Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)
AGENDA
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
June 13, 2023
Regular Meeting - 8:30 to 10:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 851 1705 3017
3. Passcode: 885094
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING 1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE June 13, 2023 - Page 2
a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the May 23, 2023 regular meeting as presented.
Contact: Rose Chaparro, (805) 385-7805
D. REPORTS
1. Public Works Department
SUBJECT: First Amendment to Professional Services Agreement A-8415 with AECOM Technical Services, Inc. for On-Call Utility Engineering Services. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with AECOM Technical Services, Inc. (AECOM) to increase the not to exceed amount from $500,000 to $1,500,000 and extend the term to February 28, 2026 for On-Call Utility Engineering Services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Kc6hqSgUwZ4
Contact: Michael Wolfe, (805) 385-8055
2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE June 13, 2023 - Page 3
2. Public Works Department
SUBJECT: First Amendment to Agreement 9721-22-FN with Salado Enterprises for the Citywide Vehicle Mobile Washing and Detailing Services. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to Agreement with Salado Enterprises in the amount of $175,000 for a new total not to exceed $375,000 for an additional period of 12 months for the Citywide Vehicle Mobile Washing and Detailing Services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/n2vlxnWmTVU
Contact: Michael Wolfe, (805) 385-8055
3. Public Works Department
SUBJECT: Purchase Order with Safety Network Traffic Signs, Inc. for Finished Street Signs. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Purchasing Manager to execute a Purchase Order with Safety Network Traffic Signs, Inc. for finished street signs in the amount not to exceed $750,000 for a five-year term ending on June 30, 2028.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/3Y_eQgIMy3w
Contact: Michael Wolfe, (805) 385-8055
4. Public Works Department
SUBJECT: Trade Services Agreement 32400008 with Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs) for Ocean Monitoring Services. (10 minutes)
RECOMMENDATION: That the Public Works and Transportation Committee recommend the City Council approve and authorize the Mayor to execute an agreement with Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs) for an amount not to exceed $1,850,000 for a five-year term ending December 31, 2028 for ocean outfall monitoring services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/kCNMXVfQV58
Contact: Michael Wolfe, (805) 385-8055
E. ITEMS FOR FUTURE AGENDAS
F. ADJOURNMENT
3 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
CONSENT AGENDA
AGENDA ITEM NO. C.1
DATE: June 13, 2023
TO: Public Works and Transportation Committee
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the Public Works & Transportation Committee approve the minutes of the May 23, 2023 regular meeting as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item.
FINANCIAL IMPACT
There is no financial impact.
Prepared by: Rose Chaparro, City Clerk
ATTACHMENTS
1. MINUTES 05 23 2023 Public Works & Transportation
4 MINUTES
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
May 23, 2023
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 8:31 p.m., Chair Bert E. Perello called to order the regular meeting of the Oxnard City Council Public Works & Transportation Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Chair Bert Perello, Member Arthur Valenzuela, and Member John C. Zaragoza were present in person.
Staff members present in person were Alexander Nguyen, City Manager; Michelle (Elle) McCarron, Assistant City Attorney; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Joseph Marcinko, Assistant Public Works Director; Omar Castro, Water Division Manager; Jose Arreola, Fleet Services Manager; Ignacio Carrillo, Chief of Collections; Dee Lai, Assistant City Clerk and Rose Chaparro, City Clerk.
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Douglas Partello (Proctor & Gamble water rates).
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the May 9, 2023 regular meeting as presented.
It was moved by Member Valenzuela , seconded by Member Zaragoza , to approve the meeting minutes as presented. VOTE: Perello and Zaragoza voted in favor, the motion carried 2-0-1. Member Valenzuela abstained.
D. REPORTS
1. Public Works Department
SUBJECT: Fourth Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short Term Rental of Refuse Collection Vehicles for the Environmental Resources Division.
RECOMMENDATION: That the Public Works and Transportation Committee 5 MAY 23, 2023 OXNARD CITY COUNCIL PAGE 2
PUBLIC WORKS & TRANSPORTATION COMMITTEE
recommend that the City Council approve and authorize the Mayor to execute a Fourth Amendment to a Rental Agreement with Big Truck Rental, LLC in the amount of $1,294,235 for a new total not to exceed $4,463,035 for an additional period of 12 months for the rental of refuse collection vehicles.
Brian Yanez, Assistant Public Works Director presented and answered t he Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.
It was moved by Chair Perello , seconded by Member Valenzuela , to approve the recommended action as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor; the motion carried 3-0.
2. Public Works Department
SUBJECT: First Amendment to Agreement A-8368 with Toter, LLC for the Purchase of Residential Curbside Collection Containers and Parts.
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to Agreement No. A-8368 with Toter, LLC in the amount of $775,000 for a new total not to exceed $1,525,000 for an additional two-year term ending May 28, 2025, for the replenishment of curbside containers and parts Brian Yanez, Assistant Public Works Director introduced Ignacio Carrillo, Chief of Collections who presented and answered the Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.
It was moved by Member Zaragoza, seconded by Member Valenzuela , to approve the recommended action as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor; the motion carried 3-0.
3. Public Works Department
SUBJECT: Professional Services Agreement 32400003 with Northern Digital, Inc. (NDI) for Supervisory Control and Data Acquisition Systems (SCADA) Support Services.
RECOMMENDATION: That the Public Works and Transportation Committee recommend the City Council approve and authorize the Mayor to execute an agreement with Northern Digital, Inc. (NDI) for an amount not to exceed $1,000,000 for a three year term for supervisory control and data acquisition (SCADA) support services for the water, wastewater, and recycled water systems.
Joseph Marcinko, Assistant Public Works Director presented and answered the Committee’s questions. No public comments were received. Discussion ensued among the Committ ee and staff.
6 MAY 23, 2023 OXNARD CITY COUNCIL PAGE 3
PUBLIC WORKS & TRANSPORTATION COMMITTEE
It was moved by Member Zaragoza , seconded by Member Valenzuela, to approve the recommended action as presented. VOTE: Perello, Valenzuela, and Zaragoza voted in favor; the motion carried 3-0.
E. ITEMS FOR FUTURE AGENDAS (No requests were made.)
F. ADJOURNMENT
There being no further business on the agenda, and without objection, Chair Perello adjourned the meeting at 9:05 p.m.
ROSE CHAPARRO BERT E. PERELLO
City Clerk Chair
7 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.1
DATE: June 13, 2023
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: First Amendment to Professional Services Agreement A-8415 with AECOM Technical Services, Inc. for On-Call Utility Engineering Services. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with AECOM Technical Services, Inc. (AECOM) to increase the not to exceed amount from $500,000 to $1,500,000 and extend the term to February 28, 2026 for On-Call Utility Engineering Services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Kc6hqSgUwZ4
BACKGROUND
On June 30, 2021, the Public Works Department sent out a Request For Qualifications (RFQ) for Multi-Year On-Call Professional Engineering Services. The RFQ solicited proposals for various professional on-call engineering services that included: Roadway & Structures Engineering, Traffic Engineering, Utility Engineering, Environmental Services, Real Property Services, Surveying, Geotechnical Engineering, Material & Laboratory Testing, Drainage, Hydrology, & Hydraulic Engineering, Landscape Architecture & Park Design, Architectural & Engineering Design, Labor Compliance, and Development Plan Check. These services are required due to the specialized nature of various projects as well as the need to complete the projects within the Capital Improvement Program (CIP) in a timely manner.
AECOM is a multinational engineering consulting firm that specializes in a wide range of services. AECOM has provided professional services for a number of projects including construction phase services for the Hueneme Phase 2 Pipeline, structural and seismic assessments, construction phase services for the OWTP Reliability Project, electrical panel and variable frequency drive design at multiple locations.
DISCUSSION
On March 1, 2022, the City of Oxnard issued professional services agreement A-8415 to AECOM for On-Call Utility Engineering Services. Through this contract the City has received technical expertise and engineering services for various projects including:
• Replacement of recycled water variable frequency drives • Upgrade of the dissolved air flotation system at the Wastewater Treatment Plant 8 • Upgrade of the effluent pump station at the Wastewater Treatment Plant • Design for a clean natural gas facility for the Del Norte Facility
Due to the wide range of services AECOM provides, Agreement A-8415 is now fully encumbered and requires additional funding to maintain progress on a number of projects, including:
• Del Norte Regional Transfer Station and Recycling Center CNG Facility • Carnegie Art Museum Seismic Evaluation
• Oxnard Performing Arts Center Seismic Evaluation
AECOM has a substantial track record of delivering quality work, particularly in electrical and structural engineering. In some cases AECOM staff have been working with the City of Oxnard for nearly 40 years, bringing historical background and understanding of projects and facilities. Finally, AECOM is responsive to emergency situations, providing solutions for structural and wastewater treatment issues experienced during construction.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for the Amendment to Agreement A-8415 with AECOM Technical Services, Inc., shall not exceed $1,000,000 for a total new agreement value of $1,500,000 through February 28, 2026. Funding for FY 2023-24 is included in the current annual budget proposal across a number of funds and subsequent fiscal years will be requested in the annual budget process.
Estimated Spending Plan
Department FY 23-24 FY 24-25 FY 25-26 TOTAL
Public Works
Various Divisions $500,000 $250,000 $250,000 $1,000,000
Prepared by: Timothy Beaman, Supervising Civil Engineer
ATTACHMENTS
1. A-8415 Amendment
2. A-8415 Fully Executed
3. Presentation
9 F
IRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) Agreement No. A-8415
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment (“First Amendment”) to the Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 5th day of July, 2023, by and between the City of Oxnard, a municipal corporation (“City”), and AECOM Technical Services, Inc. (“Consultant”). This First Amendment amends the Agreement entered into on March 1, 2022, by City and Consultant.
City and Consultant agree as follows:
1. I
n Section 5 of the Cover Page of the Agreement, the date is hereby amended to state:
“ February 28, 2026.”
2. I
n Section 6 of the Cover Page of the Agreement, the total agreement amount is hereby amended to state: “ $1,500,000.”
3. I
n the Terms and Conditions section of the Agreement, term 38 is incorporated into the Agreement and shall read as follows:
“38. Iran Contracting Act. In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with this Agreement and must be signed and dated under penalty of perjury.
4. T
he following is attached hereto and incorporated herein by this reference into the Agreement: Iran Contracting Act Certification Exhibit.
5. T
he reference to the Cost and Rates Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to the Cost and Rates Exhibit May 2023. The Cost and Rates Exhibit is hereby disincorporated; instead, the Cost and Rates Exhibit May 2023 Exhibit is attached hereto and incorporated herein by this reference.
6. A
s so amended, the Agreement remains in full force and effect. [
Signatures on next page]
10 Agreement No. A-8415
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19))
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD AECOM TECHNICAL SERVICES, INC.
☐John C. Zaragoza, Mayor1 Date Bryan Paine, Vice President Date ☐Jennifer Yates, Purchasing Agent 2
Bryan Rash, Asst. Secretary 3 Date
ATTEST:
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower -level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 11 IRA
N CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pur
suant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.
To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.
OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.
Company Name/Financial Institution (printed): Fe
deral ID Number (or n/a):
By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.
Company Name/Financial Institution (printed): Fe
deral ID Number (or n/a):
By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________ 12 Engineers, Planners, Architects, Scientists:
Technician 98.00$
Engineer I/ Specialist I 120.00$
Engineer II/ Specialist II 140.00$
Engineer III/ Specialist III 155.00$
Engineer IV 165.00$
Engineer V 185.00$
Engineer VI 205.00$
Engineer VII 220.00$
Engineer VIII 235.00$
Project Manager I/ Senior Engineer I 240.00$
Project Manager II/ Senior Engineer II 260.00$
Project Manager III/ Senior Engineer III 275.00$
Project Manager IV/ Senior Engineer IV 295.00$
Construction Administration Personnel:
Resident Project Representative 160.00$
Senior Resident Project Representative 190.00$
Resident Engineer 230.00$
Construction Services Manager 290.00$
Technical Support Staff:
Clerical/ General Office 98.00$
Administrative Specialist 120.00$
Drafter/ CADD Technician 105.00$
Assistant CADD Operator 130.00$
Designer/ CADD Operator 145.00$
Senior Designer/ Design CADD Operator 170.00$
Design/ CADD Supervisor 190.00$
Direct Project Expenses
Subcontracted or Subconsultant Services / Reproduction Cost + 5% Fee schedule is subject to change annually, upon mutual agreement. Rates for additional classifications not identified above will be submitted to the client for approval prior to any annual change in fee schedule.
2023 AECOM FEES (Eff 10-1-22).docx
AECOM
2023 RATE SCHEDULE FOR PROFESSIONAL SERVICES
Effective October 1, 2022
Cost and Rates Exhibit May 2023
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
Public Works and Transportation Committee
June 13, 2023
City Council
June 29, 2023
Tim Beaman
Supervising Civil Engineer
First Amendment to Professional Services
Agreement A-8415 with AECOM T echnical
Services, Inc. for On-Call Utility Engineering
Services
33 2
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with AECOM T echnical Services, Inc. (AECOM) to increase the not to exceed amount from $500,000 to $1,500,000 and extend the term to February 28, 2026 for On-Call Utility Engineering Services.
