600 extension 22 if you have any questions regarding this proposal. Sincerely, D-MAx Engineering, Inc. Arsalan Dadkhah, Ph.D., P.E. Principal cc: Barby Tipton City of National City Annual Cost Breakdown for 2012-2013 and 2013-2014 FOG Inspections Principal Senior Asst. Proj. Staff Word Engineer Scientist Scientist Scientist Processor ODC Direct Total Rate $140 $120 $100 $85 $55 Task 3 - FOG Inspections 3.1 (a) Stand -Alone FOG Inspections (20) 1 6 30 3 $83 $3,518 3.1 (b) FOG Inspections Combined with Storm Water (160) 16 80 8 $667 $9,507 3.2 FOG Inspections Letter Report 1 1 16 2 $10 $1 980 3.3 FOG Inventory Report 3 $300 Task 3 Subtotal 1 2 41 110 13 $760 $15,305 Task 4 - As Needed Follow -Up Services 4.1 Follow -Up FOG Inspections (up to 65) 3 13 65 13 $208 $8,108 4.2 Enforcement Case Paperwork (up to 5) 2 10 $1,240 Task 4 Subtotal 0 5 23 65 13 $208 $9,348 Task 5 - As Needed On -Call Services (Time and Materials, Not To Exceed) $5,500 City of National City Cost Breakdown for 2011-2012 FOG Inspections Rate Principal Senior Asst. Proj. Staff Word Engineer Scientist Scientist Scientist Processor ODC Direct Total Task 1 - FOG Program Development 1.1 FOG BMP Development 2 3 12 $1,840 1.2 FOG Inspection Form Development 2 8 $1,040 1.3 Database Modification for FOG Data 2 8 $1,040 Task 1 Subtotal 2 7 28 0 0 $0 $3,920 Task 2 - FOG Education and Outreach 2.1 FOG Inventory Research and Update 2 10 4 $1,460 2.2 Facility Notification and Education 2 15 $240 $2,020 Task 2 Subtotal 2 2 25 0 4 $240 $3,480 Task 3 - FOG Inspections 3.1 (a) Stand -Alone FOG Inspections (35) 2 10.5 52.5 5 $146 $6,173 3.1 (b) FOG Inspections Combined with Storm Water (65) 6.5 32.5 3.25 $271 $3,862 3.2 FOG Inspections Letter Report 1 1 16 2 $10 $1,980 3.3 FOG Inventory Report 3 $300 Task 3 Subtotal 1 3 36 85 10.25 $427 $12,315 Task 4 - As Needed Follow -Up Services 4.1 Follow -Up FOG Inspections (up to 50) 3 10 50 10 $208 $6,368 4.2 Enforcement Case Paperwork (up to 5) 2 10 $1,240 Task 4 Subtotal 0 5 20 50 10 $208 $7,608 Task 5 - As Needed On -Call Services $140 $120 $100 $85 $55 (Time and Materials, Not To Exceed) $5,500 RESOLUTION NO. 2012 — 65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH D-MAX ENGINEERING, INC., INCREASING THE NOT TO EXCEED AMOUNT BY $93,130, FOR A TOTAL NOT TO EXCEED AMOUNT OF $843,130, AND TO EXPAND THE SCOPE OF WORK TO INCLUDE ASSISTANCE WITH IMPLEMENTATION OF THE FATS, OILS AND GREASE PROGRAM WHEREAS, on May 2, 2006, the State Water Resources Control Board ("SWRCB") adopted Order No. 2006-0003, a General Waste Discharge requirement ("WDR") for all publicly -owned sanitary systems in California with more than one mile of sewer pipe; and WHEREAS, in Section D, 13 (vii), Fats, Oils and Grease ("FOG") Control Program of SWRCB Order No. 2006-0003, the City was required to implement a program to reduce the amount of FOG discharged into the sanitary sewer system; and WHEREAS, on June 21, 2011, the City Council adopted Resolution No. 2011- 124, entering into a three-year agreement with D-Max Engineering, Inc., to provide engineering and environmental services, and to assist implementing National Pollutant Discharge Elimination System ("NPDES") Storm Water Program permit requirements for the not to exceed amount of $250,000 per fiscal year; and WHEREAS, the NPDES Storm Water Program and the FOG Program have similarities, and in some cases the requirements overlap; and WHEREAS, an amendment to the D-Max Agreement dated June 21, 2011, is desired to increase the scope of services to include providing the City assistance in implementing the FOG Program, for a total Agreement amount to $843,130, broken down by fiscal years, as follows: Fiscal Year 2011-2012 2012-2013 2013-2014 Total Amounts: Current Amount $250,000 $250,000 $250,000 Increase $32,824 $30,153 $30,153 Amended Not to Exceed Amount $282,824 $280,153 $280,153 $750,000 $93,130 $843,130 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the First Amendment to the Agreement with D-Max Engineering, Inc., to assist the City in implementing the state mandated Fats, Oils and Grease ("FOG") Program for the not to exceed amount of $93,130, bringing the total not to exceed for the Agreement to $843,130. Said First Amendment to the Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2012 — 65 Page Two PASSED and ADOPTED this 20th day of Marc k2. on Morrison, Mayor ATTEST: Michael R. Dalla, city Clerk OVED AS TO RM: Cla:dia Gacitua City Attorney Passed and adopted by the Council of the City of National City, California, on March 20, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of flational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-65 the City of National City, California, passed and adopted by the Council of said City on March 20, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 7 fEM TITLE: Resolution of the City Council of the City of National City approving the First Amendment to the Agreement between the City of National City and D-Max Engineering, Inc., in the amount of $32,824 for Fiscal Year 2011- 2012 and $30,153 per fiscal year 2012-2013 and 2013-2014, to provide assistance with implementation of the State Mandated Fats, Oils and Grease (FOG) Program. (Funded by Sewer Fund.) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: 44,2 FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Allocate $32,824 to account 125-406-029-299-0000 from available funds in the un-appropriated Sewer Fund balance for Fiscal Year 2011-2012. Fiscal Year 2012-2013 and 2013-2014 will be budgeted appropriately ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. First Amendment — D-Max Engineering Inc. 3. Resolution Explanation: Municipal sanitary sewer collection and conveyance systems are an extensive, valuable, and complex part of the City's infrastructure. Collection systems consist of pipelines, conduits, pumping stations, force mains, and all other facilities used to collect wastewater from individual residential, industrial, and commercial sources and convey it to facilities that provide treatment before discharge to the environment. Often, the sanitary sewer system is blocked by Fats, Oils, and Greases, causing sewer overflows. On May 2, 2006 the State Water Resources control Board (SWRCB) adopted Order No. 2006-0003, a General Waste Discharge requirement (WDR) for all publicly owned sanitary sewer collection systems in California with more than one (1) mile of sewer pipe. The Order allowed each regional board to issue more stringent or more prescriptive WDRs for sanitary sewer systems. Region 9, the San Diego region, adopted Order R9- 2007-0005 on February 14, 2007 that contained additional provisions that all sewer collection agencies with Region 9 adhere to, specifically relating to private lateral sewage discharges reporting. In Section D, 13 (vii) Fats, Oils and Grease (FOG) Control Program of SWRCB Order No. 2006-0003, the City was required to implement a program to help reduce the amount of FOG discharged to the sanitary sewer system. The City prepared the program in April of 2009, which addresses the mandatory SSMP provisions: (1) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area, and a list of acceptable disposal facilities. (2) Legal authority to prohibit discharges to the system and identify measures to prevent SSO's and blockages caused by FOG. (3) Requirements to install grease removal devices, design standards for the removal devices, maintenance requirements, B1\IP requirements, record keeping and reporting requirements. (4) Authority to inspect grease producing facilities, enforcement authorities, and sufficient staff to inspect and enforce the FOG ordinance. (5) Identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section. (6) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified. (7) Implementation of a plan and schedule for a public education outreach program that promotes proper disposal of FOG. D-Max Engineering, Inc. provides the City with assistance in implementing the National Pollutant Discharge Elimination System (NPDES) Storm Water Program. The Storm Water Program and the FOG Program have similarities and in some cases the requirements overlap. Staff recommends approval of an amendment to the contract with D-Max Engineering, Inc., to assist with implementing the FOG Program as outlined on the attached proposal. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH D-MAX ENGINEERING, INC., INCREASING THE NOT TO EXCEED AMOUNT BY $93,130, FOR A TOTAL NOT TO EXCEED AMOUNT OF $843,130, AND TO EXPAND THE SCOPE OF WORK TO INCLUDE ASSISTANCE WITH IMPLEMENTATION OF THE FATS, OILS AND GREASE PROGRAM WHEREAS, on May 2, 2006, the State Water Resources Control Board ("SWRCB") adopted Order No. 2006-0003, a General Waste Discharge requirement ("WDR") for all publicly -owned sanitary systems in California with more than one mile of sewer pipe; and WHEREAS, in Section D, 13 (vii), Fats, Oils and Grease ("FOG") Control Program of SWRCB Order No. 2006-0003, the City was required to implement a program to reduce the amount of FOG discharged into the sanitary sewer system; and WHEREAS, on