34 June 30, 2021: Public Works Department sent out a Request For Qualifications (RFQ) for Multi-Year On-Call Professional Engineering Services which included:
3 BACKGROUND
• Roadway & Structures
• Traffic
• Labor Compliance
• Environmental Services
• Real Property Services
• Survey
• Geotechnical
• Materials T esting
• Water & Wastewater
• Stormwater
• Architecture
• Landscape Architecture
• Development & Plan Check
35 • AECOM has provided professional
services for a number of projects
including construction phase
services for the Hueneme Phase 2
Pipeline, structural and seismic
assessments, construction phase
services for the OWTP Reliability
Project, electrical panel and variable
frequency drive design at multiple
locations.
4 BACKGROUND
36 • AECOM is a multinational
engineering consulting firm
that specializes in a wide
range of services
• Future AECOM projects
include:
• Del Norte Regional Transfer
Station and Recycling Center
CNG Facility
• Carnegie Art Museum Seismic
Evaluation
• Oxnard Performing Arts
Center Seismic Evaluation
DISCUSSION
5 37
• T otal cost for the Amendment to Agreement A-8415 with AECOM T echnical Services, Inc., shall not exceed $1,000,000 for a total new agreement value of $1,500,000 through February 28, 2026
• Costs will be funded using budgeted appropriations from the various divisions within the Public Works Department, primarily tied to Council approved and budgeted Capital Improvement Projects
• Funding for subsequent fiscal years will be requested in the two-year Capital Improvement Program budget process.
6 FINANCIAL IMPACT
38 Questions?
39 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.2
DATE: June 13, 2023
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: First Amendment to Agreement 9721-22-FN with Salado Enterprises for the Citywide Vehicle Mobile Washing and Detailing Services. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to Agreement with Salado Enterprises in the amount of $175,000 for a new total not to exceed $375,000 for an additional period of 12 months for the Citywide Vehicle Mobile Washing and Detailing Services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/n2vlxnWmTVU
BACKGROUND
Vehicle and commercial vehicle washing is an important element for a safe, clean, and sanitary work environment. Vehicles are washed to reduce potential safety hazards to operators and their equipment. Regular washing also reduces the build-up of rust and corrosion, thus lowering vehicle maintenance costs. A consistently clean fleet provides a safe and clean working environment.
The majority of this agreement relates to the washing of Environmental Resources (ER) refuse collection vehicles. Due to the nature of ER operations, vehicles are subject to pollutants such as exhaust emissions, engine fluids, refuse, dust, and other debris. This requires frequent washing of the trucks that operate daily on City streets. The City does not own a facility to accommodate washing vehicles and refuse collection vehicles on a regular basis.
September 12, 2022, after a formal solicitation, the City Manager approved Agreement 9721-22-FN with Salado Enterprises in the amount of $200,000. The agreement for the Citywide Vehicle Mobile Washing and Detailing services expires on August 14, 2023.
DISCUSSION
Staff is recommending this first amendment instead of advertising a new formal solicitation due to the small number of responses in September 2022 and Salado has been successfully meeting the requirements of the agreement. Salado Enterprises is responsible for acquiring, operating and maintaining all equipment and permits providing mobile washing and cleaning of passenger vehicles and pickup trucks, special-use vehicles, and heavy-duty refuse collection vehicles. Services also include power washing of City-owned trash 40 enclosures, bins and carts upon request.
Salado Enterprises complies with City Ordinance No. 2806, concerning the reduction of pollutants in stormwater discharges associated with mobile car washing activities. Salado Enterprises meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
The cost of this First Amendment to Agreement No. 9721-22-FN with Salado Enterprises shall not exceed $175,000 for a total new agreement value of $375,000. The majority of the funding is included in the proposed FY2023-24 Environmental Waste Operating Fund with subsequent fiscal years to be requested in the annual budget process, as shown in the table below.
Estimated Spending Plan
Division Account FY 2023-24
(10 months)
FY 2024-25
(2 months)
Total
ER 6313630-55030 $130,000 $25,000 $155,000
Citywide Various Departments $10,000 $10,000 $20,000 TOTAL $140,000 $35,000 $175,000
Prepared by: Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. 1st Amendment to 9721-22-FN
2. Agreement 9721-22-FN
3. Presentation
41 Agreement No. 9721-22-FN
FIRSTAMENDMENTTOTRADESERVICESAGREEMENT
ThisFirstAmendment(“FirstAmendment”)tothetradeservicesagreement(“Agreement”)ismadeandenteredintointheCountyofVentura,StateofCalifornia,this5thdayofJuly, 2023,byandbetweentheCityofOxnard,amunicipalcorporation(“City”),andSaladoEnterprises(“Vendor”).ThisFirstAmendmentamendstheAgreemententeredintoonSeptember12,2022byCityandvendor.
CityandSaladoEnterprisesagreeasfollows:
1. Thedate“August14,2023”insection(5)oftheCoverPageoftheAgreementisherebyamendedtostate:“August30,2024”
2. Thetotalagreementamount“$200,000”insection(6)oftheCoverPageoftheAgreementisherebyamendedtostate:“NottoExceed$375,000”
3. Assoamended,theAgreementremainsinfullforceandeffect. [Signaturesonnextpage]
FIRSTAMENDMENTTOTRADESERVICESAGREEMENT
42 Agreement No. 9721-22-FN
INWITNESSWHEREOF, thepartiesheretohaveexecutedtheAmendmentonthedatefirstwrittenabove.
CITYOFOXNARD SALADOENTERPRISES
☐JohnC. Zaragoza, Mayor
1 Date Oliver Salado, President Date☐Jennifer Yates, PurchasingAgent 2 MireyaChavez, VicePresident DateATTEST:
RoseChaparro, CityClerk Date(onlyif Mayor signs)
APPROVEDASTOFORM:
StephenM. Fischer, City DateAttorney(alwaysrequired)
2 ThePurchasingAgentmayexecuteanyauthorizedagreementupto$200,000.TheCityrequiresthefollowingfor anycontract:●For acorporation, thesignaturesof theBoardPresident, CEOor VicePresident andof theBoardSecretary,Assistant Secretary, CFOor Assistant Treasurer;●For anLLC, thesignaturesof at least twomanagersof theLLC(companydirectors, not lower-level managers); or●For apartnership, thesignatureof apartner. If thepartnershipisalimitedpartnership, thesigner must beageneralpartner.If thecompanyhasadifferent structure, or if theabove-listedpersonsarenot theappropriatesigners, pleasesubmittotheCityAttorneylegally-bindingdocumentationstatingwhocansignandbindyour company. 1 TheCityCouncilmustauthorizeandtheMayormustexecuteanyagreementover$200,000.
FIRSTAMENDMENTTOTRADESERVICESAGREEMENT
43 44
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65 66
Agreement 9721-22-FN with Salado Enterprises for
Citywide Vehicle Mobile Washing and Detailing
Services
Public Works and Transportation Committee
June 13, 2023
Brian Yanez
Assistant Public Works Director
67 That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to Agreement with Salado Enterprises in the amount of $175,000 for a new total not to exceed $375,000 for an additional period of 12 months for the Citywide Vehicle Mobile Washing and Detailing Services.
RECOMMENDATION 2
68 • Vehicle and commercial vehicle washing is an important element for a safe, clean, and sanitary work environment • Majority of this agreement relates to the washing of Environmental Resources (ER) refuse collection vehicles • Due to the nature of ER operations, vehicles are subject to pollutants such as exhaust emissions, engine fluids, refuse, dust, and other debris • September 12, 2022, after a formal solicitation, the City Manager approved Agreement 9721-22-FN with Salado Enterprises in the amount of $200,000 which expires August 14, 2023 BACKGROUND 3
69 • Salado Enterprises is responsible for washing the City’s passenger vehicles and pickup trucks, special use vehicles, and heavy duty refuse collection vehicles • Services also include power washing of City owned trash enclosures, bins and carts upon request. • This agreement complies with City Ordinance No. 2806 in reducing stormwater pollutants • Salado Enterprises meets all required City contractual obligations including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State DISCUSSION 4
70 • Cost of this First Amendment to Agreement No. 9721-22-FN with Salado Enterprises shall not exceed $175,000 for a total new agreement value of $375,000
• Funding for FY 2023-24 is included in the current annual budget proposal and subsequent fiscal years will be requested in the annual budget process.
FINANCIAL IMPACT 5
ESTIMATED SPENDING PLAN
Division Account FY 2023-24
(10 months)
FY 2024-25
(2 months)
TOTAL
ER 6313630-55030 $130,000 $25,000 $155,000
Citywide Various
Departments
$10,000 $10,000 $20,000
TOTAL $140,000 $35,000 $175,000
71 QUESTIONS
6 72
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.3
DATE: June 13, 2023
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Purchase Order with Safety Network Traffic Signs, Inc. for Finished Street Signs. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Purchasing Manager to execute a Purchase Order with Safety Network Traffic Signs, Inc. for finished street signs in the amount not to exceed $750,000 for a five-year term ending on June 30, 2028.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/3Y_eQgIMy3w
BACKGROUND
The City of Oxnard Public Works Streets Division (Streets Division) installs and maintains City traffic signs.
There is an inventory of more than 20,000 traffic signs, including regulatory, warning, guidance and informational signs within the City. Some examples of signs include stops signs, street name signs, speed limit signs, no parking signs, and informational signs to help with navigation. The signs comply with the directions for standards developed by the Federal Highway Administration (FHWA) in the Manual for Uniform Traffic Control Devices (MUTCD). The MUTCD contains national design, application, placement standards, and guidance (e.g. reflectivity requirements) for all traffic control devices, such as signs, signals, and pavement markings. These devices regulate, warn, and guide road users along City streets. Traffic control devices are important because they optimize traffic performance, promote uniformity nationwide, and help enhance safety.
DISCUSSION
Public Works has a small sign shop at the Corporation Yard where staff assembles, cleans and reuses traffic signs. However, the volume of signs needed in any given year and the complexity of some of the regulatory traffic signs require the assistance of a commercial vendor to manufacture. As such, the Streets Division has utilized a commercial sign vendor to manufacture traffic signs for more than thirty years. This Fiscal Year 2022-2023, as of May, the Streets Division has repaired and installed approximately 2,491 traffic signs within the City limits.
On February 21, 2023, the City issued a Request for Bid (RFB) PW 23-87 on Public Purchase for the purchase and delivery of traffic signs. The RFB closed on March 22, 2023, and six bids were received. The lowest bidder was Safety Network Traffic Signs, Inc.
73 Table 1. RFB PW 23-87 Finished Street Signs
BIDDER BID AMOUNT
Safety Network Traffic Signs, Inc. $175,463.10
Safeway Sign Company $217,539.50
Zumar Industries $232,961.50
Maneri Sign Company $261,335.60
Square Signs, LLC $293,240.00
Main Street Signs $523,774.00
Staff has confirmed that Safety Network Traffic Signs, Inc. meets all required provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that Safety Network Traffic Signs, Inc. is capable of satisfactorily performing the requested services.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
The total cost with Safety Network Traffic Signs, Inc., shall not exceed $750,000 over a five-year term for the purchase and delivery of finished street signs. The annual estimated spending plan for this Purchase Order is $150,000 starting July 1, 2023 and will be funded from available appropriations in the General Fund Streets Division. Funding for FY 2023-24 is included in the proposed FY2023-24 General Fund operating budget and subsequent fiscal years will be requested during the annual budget process.