June 21, 2011, the City Council adopted Resolution No. 2011- 124, entering into a three-year agreement with D-Max Engineering, Inc., to provide engineering and environmental services, and to assist implementing National Pollutant Discharge Elimination System ("NPDES") Storm Water Program permit requirements for the not to exceed amount of $250,000 per fiscal year; and WHEREAS, the NPDES Storm Water Program and the FOG Program have similarities, and in some cases the requirements overlap; and WHEREAS, an amendment to the D-Max Agreement dated June 21, 2011, is desired to increase the scope of services to include providing the City assistance in implementing the FOG Program, for a total Agreement amount to $843,130, broken down by fiscal years, as follows: Fiscal Year 2011-2012 2012-2013 2013-2014 Total Amounts: Current Amount $250,000 $250, 000 $250,000 Increase $32,824 $30,153 $30,153 Amended Not to Exceed Amount $282,824 $280,153 $280,153 $750,000 $93,130 $843,130 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the First Amendment to the Agreement with D-Max Engineering, Inc., to assist the City in implementing the state mandated Fats, Oils and Grease ("FOG") Program for the not to exceed amount of $93,130, bringing the total not to exceed for the Agreement to $843,130. Said First Amendment to the Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 20th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. This First Amendment to the Agreement, is entered into this 20th day of March, 2012, by and between the City of National City, a municipal corporation (the "CITY"), and D-Max Engineering, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an Agreement by and between the City of National City and D-Max Engineering, Inc., on June 21, 2011, (the "Agreement") through the adoption of City of National City Council Resolution No. 2011-124, wherein the CONSULTANT agreed to provide engineering, environmental services and assistance with implementation of the National Pollutant Discharge Elimination System ("NPDES") per requirements; and WHEREAS, the Agreement is for three consecutive fiscal years beginning in Fiscal Year 2012, with a not -to -exceed amount $250,000 per fiscal year; and WHEREAS, the City desires to increase the scope of services by the CONSULTANT to provide assistance with implementation of the Fats, Oils and Grease ("FOG") Program as outlined in the attached Exhibit "A", for the additional not to exceed amount of $93,130 over the remaining term of the Agreement, bringing the total not to exceed amount to $843,130. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on June 21, 2011, shall be amended as follows: 1. Section 2 "Scope of Services": Section 2 shall also include assistance with implementation of the Fats, Oils and Grease (FOG) program as outlined in attached Exhibit "A". 2. Section 4 "Compensation and Payment": Section 4 Is amended by increasing the not to exceed amount by $93,130, broken down by fiscal years, as follows: Fiscal Year 2011-2012 2012-2013 2013-2014 Total Amounts: Current Amount $250,000 $250,000 $250,000 $750,000 Increase $32,824 $30,153 $30,153 $93,130 Amended Not to Exceed Amount $282,824 $280,153 $280,153 $843,130 The parties further agree that each and every term and provision of the Agreement dated June 21, 2012, except as amended herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, INC. By: By: C �/2{Lri 'do. Ron Morrison, Mayor Arsalan Dadkhah President By: APPROVED AS TO FORM: Secretary Claudia Gacitua Silva City Attorney - 2 - City of National City/D-Max Engineering, Inc. First Amendment to Agreement (FOG Program) 2 EEXHIBIT "A" D-MAx Engineering, Inc. Consultants in Water & Environmental Sciences February 17, 2012 Revised March 5, 2012 Project No. 201205W Joe Smith Director Public Works Department City of National City 2100 Hoover Avenue National City, CA 91950 11110 ■.®_ ,r1111M_s NMI .. /ao'MIIfIII Ass Was ""*' 4111111171.111. Re: Proposal for Fat, Oil & Grease (FOG) Program Development and Inspections Dear Joe: D-MAX Engineering, Inc. (D-MAx) is pleased to submit this proposal to conduct FOG Program compliance inspections of industrial and commercial facilities within the City of National City (City). Work will be conducted in accordance with the City's Sanitary Sewer Management Plan (SSMP) and the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (SWRCB Order No. 2006-0003-DWQ). Based on our experience with FOG programs in other jurisdictions and our current work in the City of National City, we will be able to provide cost-effective assistance with the development and implementation of the City's FOG Program. SCOPE OF SERVICES Task 1 — FOG Program Development - Our scope of services will include the following sub - tasks. 