Estimated Spending Plan
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Total Streets Maintenance $150,000 $150,000 $150,000 $150,000 $150,000 $750,000
Prepared by: Philip Schwieder, Streets Division Manager, Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. Rate Sheet
2. Presentation
74 SAFETY NETWORK TRAFFIC SIGNS
RATE SHEET
Finished Street
Signs
with 1160A
Premium Anti-
Graffiti
Approximate
Quantity
Unit of
Measure
Diamond Grade
Type 11
Florescent Colors
Diamond Grade
Type 11 Standard
Colors
High Intensity
Grade Type 4
Prismatic
Engineer Grade
Type 1
Aluminum .125
72" x 18"
100 each $ 87.00 unit $ 95.08 unit $ 83.08 unit $ 82.08 unit
Aluminum .080
30" x 30"
100 each $ 55.37 unit $ 54.53 unit $ 46.20 unit $ 45.51 unit
Aluminum .080
24" x 24"
100 each $ 35.43 unit $ 34.90 unit $ 29.57 unit $ 29.12 unit
Extruded Blade
30" x 9"
100 each $ 34.00 unit $ 40.84 unit $ 37.56 unit $ 32.70 unit
Extruded Blade
36" x 9"
100 each $ 40.00 unit $ 48.78 unit $ 44.83 unit $ 39.03 unit
Extruded Blade
42" x 9"
100 each $ 47.00 unit $ 56.90 unit $ 52.29 unit $ 45.53 unit
Extruded Blade
48" x 9"
100 each $ 53.00 unit $ 65.03 unit $ 59.76 unit $ 52.03 unit
Flat Blade 32" x 6"
100 each $ 19.00 unit $ 20.68 unit $ 17.11 unit $ 16.81 unit Special Flat Blade
31" x 6" (Hump 11
3/4") 6"
100 each $ 23.00 unit $ 24.20 unit $ 20.73 unit $ 20.45 unit 75 Hardware/Accessories
Approximate
Quantity
Unit of
Measure
Unit Price
3/8 ALUMINUM DRIVE RIVET W/FIBER WASHER
100
each
$0.58
5/8" X 100' SS BANDING .030 GREEN
10 per roll
$51.11
5/8" BAND-IT STAINLESS STEEL BUCKLE
100
each
$0.49
SS STRAIGHT LEG BRKT W/BOLT
100
each
$2.17
CANTILEVER ARM SUPPORT 30" LONG
100
each
$38.89
2-1/4" X 2-1/4" X 30" 12GA PERF ANCHOR
100
each
$11.46
2" X 2" X 10' 14GA PERF TUBE
100
each
$32.14
2" X 2" X 12' 14GA PERF TUBE
100
each
$38.57
2" SCUB BRACKET
100
each
$1.84
U-BOLT FOR 2" SCUB BRACKETS
100
each
$0.89
CAP FOR 2" RD OR SQ EXTRUDED BLADE
100
each
$4.45
90-DEGREE CROSS PIECE FOR EXTRUDED
100
each
$4.45
WING BRACKET FOR 9" EXTRUDED BLADE
100
each
$7.78
WING BRACKET FOR 9" FLAT BLADE
100
each
$7.78
CAP FOR 2" RD OR SQ FLAT BLADE
100
each
$4.45
90-DEGREE CROSS PIECE FOR FLAT 100 each $4.45
76 Purchase Order with Safety Network Traffic
Signs, Inc. for Finished Street Signs
Public Works and Transportation Committee
June 13, 2023
Philip Schwieder
Streets Division Manager
77 That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Purchasing Manager to execute a Purchase Order with Safety Network Traffic Signs, Inc. for finished street signs in the amount not to exceed $750,000 for a five-year term ending on June 30, 2028.
RECOMMENDATION 2
78 • Streets Division maintains over 20,000 signs within City limits • City must meet regulatory compliance standards for directional and traffic control signs
• Traffic signs communicate rules, warnings, and guidance for safe navigation of roadways
• New signs will meet compliance standards set forth by the Federal Highway Administration (FHWA) Rules and Regulations and guided by the Manual on Uniform Traffic Control Devices (MUTCD)
BACKGROUND 3
79 BACKGROUND 4
In FY 2022-23, Streets Division repaired and replaced 2,491 regulatory, warning, guide, service, and informational street signs. 80 Signs are replaced when damaged, faded, broken, corroded or missing.
BACKGROUND 5
81 • The Streets Division has utilized a commercial sign vendor to manufacture traffic signs for more than thirty years
• Public Works has a small sign shop at the Corporation Yard where staff assembles, cleans and reuses traffic signs
• The complexity of regulator traffic signs require the assistance of a commercial vendor to manufacture
DISCUSSION 6
82 • Request for Bid (RFB) PW 23-87 issued on Public Purchase on February 21, 2023
• RFB closed on March 22, 2023 and six bids were received; Safety Network Traffic Signs, Inc. was the lowest responsive bidder DISCUSSION 7
BIDDER BID AMOUNT
Safety Network Traffic Signs $175,463.10
Safeway Sign Company $217,539.50
Zumar Industries $232,961.50
Maneri Sign Company $261,335.60
Square Signs, LLC. $293,240.00
Main Street Signs $523,774.00
83 • This Purchase Order will be funded from available
appropriations from the General Fund Streets Division
• The annual spending plan is $150,000 starting July 1, 2023 • Funding for subsequent fiscal years will be requested during the annual budget process
FINANCIAL IMPACT 8
Estimated Spending Plan
FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 T otal
Streets
Maintenance $150,000 $150,000 $150,000 $150,000 $150,000 $750,000 84 QUESTIONS
9 85
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.4
DATE: June 13, 2023
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Trade Services Agreement 32400008 with Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs) for Ocean Monitoring Services. (10 minutes)
RECOMMENDATION
That the Public Works and Transportation Committee recommend the City Council approve and authorize the Mayor to execute an agreement with Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs) for an amount not to exceed $1,850,000 for a five-year term ending December 31, 2028 for ocean outfall monitoring services.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/kCNMXVfQV58
BACKGROUND
The City of Oxnard Wastewater Treatment plant (OWTP) treats approximately 17 million gallons of wastewater per day with its discharges going to both the City of Oxnard’s Advanced Water Purification Facility (AWPF) and the Pacific Ocean.
The OWTP operates under a National Pollution Discharge Elimination System (NPDES) Permit issued by the California Regional Water Quality Control Board (RWQCB), Los Angeles Region. The NPDES permit lists the regulatory parameters required to discharge treated wastewater into the ocean. NPDES permit duration is five years with the current permit expiring in November 2023.
Under the requirements of the current NPDES permit, the OWTP is required to perform water quality monitoring, ocean acidification testing, benthic sediment monitoring, fish & invertebrate monitoring, kelp bed monitoring, toxicity testing, seafood safety monitoring, and an underwater inspection of the wastewater outfall pipe. The testing/ monitoring requirements vary annually over the five-year coverage of the NPDES permit.
DISCUSSION
The Purchasing Department published Request for Proposal (RFP) PW 23-89 for ocean monitoring services on February 23, 2023, with a proposal due date of March 24, 2023. RFP PW 23-89 received a total of one (1) proposal from Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs).
ABC Labs proposal was reviewed by the Purchasing Division (Buyer) and the Wastewater Division (Division Manager, Operations Manager, Chief Operator, Management Analyst) with a determination that it was 86 responsive based on scoring criteria listed in RFP PW 23-89. The scoring criteria consisted of the proposer’s ability and history performing the requested services, responsiveness, technical competence, past record of similar work, and cost. Staff have also confirmed that ABC Labs meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State.
The cost for the upcoming 5-year NPDES permit cycle is 15-20% higher when compared to the previous 5-year NPDES permit cycle. The permit monitoring requirements and their associated annual costs vary from year to year over the life of the permit. Staff anticipates the 2023-2028 permit requirements will remain consistent to the 2018-2023 requirements. The new agreement with ABC Labs has provisions that allows for additional work on an as-needed basis, if required.
ABC Labs has been providing required NPDES ocean monitoring services for the City for over 30 years. This service is highly specialized and has a very limited pool of locally qualified contractors. Based on their proposal and previous history of successful performance, staff is confident that ABC Labs is capable of satisfactorily providing the requested services outlined in the scope of work.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for Agreement 32400008 with ABC Labs shall not exceed $1,850,000 over the term of five years. The estimated spending plan is listed in the table below commencing July 1, 2023. These costs will be funded using available budget appropriations from the Wastewater Fund (611). Funding for FY 2023-24 is included in the proposed FY2023-24 Wastewater Operating Fund and subsequent fiscal years will be requested in the annual budget process.
ESTIMATED SPENDING PLAN
DIVISION FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 TOTAL Wastewater
6113614-53420 $550,000 $400,000 $280,000 $330,000 $290,000 $1,850,000
Prepared by: Jan Hauser, Wastewater Division Manager, Joseph Marcinko, Assistant Public Works Director
ATTACHMENTS
1. 32400008 ABC Outfall Monitoring
2. Presentation
87 T
RADE SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND AQUATIC BIOASSAY AND CONSULTING
LABORATORIES, INC.
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Aquatic Bioassay and Consulting Laboratories, Inc. (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”
1. SUMMARY DESCRIPTION OF SERVICES. On - Call Ocean Monitoring Services. This Agreement is for “on call” or “as needed” services as identified in Exhibit A -Scope of Services.
The City does not guarantee that any services will be requested under this agreement or that any services requested under this agreement will reach the agreement amount listed in section
4. All “on call” or “as needed” services requested by the City shall be paid at the rates identified in Exhibit B-Rate and Cost Sheet.
2. PARTIES.
CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030
Aquatic Bioassay and Consulting Laboratories, Inc. (“SERVICE PROVIDER”), a corporation of the State of California, located at 29 N Olive St, Ventura, CA 93001
3. TERM OF AGREEMENT: From (Date): July 1, 2023 To (Date): December 31, 2028
3.1 Time is of the essence in this Agreement.
3.2 INTENTIONALLY OMITTED
3.3 INTENTIONALLY OMITTED
3.4 All services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.
4. AGREEMENT AMOUNT NOT TO EXCEED: $ 1,850,000.
5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services
Exhibit B:
Schedule of Compensation
Exhibit C: Insurance Requirements
Agreement No. 32400008
1 88
Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Act Certification
Exhibit G: Attachment E- Monitoring and Reporting Program NPDES NO. CA0054097
6. DESIGNATED REPRESENTATIVES.
The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:
CITY Designated Representative: SERVICE PROVIDER Designated Representative:
Name: Roberto Fuentes Name: Scott Johnson
Title: Wastewater Operations Manager Title: Laboratory Director Phone: (805) 271-2203 Phone: 805-643-5621 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
6001 Perkins Road
Oxnard, CA 93030
7. CONTRACTUAL PREREQUISITES.
7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.
7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.
7.3. All proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.
7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
8. SERVICE PROVIDER'S SERVICES.
8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.
Agreement No. 32400008
2 89
8 .2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.
9. COMPENSATION.
CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.
10. PAYMENT & INVOICES.
The CITY shall pay all undisputed portions of any applicable invoice within forty - five (45) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within forty -five (45) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.
10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services Agreement No. 32400008
3 90
per
formed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted ser vice providers.
10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.
11. OPTION TO EXTEND AGREEMENT.
When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 3.2 and 3.3, this Agreement shall not be extended.
12. MODIFICATION OF AGREEMENT.
This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.
13. TERMINATION OF AGREEMENT.
CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 31 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.
14. INDEPENDENT CONTRACTOR
SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, Agreement No. 32400008
4 91
c
ompensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.
SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
15. L AWFUL PERFORMANCE.
SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.
SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
16. SAFETY REQUIREMENTS.
SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be per formed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.
Agreement No. 32400008
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17. O
WNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.
CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.
17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services. SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.
17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.
17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.
17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure Agreement No. 32400008
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o the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement.
If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.
17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the pr ojects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissio ns in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.
18. ASSIGNMENT.
This Agreement is for the non- professional services of SERVICE PROVIDER.
Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void. SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.
19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.
Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non- breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement.
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20. NO
TICES.
All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first -class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
21. COVENANTS AND CONDITIONS.
Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.
22. WAIVER.
CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.
23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.
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23. 2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.
23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.
23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social secur ity requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
24. INSURANCE.
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ERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25. LIVING WAGE REQUIREMENTS.
During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement . SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement.
The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
26. PREVAILING WAGE REQUIREMENTS.
26.1. A
pplication. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees.
26.2. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html
26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
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27. CO
NFLICT OF INTEREST
SERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.
28. IRAN CONTRACTING ACT
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with this Agreement and must be signed and dated under penalty of perjury.
29. [RESERVED] -
30. DISPUTES.
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.
31. DISPUTE RESOLUTION.
Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be Agreement No. 32400008
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reed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32. AUDIT.
CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a S tate audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVI DER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.
33. ADVERTISING AND PUBLICITY
SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
34. NONDISCRIMINATORY EMPLOYMENT.
SERVICE PROVIDER shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, phy sical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.
SERVICE PROVIDER understands and agrees that it is bound by and will comply with Agreement No. 32400008
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l legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
35. FORCE MAJEURE.
Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.
36. GOVERNING LAW.
The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
37. SEVERABILITY.
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
38. INTEGRATED AGREEMENT.
This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
39. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
40. AUTHORITY TO EXECUTE.
Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and Agreement No. 32400008
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epresents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.
41. EXECUTION – COUNTERPARTS.
This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
42. INCONSISTENT OR CONFLICTING TERMS.
In the event of any contradictions or inconsis tencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.
43. ACKNOWLEDGEMENT.
By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance.
[Signatures on next page]
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n wi
tness whereof, the Parties have entered into this Agreement on the date as written in section 3 and upon signature of all Parties.
C
ITY OF OXNARD AQUATIC BIOASSAY AND
CONSULTING LABORATORIES, INC.
☐John C. Zaragoza, Mayor1 Date Joe Freas, President Date ☐Jennifer Yates, 2
P
urchasing Manager
A shley Freas, Secretary3 Date
A
TTEST:
Rose Chaparro, CITY Clerk Date
(only if Mayor signs)
APPR
OVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
• For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
• For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or • For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
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EXHIBIT A
TRADE SERVICE AGREEMENT
(CITY of Oxnard and AQUATIC BIOASSAY AND CONSULTING LABORATORIES, INC.)
SCOPE OF SERVICES
ON CALL OCEAN OUTFALL MONITORING SERVICES FOR THE WASTEWATER DIVISION
1000-1 SCOPE OF WORK
The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to provide On Call Ocean Monitoring Services for the City of Oxnard Wastewater Division. Contractor shall conduct all the following activities in accordance with Attachment E of the City of Oxnard Wastewater Treatment Plant NPDES No. CA0054097 Order No. R4-2018-0140 (Monitoring and Reporting Program (MRP):
1. Core monitoring, regional monitoring, and special studies as described in the General Monitoring Provisions.
2. Monthly toxicity testing using kelp, topsmelt, or red abalone (NPDES Section V).
3. Receiving Water Monitoring Requirements - Section VIII. Parts A, B, C, D, and E.
4. Other Monitoring Requirements - Section IX. A. Outfall and Diffuser Inspection.
5. Reporting Requirements - Section X.A.9, D.4 (Receiving Water Report) and D.5 (Outfall Inspection Report).
6. Regional monitoring following protocols developed by the Southern California Bight 2023 Regional Monitoring Program (SCCWRP)
TASK A Water Quality Monitoring
As required, Contractor shall provide receiving water quality monitoring to include four (4) quarterly reports, one (1) annual report, data management and analysis and Regional Monitoring in accordance with the Wastewater Treatment Plant National Pollutant Discharge Elimination System (NPDES) Permit. Contractor shall participate in the Southern California Bight Regional Monitoring Program pertaining to Ocean Acidification (OA) and Harmful Algal Blooms (HABs).
Participation in this surve y includes quarterly field sampling, attending all meetings at SCCWRP pertaining to this work, data management and analysis, and reporting and review.
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D
eliverables
• Four (4) Quarterly Receiving Water Field Surveys: (Aug, Nov, Feb, May) Total 20 over 5 years
• Four (4) Quarterly Sets of Laboratory Analyses: Bacteria and ammonia at 25 station x 3 depths x 4 quarters = 300) Total 20 over 5 years
• Monthly Program Management including (4) Quarterly Receiving Water Monitoring Reports, Biennial and Annual Summary Report & Regional Monitoring
TASK B Bight 23 Ocean Acidification (OA)
As required, Contractor shall conduct semi -annual bongo net tows at 3 stations located along a transect 25 miles offshore. These surveys will begin in January 2024 and last through December 2025. Pteropods and other organisms with calcareous shells shall be collected from each tow preserved and shipped to SCCWRP for processing. Participation in these surveys includes field sampling, attending all meetings at SCCWRP pertaining to this w ork, data management and analysis, and reporting and review.
Deliverables
• Four (4) Semi -annual (2024 and 2025) bongo net tows, CTD profiles and discrete water samples for pH and alkalinity based on the Ocean Acidification Work plan • Four (4) Semi -annual (2024 and 2025) sets of Laboratory Analyses: aragonite (pH) and alkalinity
• Program Management including status updates, attendance at up to 6 Bight 23 OA meetings, data management/ analysis, report writing and review
TASK C Bight 23 Benthic Sediment Quality Monitoring
As required, Contractor shall provide Benthic Sediment services per the workplans and protocols for the 2023 Southern California Bight Regional Monitoring Program, including:
● Field sampling at 27 sites from Pt Mugu to Santa Barbara ● Laboratory analyses including:
○ Benthic infauna identification of 21 samples, including quality control ○ Sediment chemistry of 29 samples for chlorinated hydrocarbons (CHC and PCBs) and poly aromatic hydrocarbons (PAHs)
○ Sediment toxicity testing of 30 samples using the bivalve Mytilus sp.
Participation in these surveys includes field sampling, attending all meetings at SCCWRP pertaining to this work, data management and analysis, reporting and review.
Deliverables
• Field Sampling Benthic Sediments (n=27)
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Laboratory Analyses: Chemistry (n=29), infauana (n=21), Toxicity (n=30) • Program Management including status updates, attendance at up to 5 Bight 23 Sediment Quality
TASK D Bight 23 Fish and Invertebrate Monitoring
As required, Contractor shall provide fish and invertebrate trawl sampling services per the work plans and protocols for the 2023 Southern California Bight Regional Monitoring Program, including:
● Trawl sampling at 19 sites from Pt Mugu to Santa Barbara ● Field identification, enumeration, and weights of all fish and invertebrates captured in each trawl
Participation in these surveys includes field sampling, attending all meetings at SCCWRP pertaining to this work, data management and analysis, reporting and review.
Deliverables
• Field Sampling: Trawling (n=19)
• Field Identification, enumeration, and weights
• Program Management including status updates, attendance at up to 5 Bight 23 Trawl committee meetings, data management/ analysis, report writing and review
TASK E Kelp Bed Monitoring
As required, Contractor shall participate in the Central Coast Kelp Consortium, including aerial flyovers.
Deliverables
• Participation in Central Region Kelp Survey Consortium as required • Review Annual Report
TASK F Outfall & Diffuser Inspection
On an annual basis, Contractor shall inspect approx. 6000 ft of the City’s ocean outfall and diffuser and provide a summary report.
Deliverables
• Outfall Dive Video recording
• Video review and editing
• Annual report
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Program Management
TASK G Toxicity Testing
On a monthly basis, Contractor shall conduct monthly NPDES (Section V) mandated toxicity testing on plant effluent using EPA protocols (EPA/600/R-95-136).
Deliverables
• Monthly kelp, abalone, or topsmelt toxicity tests
• Monthly program management and reporting
TASK H Seafood Safety Monitoring
As required, Contractor shall collect sportfish from three ‘zones’ offshore Oxnard and monitor seafood contamination levels following the work plan approved by the Los Angeles Regional Water Quality Control Board.
Deliverables
• Field Sampling: rig fishing, caging, spearfishing
• Laboratory analyses: tissue chemistry
• Data analysis and reporting
• Monthly program management
TASK I As Needed Testing, Analysis, and Consulting Services
Unforeseen services may be required through the duration of the contract. Contractor may render additional services through a task order on an as needed basis. Task orders shall include all time and material costs. Materials shall be paid at a rate of cost + 15%.
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5 Year Contract Period
Item No. Task Description Unit Sub-Total
Frequency/
Budget Year Cost
4% Annual
Escalation? Proposal 2023/24 2024/25 2025/26 2026/27 2027/28 1 Task A
Water Quality Monitoring Field Work Quarterly $ 20,136 4 $ 80,544 Lab Work Quarterly $ 15,534 4 $ 62,135
Project Management Quarterly $ 5,216 4 $ 20,864 Yes $ 163,543 $ 163,543 $ 170,085 $ 176,888 $ 183,964 $ 191,322 2 Task B
Bight 23 Ocean Acidification Field Work Semi-Annual $ 23,664 4 $ 94,656 (2024 to 2025) Lab Work Semi-Annual $ 1,100 4 $ 4,400
Project Management Semi-Annual $ 3,236 4 $ 12,944 No $ 112,000 $ 28,000 $ 84,000 $ 7,000 $ 5,000 $ 5,000 3 Task C
Bight 23 Benthic Sediment Field Work Annual $ 55,362 1 $ 55,362 Quality Monitoring Lab Work Annual $ 108,765 1 $ 108,765 Project Management Annual $ 14,392 1 $ 14,392 No $ 178,519 $ 178,519 $ 62,563 $ 15,840 $ 15,840 $ 15,840 4 Task D
Bight 23 Fish and Field Work Annual $ 108,208 1 $ 108,208 Invertebrate Monitoring Lab Work Annual $ - 1 $ -
Project Management Annual $ 18,160 1 $ 18,160 No $ 126,368 $ 126,368 $ 26,306 $ 11,688 $ 11,688 $ 11,688 5 Task E
Kelp Bed Monitoring Field Work Annual $ 11,000 1 $ 11,000 Lab Work Annual $ - 1 $ -
Project Management Annual $ 1,256 1 $ 1,256 Yes $ 12,256 $ 12,256 $ 12,746 $ 13,256 $ 13,786 $ 14,338 6 Task F
Outfall and Diffuser Inspection Field Work Annual $ 9,486 1 $ 9,486 Lab Work Annual $ 3,694 1 $ 3,694
Project Management Annual $ 2,896 1 $ 2,896 Yes $ 16,076 $ 16,076 $ 16,719 $ 17,388 $ 18,083 $ 18,807 7 Task G
Toxicity Testing Topsmelt Most Sensitive $ 1,135 1 $ 1,135 Kelp Most Sensitive $ 1,155 12 $ 13,860
Abalone Most Sensitive $ 1,050 1 $ 1,050 Yes $ 16,045 $ 16,045 $ 16,687 $ 17,354 $ 18,048 $ 18,770 8 Task H
Seafood Safety Monitoring Field Work Annual $ 29,726 1 $ 29,726 Lab Work Annual $ 15,410 1 $ 15,410
Project Management Annual $ 6,664 1 $ 6,664 No $ 51,800 $ - $ - $ - $ 51,800 $ 6,664 (continued below) Total $ 540,807 $ 389,106 $ 259,414 $ 318,210 $ 282,429
EXHIBIT B
TRADE SERVICE AGREEMENT
(CITY of Oxnard and AQUATIC BIOASSAY AND CONSULTING LABORATORIES, INC.)
SCHEDULE OF COMPENSATION
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5 Year Contract Period
Item No. Task Desription Unit Sub-Total
Frequency/
Budget Year Cost
4% Annual
Escalation? Proposal 2023/24 2024/25 2025/26 2026/27 2027/28 9 Task I
As Needed Testing, Analysis,
and Consulting Services
Senior Scientist
Scientist
Senior Biologist
Biologist
Field Technician
Laboratory Technician
2023 to 2024
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
$ 241
$ 181
$ 157
$ 133
$ 102
$ 102
10 Annual Cost Escalation For Tasks A, E, F, G Percent 4% Agreement No. 32400008
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E
XHIBIT C
TRADE SERVICES AGREEMENT
(CITY of Oxnard and AQUATIC BIOASSAY AND CONSULTING LABORATORIES, INC.)
INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/SERVICE PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)
1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.
d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]
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3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS -A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6. The insurer shall declare any deductibles or self -insured retentions to and be approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
1/23
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORM S
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date beca use the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.
INS-A.doc
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ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY
NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] CLAIMS MADE [x]
OCCUR.
[x] OWNER'S & CONTRACTOR'S
PROT.
GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”) SUBMIT IN DUPLICATE ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL
LIABILITY
COMPREHENSIVE GENERAL
LIABILITY
OWNERS & CONTRACTORS
PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED
OPERATIONS
PERSONAL & ADVERTISING
INJURY
FIRE DAMAGE
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
e: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written noti ce by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES . Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its offic ers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I
(print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed:
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
( )
$
per accident, for bodily injury and property
damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary ins urance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prio r written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES . Any failure to compl y with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name),
warrant that I have authority to bind the above- mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
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E
XHIBIT D
TRADE SERVICES AGREEMENT
(CITY of Oxnard and AQUATIC BIOASSAY AND CONSULTING LABORATORIES, INC.)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
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C
ITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2023, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If SERVICE PROVI DER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
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E
XHIBIT E
TRADE SERVICES AGREEMENT
(CITY of Oxnard and AQUATIC BIOASSAY AND CONSULTING LABORATORIES, INC.)
PREVAILING WAGE
1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the P roject as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.
3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages . SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.
6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all Agreement No. 32400008
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appr
enticeable occupations. Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.
8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.
10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVIC E PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monit oring and enforcement by the DIR.
12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without Agreement No. 32400008
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l
imitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legi slative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.
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IRA
N CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pur
suant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.
To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.
OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.
Company Name/Financial Institution (printed): Fe
deral ID Number (or n/a):
By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.
Company Name/Financial Institution (printed): Fe
deral ID Number (or n/a):
By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________
EXHIBIT F
Agreement No. 32400008
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CITY OF OXNARD ORDER R4-2018-0140
OXNARD WASTEWATER TREATMENT PLANT NPDES NO. CA0054097
ATTACHMENT E MONITORING AND REPORTING 10/11/2018 E-1
E.