1.1: Development of FOG Best Management Practice (BMP) Requirements We will update the City's SSMP to include FOG BMPs for Food Service Establishments (FSEs). We will develop a list of required FOG BMPs, including the following. • Source control BMPs, such as installing drain screens and training employees. These BMPs are necessary since SWRCB Order No. 2006-0003-DWQ requires "Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system...." • Numeric standards for total accumulation of grease and solids in grease control devices, which create a clearer basis for compliance and enforcement. • Record -keeping requirements, most commonly for grease control device maintenance, employee training, private sewer lateral cleaning, and hood exhaust cleaning. It is our understanding that these BMPs require legal backing from the City's Municipal Code, and that City staff will be able to obtain input from the City Attorney. 1.2: Development of a FOG Inspection Form We will create FOG inspection forms for the City. For stand-alone FOG inspections, a short form will be developed to log the appropriate facility and FOG BMP information. We will also adapt the existing Storm Water Industrial/Commercial restaurant attachment to 7220 Trade Street ■ Suite 119 • San Diego, CA 92121 • (858) 586-6600 • Fax (858) 586-6644 Joe Smith City of National City March 5, 2012 Page 2 4111110111m,efirs IOW ® meson s® 11114 NW WMA V 91811b MAIL match the new FOG BMP requirements so that FOG inspections can be conducted efficiently. 1.3: Database Modification for FOG Data To begin storing data immediately from the FOG inspections conducted this fiscal year, we will modify the existing Storm Water Industrial/Commercial Program inspection database. FOG inspection data from both the combined and stand-alone FOG inspections will be stored in one Microsoft Access database, which can be used to quickly export spreadsheets of facility and inspection data. Task 2 — FOG Education and Outreach - Our scope of services will include the following sub -tasks. 2.1: FOG Inventory Research and Update We will update the current inventory of FOG facilities with contact information. Some businesses from the Industrial/Commercial storm water inventory have already been marked as FOG facilities. Additionally nearly 35 non -restaurant FSEs were recently identified based on old business license records. Any new schools, hospitals, convalescent homes, churches with cafeterias, and other non -restaurant FSEs will need to be added to the inventory. We will update the City's inventory based on the most recent current business license list to obtain correct contact information (such as mailing addresses) for inspection notification and education. Facilities that may or may not have kitchens, such as churches, will be called to confirm the need to place them on the inventory. 2.2: Facility Notification and Education SWRCB Order No. 2006-0003-DWQ requires "An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG." In order to notify facilities of the City's FOG BMP requirements, a letter will be mailed to the facility owner/operator of all FSEs on the City's FOG inventory. We will prepare a cover letter describing the City's BMP requirements and rationale. We will also prepare a one -page fact sheet that defines FOG -related terms and explains the conceptual basis for the program. This mailing will also serve as notification to facilities to expect a City inspection, which is typically necessary to ensure that facility owners are able to implement and document their maintenance and training program before inspectors arrive. Task 3 — FOG Inspections - Our scope of services will include the following sub -tasks. 