ATTACHMENT E – MONITORING AND REPORTING PROGRAM
CONTENTS
I. General Monitoring Provisions ................................ ................................ ................................ .... E-2 II. Monitoring Locations ................................ ................................ ................................ ................... E-6 III. Influent Monitoring Requirements ................................ ................................ ................................ E-8 A. Monitoring Location INF-001 ................................ ................................ ................................ E-8 IV. Effluent Monitoring Requirements ................................ ................................ ............................... E-9 A. Monitoring Location EFF-001A and EFF-001B ................................ ................................ .... E-9 V. Whole Effluent Toxicity (WET) Testing Requirements ................................ ............................... E-14 A. Chronic Toxicity Testing ................................ ................................ ................................ ..... E-14 B. Ammonia Removal ................................ ................................ ................................ ............ E-19 C. Chlorine Removal ................................ ................................ ................................ .............. E-20 VI. Land Discharge Monitoring Requirements – Not Applicable ................................ ...................... E-20 VII. Recycling Requirements ................................ ................................ ................................ ........... E-20 VIII. Receiving water monitoring requirements ................................ ................................ .................. E-20 A. Water Quality Monitoring ................................ ................................ ................................ ... E-21 B. Benthic Monitoring ................................ ................................ ................................ ............. E-23 C. Fish and Invertebrate Monitoring ................................ ................................ ....................... E-25 D. Seafood Safety Monitoring ................................ ................................ ................................ . E-27 E. Kelp Bed Monitoring ................................ ................................ ................................ .......... E-28 IX. Other Monitoring Requirements................................ ................................ ................................ . E-29 A. Outfall and Diffuser Inspection ................................ ................................ ........................... E-29 B. Biosolids and Sludge Management ................................ ................................ .................... E-29 X. Reporting Requirements ................................ ................................ ................................ ........... E-29 A. General Monitoring and Reporting Requirements ................................ .............................. E-29 B. Self-Monitoring Reports (SMRs) ................................ ................................ ........................ E-31 C. Discharge Monitoring Reports (DMRs) ................................ ................................ .............. E-33 D. Other Reports ................................ ................................ ................................ .................... E-33 TABLES
Table E-1. Influent and Effluent Monitoring ................................ ................................ ......................... E-6 Table E-2. Local Receiving Water Quality Monitoring Station Locations ................................ ............. E-7 Table E-3. Receiving Water Benthic, Trawl, Shoreline and Mussel Monitoring Station Locations ....... E-7 Table E-4. Influent Monitoring ................................ ................................ ................................ ............. E-9 Table E-5. Effluent Monitoring ................................ ................................ ................................ ........... E-10 Table E-6. USEPA Test Methods and Test Acceptability Criteria ................................ ...................... E-16 Table E-7. Schedule for Receiving Water Monitoring Requirements ................................ ................. E-20 Table E-8. Offshore Receiving Water Monitoring Requirements ................................ ....................... E-21 Table E-10. Seafood Safety Monitoring Requirements................................ ................................ ...... E-27 Table E-11. Monitoring Periods and Reporting Schedule ................................ ................................ .. E-31
EXHIBIT G
Agreement No. 32400008
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ATTACHMENT E – MONITORING AND REPORTING PROGRAM (MRP CI 2022)
Section 308 of the federal Clean Water Act (CWA) and sections 122.41(h), (j)-(l), 122.44(i), and 122.48 of title 40 of the Code of Federal Regulations (40 CFR) require that all NPDES permits specify monitoring and reporting requirements. California Water Code (CWC) sections 13267 and 13383 also authorize the Regional Water Board to establish monitoring, inspection, entry, reporting, and recordkeeping requirements. This MRP establishes monitoring, reporting, and recordkeeping requirements that implement the federal and California laws and/or regulations.
I. GENERAL MONITORING PROVISIONS
A. All samples shall be representative of the waste discharge under conditions of peak load.
Quarterly effluent analyses shall be performed during the first quarter (January, February, and March), the second quarter (April, May, and June), the third quarter (July, August, and September), and the fourth quarter (October, November, and December). Semiannual analyses shall be performed during the first quarter (January, February, and March) and third quarter (July, August, and September). Annual analyses shall be performed during the third quarter (July, August, and September). Should there be instances when monitoring could not be performed during these specified months, the Discharger must notify the Regional Water Board and state the reason why monitoring could not be conducted, and obtain approval from the Executive Officer for an alternate schedule. Results of quarterly, semiannual, and annual analyses shall be reported by the due date specified in Table E-11 of the MRP.
B. Pollutants shall be analyzed using the analytical methods described in 40 CFR § 136.3,136.4, and 136.5; or where no methods are specified for a given pollutant, by methods approved by this Regional Water Board or the State Water Board. Laboratories analyzing effluent samples and receiving water samples shall be certified by the State Water Resources Control Board, Division of Drinking Water (DDW) Environmental Laboratory Accreditation Program (ELAP) or approved by the Executive Officer and must include quality assurance/quality control (QA/QC) data in their reports. A copy of the laboratory certification shall be provided in the Annual Report due to the Regional Water Board each time a new certification and/or renewal of the certification is obtained from ELAP.
C. Water/wastewater samples must be analyzed within allowable holding time limits as specified in 40 CFR § 136.3. All QA/QC analyses must be run on the same dates that samples are actually analyzed. The Discharger shall retain the QA/QC documentation in its files and make available for inspection and/or submit this documentation when requested by the Regional Water Board. Proper chain of custody procedures must be followed and a copy of this documentation shall be submitted with the monthly report.
D. The Discharger shall calibrate and perform maintenance procedures on all monitoring instruments to insure accuracy of measurements, or shall ensure that both equipment activities will be conducted.
E. For any analyses performed for which no procedure is specified in the United States Environmental Protection Agency (USEPA) guidelines, or in the MRP, the constituent or parameter analyzed and method or procedure used must be specified in the monitoring report.
F. Each monitoring report must affirm in writing that “all analyses were conducted at a laboratory certified for such analyses under the Environmental Laboratory Accreditation Program (ELAP), or approved by the Executive Officer and in accordance with current USEPA guideline procedures or as specified in this monitoring and reporting program.” Agreement No. 32400008
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G. The monitoring report shall specify the USEPA analytical method used, the Method Detection Limit (MDL), and the Reporting Level (RL) [the applicable Minimum Level (ML) or Reported Minimum Level (RML)] for each pollutant. The MLs are those published by the State Water Board in Appendix II of the 2015 Ocean Plan. The ML represents the lowest quantifiable concentration in a sample based on the proper application of all method-based analytical procedures and the absence of any matrix interference. When all specific analytical steps are followed and after appropriate application of method specific factors, the ML also represents the lowest standard in the calibration curve for that specific analytical technique. When there is deviation from the analytical method for dilution or concentration of samples, other factors are applied to the ML depending on the sample preparation. The resulting value is the reported Minimum Level.
H. The Discharger shall select the analytical method that provides an ML lower than the effluent limitation or performance goal established for a given parameter or where no such requirement exists, the lowest applicable water quality objective in the Ocean Plan. If the effluent limitation, performance goal, or the lowest applicable water quality objective is lower than all the MLs in Appendix II of the 2015 Ocean Plan, the Discharger must select the method with the lowest ML for compliance purposes. The Discharger shall include in the annual summary reports a list of the analytical methods and MLs employed for each test.
I. The Discharger shall instruct its laboratories to establish calibration standards so that the ML (or its equivalent if there is differential treatment of samples relative to calibration standards) is the lower calibration standard. At no time is the Discharger to use analytical data derived from extrapolation beyond the lowest point of the calibration curve.
J. The Discharger shall develop and maintain a record of all spills or bypasses of raw or partially treated sewage from its collection system or treatment plant according to the requirements in the WDR section of this Order. This record shall be made available to the Regional Water Board upon request and a spill summary shall be included in the annual summary report.
K. If the Discharger samples and performs analyses (other than for process/operational control, startup, research, or equipment testing) any influent, effluent, or receiving water constituent more frequently than required by this Order using approved analytical methods, the results of those analyses shall be included in the monitoring report. These results shall be reflected in the calculation of the average (or median) used in demonstrating compliance with limitations set forth in this Order.
L. For all bacterial analyses, sample dilutions should be performed so the expected range of values is bracketed (for example, with multiple tube fermentation method or membrane filtration method, 2 to 16,000 per 100 mL for total and fecal coliforms, at a minimum; and 1 to 1000 per 100 mL for Enterococcus). The detection methods used for each analysis shall be reported with the results of the analyses.
1. Detection methods used for coliforms (total and fecal) shall be those presented in Table 1A of 40 CFR § 136, unless alternate methods have been approved in advance by the USEPA pursuant to 40 CFR § 136.
2. Detection methods for Escherichia coli shall be those presented in Table 1A of 40 CFR § 136 or in the USEPA publication EPA 600/4-85/076, Test Methods for Escherichia coli and enterococci in Water By Membrane Filter Procedure, or any improved method determined by the Regional Water Board to be appropriate.
M. All receiving and ambient water monitoring conducted in compliance with the MRP must be comparable with the Quality Assurance requirements of the Surface Water Ambient Monitoring Program (SWAMP). The Discharger shall submit all receiving water monitoring data in accordance with the California Environmental Exchange Network (CEDEN).
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N. NPDES compliance monitoring focuses on the effects of a specific point source discharge.
Generally, it is not designed to assess impacts from other sources of pollution (e.g., nonpoint source runoff, aerial fallout) or to evaluate the current status of important ecological resources in the water body. The scale of existing compliance monitoring programs does not match the spatial and, to some extent, temporal boundaries of the important physical and biological processes in the ocean. In addition, the spatial coverage provided by compliance monitoring programs is less than ten percent of the nearshore ocean environment. Better technical information is needed about status and trends in ocean waters to guide management and regulatory decisions, to verify the effectiveness of existing programs, and to shape policy on marine environmental protection.
O. The Regional Water Board and USEPA, working with other groups, have developed a comprehensive basis for effluent and receiving water monitoring appropriate to large publicly owned treatment works (POTWs) discharging to waters of the Southern California Bight. This effort has culminated in the publication by the Southern California Coastal Water Research Project (SCCWRP) of the Model Monitoring Program guidance document (Schiff, K.C., J.S.
Brown and S.B. Weisberg. 2001. Model Monitoring Program for Large Ocean Dischargers in Southern California. SCCWRP Tech. Rep. #357. Southern California Coastal Water Research Project, Westminster, CA. 101 pp.). This guidance provides the principles, framework and recommended design for effluent and receiving water monitoring elements that have guided development of the monitoring program described below.
P. In July 2000, the Santa Monica Bay Restoration Project (SMBRP) published “An Assessment of the Compliance Monitoring System in Santa Monica Bay” to set forth recommendations and priorities for compliance monitoring in Santa Monica Bay. This report reasoned that a reduced level of receiving water monitoring is justified for large POTWs discharging to Santa Monica Bay due to improvements in effluent quality and associated decreases in receiving water impacts. Like the Model Monitoring Plan developed by SCCWRP, SMBRP recommendations are focused on providing answers to management questions and allowing a reduction in POTW receiving water monitoring where discharge effects are well understood.
Although the OWTS does not discharge into Santa Monica Bay, receiving water monitoring since 1999 has documented that marine conditions are consistent or superior at the City’s outfall. OWTP has also participated in the Central Bight Water Quality Consortium (CALCOFI study), implemented by the NOAA and NMFS, to identify marine trends which extend beyond Santa Monica Bay. The monitoring plan set forth here has been guided by SMBRP recommendations.
Q. The conceptual framework for the Model Monitoring Program has three components that comprise a range of spatial and temporal scales: (1) core monitoring; (2) regional monitoring; and (3) special studies.
1. Core monitoring is local in nature and focused on monitoring trends in quality and effects of the point source discharge. This includes effluent monitoring as well as some aspects of receiving water monitoring. In the monitoring program described below, these core components are typically referred to as local monitoring.
2. Regional monitoring is focused on questions that are best answered by a region-wide approach that incorporates coordinated survey design and sampling techniques. The major objective of regional monitoring is to collect information required to assess how safe it is to swim in the ocean, how safe it is to eat seafood from the ocean, and whether the marine ecosystem is being protected. Key components of regional monitoring include elements to address pollutant mass emission estimations, public health concerns, monitoring of trends in natural resources, assessment of regional impacts from all contaminant sources, and protection of beneficial uses. The final design of regional monitoring programs is developed by means of steering committees and technical Agreement No. 32400008
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committees comprised of participating agencies and organizations and is not specified in this Order. Instead, for each regional component, the degree and nature of participation of the Discharger is specified. For this Order, these levels of effort are based upon past participation of the Discharger in regional monitoring programs.
3. Special studies are focused on refined questions regarding specific effects or development of monitoring techniques and are anticipated to be of short duration and/or small scale, although multiyear studies also may be needed. Questions regarding effluent or receiving water quality, discharge impacts, ocean processes in the area of the discharge, or development of techniques for monitoring the same, arising out of the results of core or regional monitoring, may be pursued through special studies. These studies are by nature ad hoc and cannot be typically anticipated in advance of the five- year permit cycle.
The Discharger and the Regional Water Board shall consult annually to determine the need for special studies. Each year, the Discharger shall submit proposals for any proposed special studies to the Regional Water Board by December 31st for the following year’s monitoring effort (July through June). The following year, detailed scopes of work for proposals, including reporting schedules, shall be presented by the Discharger at a Spring Regional Water Board meeting, to obtain the Regional Water Board approval and to inform the public. Upon approval by the Regional Water Board, the Discharger shall implement its special study or studies.
R. Discharger participation in regional monitoring programs is required as a condition of this Order.
1. Central Bight Water Quality Cooperative Program – The City of Oxnard has participated in coordinated monitoring conducted by the Orange County Sanitation District, County Sanitation Districts of Los Angeles County, and the City of Los Angeles through appropriate agencies for water quality monitoring as part of the federally funded Southern California Coastal Ocean Observing System (SCCOOS), which contributes to the national U.S. Integrated Ocean Observing System. This regionally coordinated survey provided integrated water quality surveys on a quarterly basis. These surveys cover 200 kilometers of coast in Ventura, Los Angeles, and Orange Counties, from the nearshore to approximately 10 kilometers offshore. This cooperative program contributes to a regional understanding of seasonal patterns in nearshore water column structure and provides context for determining the significance and potential causes of locally observed patterns in the area of wastewater outfalls. The study is also coordinated with the California Cooperative Oceanic Fisheries Investigations (CalCOFI) implemented by the National Oceanographic Atmospheric Administration (NOAH) and the California Department of Fish and Wildlife. Although monitoring as part of this program is no longer required, the City of Oxnard shall participate in planning or analysis activities as necessary to interpret the data collected over the previous 20 years.
2. The Central Region Kelp Survey Consortium was established with the support of the Regional Water Board to conduct regional kelp bed monitoring. This program is designed to require ocean dischargers in the Regional Water Board’s jurisdiction to undertake a collaborative program, which include participation by Orange County ocean dischargers, to monitor kelp beds in the Southern California Bight, patterned after the successful program implemented by the San Diego Regional Water Board since 1985.
Data collected in this regional survey is used to assess status and trends in kelp bed health and spatial extent. The regional nature of the survey allows the status of beds local to specific dischargers to be compared to regional trends. The regional kelp monitoring survey was initiated during 2003.
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3. Southern California Bight Studies – Every five years SCCWRP coordinates regional monitoring within the Southern California Bight and compiles monitoring data collected by the dischargers and other participating entities. The fifth regional monitoring program (Bight ’13) occurred primarily during summer 2013. The sixth regional monitoring program (Bight ’18) is taking place during 2018. The next (seventh) regional monitoring program (Bight ‘23) is expected to take place during the summer of 2023. While participation in regional monitoring programs is required under this Order, revisions to the Discharger’s monitoring program at the direction of the Regional Water Board may be necessary to accomplish the goals of regional monitoring or to allow the performance of special studies to investigate regional or site-specific water issues of concern. These revisions may include a reduction or increase in the number of parameters to be monitored, the frequency of monitoring, or the number and size of samples to be collected. Such changes were and may be authorized by the Regional Water Board Executive Officer after written notification to the Discharger.
S. This monitoring program for OWTP is comprised of requirements to demonstrate compliance with the conditions of the NPDES permit, ensure compliance with State water quality standards, and mandate participation in regional monitoring and/or area-wide studies.
T. Laboratory Certification. Laboratories analyzing monitoring samples shall be certified by the State Water Resources Control Board (State Water Board), in accordance with the provision of Water Code section 13176, and must include quality assurance/quality control data with their reports.
U. The Discharger shall ensure that the results of the Discharge Monitoring Report-Quality Assurance (DMR-QA) Study or the most recent Water Pollution Performance Evaluation Study are submitted annually to the State Water Board at the following address:
State Water Resources Control Board
Quality Assurance Program Officer
Office of Information Management and Analysis
1001 I Street, Sacramento, CA 95814
II. MONITORING LOCATIONS
A. The Discharger shall establish the following monitoring locations to demonstrate compliance with the effluent limitations, discharge specifications, and other requirements in this Order:
Table E-1. Influent and Effluent Monitoring
Discharge
Point
Name
Monitoring
Location
Name
Monitoring Location Description
Influent Monitoring Station
INF-001 Sampling station shall be established at point of inflow to the sewage treatment plant where representative samples of the influent can be obtained.
Effluent Monitoring Stations
001
EFF-001A
The effluent sampling station shall be located as seen in Attachment C-1, where a representative sample of the secondary-treated effluent before mixing with the brine waste can be obtained.
EFF-001B
The effluent sampling station shall be located downstream of any in-plant return flows and after the brine waste produced from the AWPF has commingled with the final secondary effluent, where representative samples of the effluent can be obtained.
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Table E-2. Local Receiving Water Quality Monitoring Station Locations Core Receiving Water Monitoring Stations (Attachment B-4) Monitoring
Point Name Monitoring Location Description
Water Column
A001 B001 C001 D001 E001
A002 B002 C002 D002 E002
A003 B003 C003 D003 E003
A004 B004 C004 D004 E004
A005 B005 C005 D005 E005
Latitude
34.138081 34.136325 34.132179 34.126674 34.120332
34.132012 34.129138 34.124922 34.119997 34.114238
34.125161 34.122454 34.117716 34.113029 34.107623
34.117883 34.115150 34.110515 34.105505 34.100469
34.110413 34.107873 34.103261 34.098363 34.093656
Longitude
-119.212132 -119.201523 -119.192064 -119.183273 -119.175354 -119.218126 -119.208035 -119.198634 -119.189477 -119.181209 -119.224458 -119.214308 -119.205188 -119.195943 -119.186815 -119.231060 -119.220927 -119.211638 -119.202504 -119.193520 -119.237707 -119.227089 -119.218082 -119.208956 -119.199672 Station Depth
(m)
13 11 12 11 11
32 15 16 16 16
143 21 22 22 22
219 64 28 29 31
82 258 35 37 38
Distance from
Outfall/Transect
length (m)
2,000 1,000 0 1,000 2,000
Table E-3. Receiving Water Benthic, Trawl, Shoreline and Mussel Monitoring Station Locations Monitoring
Point Name Monitoring Location Description
Receiving Water Benthic Monitoring Stations (Attachment B-5) Benthic
Monitoring
Station
RWS-001 RWS-002 RWS_003 RWS-004 RWS-005 RWS-006 RWS-007 Latitude 34.13047 34.12655 34.12568 34.12578 34.12502 34.12328 34.1075 Longitude -119.20887 -119.20025 -119.19831 -119.1979 -119.19643 -119.1934 -119.17017 Station Depth
(m) 15.0 15.0 15.3 15.0 15.3 15.3 15.3
Dist. From
Outfall
Transect (m)
1000 150 18 18 150 500 4000
Bagged Mussel Stations (Attachment B-6)
SS1 2.0 miles southeast of outfall 34.107496 -119.170076 SS2 outfall 34.124061 -119.199514
SS3 0.8 miles northwest of outfall 34.130546 -119.208852 Agreement No. 32400008
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Monitoring
Point Name Monitoring Location Description
Receiving Water Trawl Stations (Attachment B-7)
Trawl Station RWT-001 RWT-002 RWT-003
Latitude 34.13177 34.12308 34.11773
Longitude -119.2063 -119.1906 -119.1833
Station Depth
(m) 15.6 15.6 15.6
Distance from
Outfall
Transect (m)
380 380 4000
Monitoring
Point Name Monitoring Location Description
Shoreline Bacteriological Monitoring Stations (Attachment B-8) Ventura
County ID Location Latitude Longitude
35000 Hollywood Beach,
Los Robles St 34.1625 -119.2300
37000 Channel Islands Harbor Beach 34.1594 -119.2219
38000 Silverstrand Beach,
San Nicholas Ave 34.1572 -119.2253
39000 Silverstrand Beach,
Santa Paula Ave 34.1525 -119.2197
40000 Silverstrand Beach,
Sawtell, Ave 34.1475 -119.2164
41000 Port Hueneme Beach Park 34.1417 -119.1944
42000 Ormond Beach, J Street Drain 34.1389 -119.1889
43000 Ormond Beach,
Industrial Drain 34.1358 -119.1842
44000 Ormond Beach, Arnold Rd 34.1197 -119.1600
The North latitude and West longitude information in Table E-1 through E-3 are approximate for administrative purposes.
III. INFLUENT MONITORING REQUIREMENTS
Influent monitoring is required to determine compliance with NPDES permit conditions, to assess treatment plant performance and to assess effectiveness of the Pretreatment Program.
A. Monitoring Location INF-001
1. The Discharger shall monitor influent to the facility at INF-001 as follows. If more than one analytical test method is listed for a given parameter, the Discharger must select from the listed methods and corresponding Minimum Level:
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Table E-4. Influent Monitoring
Parameter Units Sample Type
Minimum
Sampling
Frequency
Required
Analytical Test
Method
Flow MGD Recorder/totalizer continuous 1
Biochemical Oxygen Demand (BOD5 20°C) mg/L 24-hr composite weekly 2 Total Suspended Solids (TSS) mg/L 24-hr composite weekly 2 pH pH
units grab weekly
2 Oil and Grease mg/L grab3 weekly 2
Radioactivity (including gross alpha, gross,
beta, combined radium-226 & radium-228,
tritium, strontium-90 and uranium)
pCi/L 24-hr composite quarterly 4
Benzidine g/L grab semiannually 2
Polychlorinated Biphenyls (PCBs) g/L 24-hr composite semiannually 2 TCDD Equivalents µg/L 24-hr composite semiannually 5
Remaining pollutants in Table B of the 2015
Ocean Plan (excluding residual chlorine,
chronic toxicity)
g/L grab semiannually 2
IV. EFFLUENT MONITORING REQUIREMENTS
Effluent monitoring is required to determine compliance with NPDES permit conditions and water quality standards; assess and improve plant performance, and identify operational problems; provide information on wastewater characteristics and flows for use in interpreting water quality and biological data; and to conduct reasonable potential analyses for toxic pollutants.
A. Monitoring Location EFF-001A and EFF-001B
The Discharger shall monitor at effluent monitoring locations EFF-001A or EFF-001B for all parameters as follows. The samples for BOD and percent removal of BOD, TSS and percent removal of TSS and bacteria shall be collected at monitoring location EFF-001A and all remaining samples shall be collected at EFF-001B. Compliance with TSS percent removal at EFF-001B and Ocean Plan requriements (75%) is demonstrated by compliance at EFF-001A (85%).
1When continuous monitoring of flow is required, total daily flow, monthly average flow, and instantaneous peak daily flow (24-hour basis) shall be reported. Actual monitored flow shall be reported (not design capacity). 2 Pollutants shall be analyzed using the analytical methods described in 40 CFR § 136; or where no methods are specified for a given pollutant, by methods approved by this Regional Water Board, the State Water Board, and USEPA Region 9. For any pollutant whose effluent limitation is lower than all the MLs specified in Appendix II of the Ocean Plan, the analytical method with the lowest ML must be selected. 3 Oil and grease monitoring shall consist of a single grab sample at peak flow over a 24-hour period. 4 Analyze these radiochemicals by the following USEPA methods: method 900.0 for gross alpha and gross beta, method 903.0 or 903.1 for radium-226, method 904.0 for radium-228, method 906.0 for tritium, method 905.0 for strontium-90, and method 908.0 for uranium. Analysis for combined radium-226 & 228 shall be conducted only if gross alpha and gross beta results for the same sample exceed 15 pCi/L or 50 pCi/L, respectively. If radium-226 & 228 exceeds 5 pCi/L, then analyze for tritium, strontium-90, and uranium. 5 USEPA Method 1613 shall be used to analyze TCDD equivalents.
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If more than one analytical test method is listed for a given parameter, the Discharger must select from the listed methods and corresponding Minimum Level:
Table E-5. Effluent Monitoring
Parameter Units Sample Type6
Minimum
Sampling
Frequency7
Required
Analytical Test
Method
Flow MGD recorder/totalizer continuous 1
BOD5 20oC8 mg/L 24-hr composite weekly 2
Suspended solids 8 mg/L 24-hr composite weekly
2 pH pH units grab weekly
2 Oil and grease mg/L grab9 weekly
2 Temperature F grab weekly
2 Settleable solids ml/L grab weekly
2 Total chlorine residual mg/L recorder/totalizer continuous 2 Turbidity NTU recorder/totalizer continuous
2 Total coliform8 CFU/100 ml or
MPN/100 ml grab daily
2 Enterococcus8 CFU/100 ml or
MPN/100 ml grab 5 times/month
2 Fecal coliform8 CFU/100 ml or
MPN/100 ml grab 5 times/month
2 Ammonia nitrogen mg/L 24-hr composite monthly
2 Toxicity, chronic 10
Pass or Fail,
% Effect (TST) 24-hr composite monthly
2 Nitrate nitrogen mg/L 24-hr composite monthly
2 Nitrite nitrogen mg/L 24-hr composite monthly
2 Organic nitrogen mg/L 24-hr composite monthly
2 Radioactivity pCi/L 24-hr composite quarterly
11 6 For discharge durations of less than 24 hours, individual grab samples may be substituted. A grab sample is an individual sample collected in less than 15 minutes.