3.1: Inspections Types of FOG Inspections Stand -Alone Fat, Oil, and Grease (FOG) Inspections Facilities on the FOG Inventory that have not otherwise been required to be inspected for the Storm Water Program, such as schools, hospitals, and convalescent homes, require stand -along, FOG only inspections. These facilities are also typically larger and may have scheduling constraints due to safety and security issues. FOG inspections will be scheduled and conducted in accordance with all City BMP requirements set forth in the updated SSMP. FOG inspections include an evaluation of any grease control devices in use at the facility, an assessment of required Joe Smith City of National City March 5, 2012 Page 3 e® -- a ® r ® --ws ems® ® w MI A V AmiserAb asibriLim measures to prevent discharge of FOG, and an assessment of FOG -related training conducted at the facility. Results will be documented on the new stand-alone inspection form developed for the program. We will mail out corrective action reports to the responsible party (owner and/or operator) after inspections. Fat, Oil, and Grease (FOG) Inspections Combined with Required Storm Water Compliance Inspections Where possible, we will conduct FOG inspections in coordination with compliance inspections that are already requred as part of the Storm Water Industrial/Commercial Inspection Program. This will be the most efficient way to increase the FOG inspection program's coverage with a minimum of additional travel time and cost. Along with the standard storm water quality inspection, additional inspection of FOG related activities will be conducted at grease -producing facilities such as restaurants, grocery stores, and food manufacturers. We will use the storm water inspection form's restaurant attachment that will be modified to include FOG BMPs for the FOG portion of the inspection, We will mail out corrective action reports to the responsible party (owner and/or operator) after inspections. Number of Required Inspections The City recently submitted a questionnaire to the State Water Quality Control Board (SWRCB) that estimated 180 FOG inspections would be conducted in the 2012 calendar year. During the 2011-2012 fiscal year, we propose to conduct approximately 100 inspections before June 30, 2012. We propose 180 inspections in each of future fiscal years 2012-2013 and 2013-2014. . Inspection Method To maximize efficiency, our inspectors will conduct both combined storm water and FOG inspections and storm water compliance inspections concurrently instead of completing all FOG inspections separately. This approach is more efficient because it allows neighboring businesses to be inspected on the same day even if some establishments require a FOG inspection and some do not. Also, facilities that require a FOG inspection are often very busy and thus difficult to inspect around peak lunch hours of approximately 11:00 AM to 1:30 PM. For this reason, having an inspection list with both FOG and non - FOG sites also helps improve efficiency. 3.2 — FOG Inspection Letter Report Summary letters that update the City on the progress of the inspection program will be prepared and sent to the City twice per month while inspections are being conducted. The summary letters will include lists of violations observed and recommendations. Note that sanitary sewer overflows and any other situations deemed to present immediate threats to water quality will be reported immediately to City staff via telephone call. At the conclusion of our inspections, we will prepare a short report summarizing the findings and recommendations of the FOG inspections conducted. 3.3: FOG Inventory Report We will create an Excel spreadsheet that provides the entire FOG inventory, type and size of grease control device, and the date of the most recent inspection for each site on the inventory. 5 Joe Smith City of National City March 5, 2012 Page 4 15911 ®ram NM SWIM VOW MIMI ign IMO mmuswei — ABS Ill Ali Task 4: As -Needed Follow -Up Services - Our scope of services will include the following sub -tasks. 4.1: Follow -Up FOG Inspections Based on our experience, some facilities that generate FOG require follow-up after inspection to ensure that they do conduct appropriate maintenance or install required source control BMPs, such as drain screens. On an as -needed basis we will follow-up with up to 50 inspected facilities (50 percent of total) first by requesting submission of maintenance records then by revisiting the site, if necessary. 4.2: Enforcement Case Paperwork In the case that some facilities are unresponsive to follow-up efforts and do not make required corrections, additional enforcement measures may be required. Since this is the first year, we do not anticipate an extensive enforcement process, however if the City requests assistance with preparation of Notices of Violation or other enforcement paperwork, we are available to help with up to five cases on an as -needed basis. Task 5: As -Needed On -Call Services — It has been our experience that FOG Program related circumstances requiring an expert or immediate response occasionally arise, such as responses to regulatory agency comments, providing support to City