7 For the influent and effluent, weekly and monthly sampling shall be arranged so that each day , Monday through Friday, is represented.
8 Sampling for BOD, TSS and bacteria is at EFF-001A. Weekly and Monthly Average BOD may be calculated from daily measurements. If the result of the weekly BOD analysis yields a value greater than the average monthly effluent limitation (AMEL), the frequency of analysis shall be increased to daily within one week of knowledge of the test result for at least 30 days and until compliance with the average weekly effluent limitation (AWEL) and AMEL BOD limits is demonstrated; after which the frequency shall revert to weekly. 9 Oil and grease monitoring shall consist of a single grab sample at peak flow over a 24 -hour period. 10 Whole effluent toxicity monitoring is required for Discharge Point 001, using samples collected at EFF -001B, see section V. Whole Effluent Toxicity Testing Requirements. 11 Analyze these radiochemicals by the following USEPA methods: method 900.0 for gross alpha and gross beta, method 903.0 or 903.1 for radium-226, method 904.0 for radium-228, method 906.0 for tritium, method 905.0 for strontium-90, and method 908.0 for uranium. Analysis for combined radium-226 & 228 shall be conducted Agreement No. 32400008
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Parameter Units Sample Type6
Minimum
Sampling
Frequency7
Required
Analytical Test
Method
(Including gross alpha,
gross beta, combined
radium-226 and radium-
228, tritium, strontium-90
and uranium)
Arsenic g/L 24-hr composite semiannually
2 Cadmium g/L 24-hr composite semiannually
2 Chromium (VI) g/L Grab semiannually
2 Copper g/L 24-hr composite semiannually
2 Lead g/L 24-hr composite semiannually
2 Mercury g/L 24-hr composite semiannually
2 Nickel g/L 24-hr composite semiannually
2 Selenium g/L 24-hr composite semiannually
2 Silver g/L 24-hr composite semiannually
2 Zinc g/L 24-hr composite semiannually
2 Cyanide g/L grab semiannually
2 Phenolic compounds (non-
chlorinated)12 g/L 24-hr composite semiannually
2 Phenolic compounds
(chlorinated)12 g/L 24-hr composite semiannually
2 Endosulfan g/L 24-hr composite semiannually
2 Endrin g/L 24-hr composite semiannually
2 HCH12 g/L 24-hr composite semiannually
2 Acrolein g/L grab semiannually
2 Antimony g/L 24-hr composite semiannually
2 Bis(2-chloroethoxy)
methane g/L 24-hr composite semiannually
2 Bis(2-chloroisopropyl) ether g/L 24-hr composite semiannually 2 Chlorobenzene g/L grab semiannually
2 Chromium (III) g/L grab semiannually
2 Di-n-butyl phthalate g/L 24-hr composite semiannually 2 Dichlorobenzenes g/L 24-hr composite semiannually
2 Diethyl Phthalate g/L 24-hr composite semiannually
2 only if gross alpha and gross beta results for the same sample exceed 15 pCi/L or 50 pCi/L, respectively. If radium-226 & 228 exceeds the stipulated criteria, then analyze for tritium, strontium-90, and uranium. 12 See Attachment A for definition of terms
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Parameter Units Sample Type6
Minimum
Sampling
Frequency7
Required
Analytical Test
Method
Dimethyl Phthalate g/L 24-hr composite semiannually
2 4,6-dinitro-2-methylphenol g/L 24-hr composite semiannually 2 2,4-dinitrophenol g/L 24-hr composite semiannually
2 Ethylbenzene g/L grab semiannually
2 Fluoranthene g/L 24-hr composite semiannually
2 Hexachlorocyclopentadiene g/L 24-hr composite semiannually 2 Nitrobenzene g/L 24-hr composite semiannually
2 Thallium g/L 24-hr composite semiannually
2 Toluene g/L grab semiannually
2 Tributyltin ng/L 24-hr composite semiannually
2 1,1,1-Trichloroethane g/L grab semiannually
2 Acrylonitrile g/L grab semiannually
2 Aldrin g/L 24-hr composite semiannually
2 Benzene g/L grab semiannually
2 Benzidine g/L 24-hr composite semiannually
2 Beryllium g/L 24-hr composite semiannually
2 Bis(2-chloroethyl) ether g/L 24-hr composite semiannually 2 Bis(2-ethylhexyl) phthalate g/L 24-hr composite semiannually 2 Carbon Tetrachloride g/L grab semiannually
2 Chlordane12 g/L 24-hr composite semiannually
13 Chlorodibromomethane g/L grab semiannually
2 Chloroform g/L grab semiannually
2 DDT12 g/L 24-hr composite semiannually
2 1,4-dichlorobenzene g/L 24-hr composite semiannually 2 3,3’-dichlorobenzidine g/L 24-hr composite semiannually 2 1,2-dichloroethane g/L grab semiannually
2 1,1-dichloroethylene g/L grab semiannually
2 Dichlorobromomethane g/L grab semiannually
2 13 The approved test procedures for Chlordane are methods: EPA 617, EPA 608.3 and EPA 625.1. In EPA 608.3, “In this revision to Method 608, Chlordane has been listed as the alpha- and gamma- isomers in Table 1.
Reporting may be by the individual isomers, or as the sum of the concentrations of these isomers, as requested or required by a regulatory/control authority or in a permit.” The 2015 Ocean Plan specfies that the sum shall be reported for compliance purposes.
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Parameter Units Sample Type6
Minimum
Sampling
Frequency7
Required
Analytical Test
Method
Dichloromethane g/L grab semiannually
2 1,3-Dichloropropene g/L grab semiannually
2 Dieldrin g/L 24-hr composite semiannually
2 2,4-dinitrotoluene g/L 24-hr composite semiannually
2 1,2-diphenylhydrazine g/L 24-hr composite semiannually 2 Halomethanes12 g/L grab semiannually
2 Heptachlor g/L 24-hr composite semiannually
2 Heptachlor Epoxide g/L 24-hr composite semiannually
2 Hexachlorobenzene g/L 24-hr composite semiannually
2 Hexachlorobutadiene g/L 24-hr composite semiannually 2 Hexachloroethane g/L 24-hr composite semiannually
2 Isophorone g/L 24-hr composite semiannually
2 N-Nitrosodimethylamine g/L 24-hr composite semiannually 2 N-Nitrosodi-n-propylamine g/L 24-hr composite semiannually 2 N-Nitrosodiphenylamine g/L 24-hr composite semiannually 2 PAHs12 g/L 24-hr composite semiannually
2 PCBs as Aroclors12 g/L 24-hr composite quarterly
2 PCBs as Congeners12,14,15 g/L 24-hr composite quarterly 2 TCDD Equivalents12,16 µg/L 24-hr composite quarterly
2 1,1,2,2-Tetrachloroethane g/L grab semiannually
2 Tetrachloroethylene g/L grab semiannually 2
Toxaphene g/L 24-hr composite semiannually 2
14 PCBs as congeners shall be individually quantified (or quantified as mixtures of isomers of a single congener in co-elutions as appropriate) using USEPA proposed method 1668c. PCBs as congeners shall be analyze d using method EPA 1668c for three years and an alternate method may be used if none of the PCB congeners are detected for three years using method EPA 1668c.
USEPA recommends that until USEPA proposed method 1668c for PCBs is incorporated into 40 CFR § 136, Dischargers should use for discharge monitoring reports/State monitoring reports: (1) USEPA method 608 for monitoring data, reported as aroclor results, that will be used for assessing compliance with WQBELs (if applicable) and (2) USEPA proposed method 1668c for monitoring data, reported as 41 congener results, that will be used for informational purposes to help assess concentrations in the receiving water. 15 To facilitate interpretation of sediment/fish tissue data and TMDL development, PCB conge ners whose analytical characteristics resemble those of PCB-18, 28, 37, 44, 49, 52, 66, 70, 74, 77, 81, 87, 99, 101, 105, 110, 114, 118, 119, 123, 126, 128, 138, 149, 151, 153, 156, 157, 158, 167, 168, 169, 170, 177, 180, 183, 187, 189, 194, 201, and 206 shall be reported as a sum and individually quantified (or quantified as mixtures of isomers of a single congener in co-elutions as appropriate). 16 USEPA Method 1613 shall be used to analyze TCDD equivalents.
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Parameter Units Sample Type6
Minimum
Sampling
Frequency7
Required
Analytical Test
Method
Trichloroethylene g/L grab semiannually 2
1,1,2-Trichloroethane g/L grab semiannually 2
2,4,6-Trichlorophenol g/L 24-hr composite semiannually 2 Vinyl chloride g/L grab semiannually 2
Methyl-tert-butyl-ether g/L grab semiannually 2
V. WHOLE EFFLUENT TOXICITY (WET) TESTING REQUIREMENTS
A. Chronic Toxicity Testing
1. Discharge In-stream Waste Concentration (IWC) for Chronic Toxicity The chronic IWC is the concentration of a pollutant or the parameter toxicity in the receiving water after mixing. The chronic toxicity IWC for Discharge Point 001 is based on 1 part effluent to 108 parts seawater or 0.92 percent effluent.
2. Sample Volume and Holding Time
The total sample volume shall be determined by the specific toxicity test method used.
Sufficient sample volume shall be collected to perform the required toxicity test. For the receiving water, sufficient sample volume shall also be collected during accelerated monitoring for subsequent TIE studies, if necessary, at each sampling event. All toxicity tests shall be conducted as soon as possible following sample collection. No more than 36 hours shall elapse before the conclusion of sample collection and test initiation.
3. Chronic Marine Species and Test Methods
If effluent samples are collected from outfalls discharging to receiving waters with salinity >1 ppt, the Discharger shall conduct the following chronic toxicity tests on effluent samples, at the in-stream waste concentration for the discharge, in accordance with species and test methods in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to West Coast Marine and Estuarine Organisms (EPA/600/R-95/136, 1995). Artificial sea salts or hypersaline brine shall be used to increase sample salinity if needed. In no case shall these species be substituted with another test species unless written authorization from the Executive Officer is received. a. A static renewal toxicity test with the topsmelt, Atherinops affinis (Larval Survival and Growth Test Method 1006.0).
b. A static non-renewal toxicity test with the red abalone, Haliotis rufescens (Larval Shell Development Test Method).
c. A static non-renewal toxicity test with the giant kelp, Macrocystis pyrifera (Germination and Growth Test Method 1009.0).
4. Species Sensitivity Screening
Species sensitivity screening shall be conducted during this permit’s first required sample collection. The Discharger shall collect a single effluent sample to initiate and concurrently conduct three toxicity tests using the fish, an invertebrate, and the alga species previously referenced. This sample shall also be analyzed for the parameters required on a monthly frequency for the discharge, during that given month. As allowed Agreement No. 32400008
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under the test method for the Atherinops affinis, a second and third sample may be collected for use as test solution renewal water as the seven-day toxicity test progresses.
If the result of all three species is “Pass” and “Percent Effect” are less than or equal to 10, at the discharge IWC, then the Dicharger may continue to test with the species chosen based on the most recent, previous species sensitivity rescreening, after consultation with and written direction from the Regional Waer Board staff. If only one species fails, then that species shall be used for routine monitoring during the permit cycle. Likewise, if two or more species result in “Fail”, then the species that exhibits the highest “Percent Effect” at the discharge IWC during the suite of species sensitivity screening shall be used for routine monitoring during the permit cycle, until such time as a rescreening is required.
Species sensitivity rescreening is required every 24 months if there has been discharge during dry weather conditions. If the discharge is intermittent and occurs only during wet weather, rescreening is not required. If rescreening is necessary, the Discharger shall rescreen with the marine vertebrate species, a marine invertebrate species, and the alga species previously referenced, and continue to monitor with the most sensitive species.
If the first suite of rescreening tests demonstrates that the same species is the most sensitive then the rescreening does not need to include more than one suite of tests. If a different species is the most sensitive or if there is ambiguity, then the Discharger may proceed with suites of screening tests for a minimum of three, but not to exceed five suites.
During the calendar month, toxicity tests used to determine the most sensitive test species shall be reported as effluent compliance monitoring results for the chronic toxicity MDEL.