staff with municipal code revision, assistance with data requests for regulatory or third party inquiries, and field investigation of illegal discharges or complex BMP deficiencies. D-MAx will be pleased to provide on -call services to the City of National City when requested by the City. COSTS OF SERVICES Our proposed costs to conduct the services described in the above scope of services for fiscal years 2011-2012, 2012-2013, and 2013-2014 are listed below. Fiscal Year 2011-2012 Task 1: FOG Program Development — $3,920 Task 2: FOG Education and Outreach — $3,480 Task 3: FOG Inspections (35 FOG only, 65 combined with storm water) — $12,315 Task 4: As -Needed Follow -Up Services — $7,608 (Time and Materials, Not to Exceed) Task 5: As -Needed On -Call Services — $5,500 (Time and Materials, Not to Exceed) Recommended 2011-2012 Total Budget: $32,824 Fiscal Year 2012-2013 Task 1: N/A Task 2: N/A Task 3: FOG Inspections (20 FOG only, 160 combined with storm water) — $15,305 Task 4: As -Needed Follow -Up Services — $9,348 (Time and Materials, Not to Exceed) Task 5: As -Needed On -Call Services — $5,500 (Time and Materials, Not to Exceed) Recommended 2012-2013 Total Budget: $30,153 Joe Smith City of National City March 5, 2012 Page 5 111111111111110.•=1 sow ® s.s ® —®err ® WEN ®® AMIE VW ® A AT MAAAPP"AA OYSLa Fiscal Year 2013-2014 Task 1: N/A Task 2: N/A Task 3: FOG Inspections (20 FOG only, 160 combined with storm water) — $15,305 Task 4: As -Needed Follow -Up Services — $9,348 (Time and Materials, Not to Exceed) Task 5: As -Needed On -Call Services — $5,500 (Time and Materials, Not to Exceed) Recommended 2013-2014 Total Budget: $30,153 Task 1 through Task 3 services will be conducted as a lump sum. Task 4 and Task 5 services will be conducted on a time and materials basis in accordance with the fee schedule included with our current storm water services contract with the City. A cost estimate spreadsheet breaking down the hours for these services is attached. Please give us a call at (858) 586-6600 extension 22 if you have any questions regarding this proposal. Sincerely, D-Max Engineering, Inc. Arsalan Dadkhah, Ph.D., P.E. Principal cc: Barby Tipton City of National City Annual Cost Breakdown for 2012-2013 and 2013-2014 FOG Inspections Principal Senior Asst. Proj. Staff Word Engineer Scientist Scientist Scientist Processor ODC Direct Total Rate $140 $120 $100 $85 $55 Task 3 - FOG Inspections 3.1 (a) Stand -Alone FOG Inspections (20) 1 6 30 3 $83 $3,518 3.1 (b) FOG Inspections Combined with Storm Water (160) 16 80 8 $667 $9,507 3.2 FOG Inspections Letter Report 1 1 16 2 $10 $1,980 3.3 FOG Inventory Report 3 $300 Task 3 Subtotal 1 2 41 110 13 $760 $15,305 Task 4 - As Needed Follow -Up Services 4.1 Follow -Up FOG Inspections (up to 65) 3 13 65 13 $208 $8,108 4.2 Enforcement Case Paperwork (up to 5) 2 10 $1,240 Task 4 Subtotal 0 5 23 65 13 $208 $9,348 Task 5 - As Needed On -Call Services (Time and Materials, Not To Exceed) $5,500 City of National City Cost Breakdown for 2011-2012 FOG Inspections Rate Principal Senior Asst. Proj. Staff Word Engineer Scientist Scientist Scientist Processor ODC Direct Total Task 1 - FOG Program Development 1.1 FOG BMP Development 2 3 12 $1,840 1.2 FOG Inspection Form Development 2 8 $1,040 1.3 Database Modification for FOG Data 2 8 $1,040 Task 1 Subtotal 2 7 28 0 0 $0 $3,920 Task 2 - FOG Education and Outreach 2.1 FOG Inventory Research and Update 2 10 4 $1,460 2.2 Facility Notification and Education 2 15 $240 $2,020 Task 2 Subtotal 2 2 25 0 4 $240 $3,480 Task 3 - FOG Inspections 3.1 (a) Stand -Alone FOG Inspections (35) 2 10.5 52.5 5 $146 $6,173 3.1 (b) FOG Inspections Combined with Storm Water (65) 6.5 32.5 3.25 $271 $3,862 3.2 FOG Inspections Letter Report 1 1 16 2 $10 $1,980 3.3 FOG Inventory Report 3 $300 Task 3 Subtotal 1 3 36 85 10.25 $427 $12,315 Task 4 - As Needed Follow -Up Services 4.1 Follow -Up FOG Inspections (up to 50) 3 10 50 10 $208 $6,368 4.2 Enforcement Case Paperwork (up to 5) 2 10 $1.240 Task 4 Subtotal 0 5 20 50 10 $208 $7,608 Task 5 - As Needed On -Call Services $140 $120 $100 $85 $55 (Time and Materials, Not To Exceed) $5,500 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax March 22, 2012 Mr. Arsalan Dadkhah D-Max Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 Dear Mr. Dadkhah, On March 20`h, 2012, Resolution No. 2012-65 was passed and adopted by the City Council of the City of National City, authorizing execution of First Amendment to an Agreement with D-Max Engineering, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.