5. Quality Assurance and Additional Requirements
Quality assurance measures, instructions, and other recommendations and requirements are found in the test methods manual previously referenced. Additional requirements are specified below.
a. The discharge is subject to determination of “Pass” or “Fail” from a chronic toxicity test using the Test of Significant Toxicity statistical t-test approach described in the National Pollutant Discharge Elimination System Test of Significant Toxicity Implementation Document (EPA 833-R-10-003, 2010), Appendix A, Figure A-1, and Table A-1, and Appendix B, Table B-1. The null hypothesis (Ho) for the TST statistical approach is: Mean discharge IWC response ≤0.75 × Mean control response. A test result that rejects this null hypothesis is reported as “Pass.” A test result that does not reject this null hypothesis is reported as “Fail.” The relative “Percent Effect” at the discharge IWC is defined and reported for each toxicity test as: ((Mean control response - Mean discharge IWC response) ÷ Mean control response)) × 100. This is a t-test (formally Student’s t-Test), a statistical analysis comparing two sets of replicate observations – in the case of WET, only two test concentrations (i.e. a control and IWC). The purpose of this statistical test is to determine if the means of the two sets of observations are different (i.e. if the IWC or receiving water concentration differs from the control (the test result is “Pass” or “Fail”)). The Welch’s t-test employed by the TST statistical approach is an adaptation of Student’s t-test and is used with two samples having unequal variances.
b. If the effluent toxicity test does not meet all test acceptability criteria (TAC) specified in the referenced test method Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to West Coast Marine and Estuarine Agreement No. 32400008
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Organisms (EPA/600/R-95/136, 1995) (see Table E-6, below), then the Discharger must re-sample and re-test within 14 days.
Table E-6. USEPA Test Methods and Test Acceptability Criteria Species & USEPA Test
Method Number Test Acceptability Criteria (TAC)
Topsmelt, Atherinops affinis,
Larval Survival and Growth
Test Method 1006.01. (Table 3
of Test Method)
80% or greater survival in controls; average dry weight per surviving organism in control chambers equals or
exceeds 0.85 mg. LC50 with copper must be ≤ 205 μg/L,
<25% MSD for survival and <50% MSD for growth. If the
test starts with 9 day old larvae, the mean weight per larva must exceed 0.85 milligrams in the reference and brine
controls; the mean weight of preserved larvae must
exceed 0.72 milligrams. (required)
Purple Sea Urchin,
Strongylocentrotus purpuratus,
and the Sand Dollar,
Dendraster excentricus,
Fertilization Test Method
1008.0 (Table 7 of Test
Method)
70% or greater egg fertilization in controls, must achieve a MSD of <25%, and appropriate sperm counts. (required)
Red Abalone, Haliotis
rufescens, Larval Shell
Development Test Method
(Table 3 of Test Method)
80% or greater normal shell development in the controls; must have statistical significant effect at 56 μg/L zinc and achieve a MSD of <20%. (required)
Giant Kelp, Macrocystis
pyrifera, Germination and
Growth Test Method 1009.0
(Table 3 of Test Method)
70% or greater germination in controls, ≥ 10 μm germ-
tube length in controls, No Observed Effect Concentration (NOEC) must be below 35 μg/L in the reference toxicant
test, and must achieve a MSD of <20% for both
germination and germ-tube length in the reference
toxicant. (required)
c. Dilution water and control water, including brine controls, shall be 1-µm-filtered uncontaminated natural seawater, hypersaline brine prepared using uncontaminated natural seawater, or laboratory water prepared and used as specified in the test methods manual. If dilution water and control water is different from test organism culture water, then a second control using culture water shall also be used. d. Monthly reference toxicant testing is sufficient. All reference toxicant test results should be reviewed and reported using the EC2517.
17 EC25 is a point estimate of the toxicant concentration that would cause an observable adverse effect (e.g. death, immobilization, or serious incapacitation) in 25 percent of the test organisms.
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e. The Discharger shall perform toxicity tests on final effluent samples. Chlorine and ammonia shall not be removed from the effluent sample prior to toxicity testing, unless explicitly authorized under this section of the MRP and the rationale is explained in the Fact Sheet (Attachment F).
6. Preparation of an Initial Investigation Toxicity Reduction Evaluation (TRE) Work Plan The Discharger shall prepare and submit a copy of the Discharger’s initial investigation TRE work plan to the Executive Officer of the Regional Water Board for approval within 90 days of the effective date of this permit. If the Executive Officer does not disapprove the work plan within 60 days, the work plan shall become effective. The Discharger shall use USEPA manual EPA/833B-99/002 (municipal) as guidance, or the most current version. This work plan shall describe the steps that the Discharger intends to follow if toxicity is detected. At a minimum, the TRE Work Plan must contain the provisions in Attachment G. This work plan shall describe the steps that the Discharger intends to follow if toxicity is detected. At a minimum the work plan shall include:
a. A description of the investigation and evaluation techniques that will be used to identify potential causes and sources of toxicity, effluent variability, and treatment system efficiency.
b. A description of the Facility’s methods of maximizing in-house treatment efficiency and good housekeeping practices, and a list of all chemicals used in the operation of the Facility; and,
c. If a TIE is necessary, an indication of the person who would conduct the TIEs (i.e., an in-house expert or an outside contractor).
7. Accelerated Monitoring Schedule for Maximum Daily Single Result: “Fail.” The Maximum Daily single result shall be used to determine if accelerated testing needs to be conducted.
Once the Discharger becomes aware of this result, the Discharger shall implement an accelerated monitoring schedule within 5 calendar days of the receipt of the result.
However, if the sample is contracted out to a commercial laboratory, the Discharger shall ensure that the first of four accelerated monitoring tests is initiated within seven calendar days of the Discharger becoming aware of the result. The accelerated monitoring schedule shall consist of four toxicity tests (including the discharge IWC), conducted at approximately two-week intervals, over an eight-week period; in preparation for the TRE process and associated reporting, these results shall also be reported using the EC25. If each of the accelerated toxicity tests results in “Pass,” the Discharger shall return to routine monitoring for the next monitoring period. If one of the accelerated toxicity tests results in “Fail,” the Discharger shall immediately implement the TRE Process conditions set forth below. During accelerated monitoring schedules, only TST results (“Pass” or “Fail”) for chronic toxicity tests shall be reported as effluent compliance monitoring results for the chronic toxicity MDEL.
8. Toxicity Reduction Evaluation (TRE) Process
During the TRE Process, monthly effluent monitoring shall resume and TST results (“Pass” or “Fail”) for chronic toxicity tests shall be reported as effluent compliance monitoring results for the chronic toxicity MDEL.
a. Preparation and Implementation of Detailed TRE Work Plan. The Discharger shall immediately initiate a TRE using, according to the type of treatment facility, USEPA manual Toxicity Reduction Evaluation Guidance for Municipal Wastewater Treatment Plants (EPA/833/B-99/002, 1999) and, within 15 days, submit to the Agreement No. 32400008
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Executive Officer a Detailed TRE Work Plan, which shall follow the generic Initial Investigation TRE Work Plan revised as appropriate for this toxicity event. It shall include the following information, and comply with additional conditions set by the Executive Officer:
i. Further actions by the Discharger to investigate, identify, and correct the causes of toxicity.
ii. Actions the Discharger will take to mitigate the effects of the discharge and prevent the recurrence of toxicity.
iii. A schedule for these actions, progress reports, and the final report. b. TIE Implementation. The Discharger may initiate a TIE as part of a TRE to identify the causes of toxicity using the same species and test method and, as guidance, USEPA manuals: Methods for Aquatic Toxicity Identification Evaluations: Phase I Toxicity Characterization Procedures (EPA/600/6-91/003, 1991); Methods for Aquatic Toxicity Identification Evaluations, Phase II Toxicity Identification Procedures for Samples Exhibiting Acute and Chronic Toxicity (EPA/600/R-92/080, 1993); Methods for Aquatic Toxicity Identification Evaluations, Phase III Toxicity Confirmation Procedures for Samples Exhibiting Acute and Chronic Toxicity (EPA/600/R-92/081, 1993); and Marine Toxicity Identification Evaluation (TIE):
Phase I Guidance Document (EPA/600/R-96-054, 1996). The TIE should be conducted on the species demonstrating the most sensitive toxicity response. c. Many recommended TRE elements parallel required or recommended efforts for source control, pollution prevention, and storm water control programs. TRE efforts should be coordinated with such efforts. As toxic substances are identified or characterized, the Discharger shall continue the TRE by determining the sources and evaluating alternative strategies for reducing or eliminating the substances from the discharge. All reasonable steps shall be taken to reduce toxicity to levels consistent with toxicity evaluation parameters.
d. The Discharger shall continue to conduct routine effluent monitoring for compliance determination purposes while the TIE and/or TRE is taking place. Additional accelerated monitoring and TRE work plans are not required once a TRE has begun.
e. The Regional Water Board recognizes that toxicity may be episodic and identification of causes and reduction of sources of toxicity may not be successful in all cases.
The TRE may be ended at any stage if monitoring finds there is no longer toxicity.
9. Reporting
The Self-Monitoring Report (SMR) shall include a full laboratory report for each toxicity test. This report shall be prepared using the format and content of the test methods manual chapter called Report Preparation, and shall include:
a. The valid toxicity test results for the TST statistical approach, reported as “Pass” or “Fail” and “Percent Effect” at the chronic toxicity IWC for the discharge. All toxicity test results (whether identified as valid or otherwise) conducted during the calendar month shall be reported on the SMR due date specified in Table E-16. b. Summary water quality measurements for each toxicity test (e.g. pH, dissolved oxygen, temperature, conductivity, hardness, salinity, chlorine, ammonia).
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c. The statistical analysis used in National Pollutant Discharge Elimination System Test of Significant Toxicity Implementation Document (EPA 833-R-10-003, 2010) Appendix A, Figure A-1 and Table A-1, and Appendix B, Table B-1. d. TRE/TIE results. The Executive Officer shall be notified no later than 30 days from completion of each aspect of TRE/TIE analyses. Prior to completion of the final TIE/TRE report, the Discharger shall provide status updates in the monthly monitoring reports, indicating which TIE/TRE steps are underway and which steps have been completed.
e. Statistical program (e.g., TST calculator, Comprehensive Environmental Toxicity Information System, etc.) output results, including graphical plots, for each toxicity test.
f. Graphical plots and tabular data clearly showing the laboratory’s performance of the reference toxicant, for each solution, for the previous 20 tests and the laboratory’s performance of the control mean, control standard deviation, and control coefficient of variation, for each solution, for the previous 12-month period. g. Any additional QA/QC documentation or any additional chronic toxicity-related information, upon written request of the Regional Water Board Chief Deputy Executive Officer or Executive Officer.
B. Ammonia Removal
1. Except with prior approval from the Executive Officer of the Regional Water Board, ammonia shall not be removed from bioassay samples. The Discharger must demonstrate the effluent toxicity is caused by ammonia because of increasing test pH when conducting the toxicity test. It is important to distinguish the potential toxic effects of ammonia from other pH sensitive chemicals, such as certain heavy metals, sulfide, and cyanide.
a. The following may be steps to demonstrate that the toxicity is caused by ammonia and no other toxicants before the Executive Officer would allow for control of pH in the test. There is consistent toxicity in the effluent and the maximum pH in the toxicity test is in the range to cause toxicity due to increased pH. b. Chronic ammonia concentrations in the effluent are greater than 4 mg/L total ammonia.
c. Conduct graduated pH tests as specified in the toxicity identification evaluation methods. For example, mortality should be higher at pH 8 and lower at pH 6. d. Treat the effluent with a zeolite column to remove ammonia. Mortality in the zeolite treated effluent should be lower than the non-zeolite treated effluent. Then add ammonia back to the zeolite-treated samples to confirm toxicity due to ammonia.
2. When it has been demonstrated that toxicity is due to ammonia because of increasing test pH, pH may be controlled using appropriate procedures which do not significantly alter the nature of the effluent, after submitting a written request to the Regional Water Board, and receiving written permission expressing approval from the Executive Officer of the Regional Water Board.
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C. Chlorine Removal
Chlorine may be removed from the OWTP effluent bioassay sampled from EFF-001B because there are no appropriate sampling locations that reflect dechlorinated conditions at the outfall.
VI. LAND DISCHARGE MONITORING REQUIREMENTS – NOT APPLICABLE VII. RECYCLING REQUIREMENTS
The reuse of the reclaimed water is regulated under a separate WDRs and Water Recycling Requirements (WRRs) for City of Oxnard Groundwater Recovery, Enhancement, and Treatment Program – Non-Potable Reuse Phase 1 Project (GREAT Program – Phase 1 Project), Order No.
R4-2008-0083 as amended by Order No. R4-2011-0079, Order No. R4-2011-0079-A01, and Order No. R4-2011-0079-A02, File No. 64-104 and File No. 08-070, CI-9456.
VIII. RECEIVING WATER MONITORING REQUIREMENTS
The City of Oxnard has been monitoring receiving water at Discharge Point 001 since 1999. Local receiving water trends over the 10-kilometer sample grid have generally remained steady and the 20-year record of data shows the Oxnard discharge plume is not sufficiently large to impact regional trends. Based on the most recent information from the federally-funded Southern California Coastal Ocean Observing System (SCCOOS), the Central Bight Cooperative Water Quality Survey is complete and no additional water quality monitoring is required at this time. Due to this reduction in regional water quality monitoring, this Order reduces the area sampled to improve information on the impact of the outfall and more accurately characterize the dilution which takes place at the outfall. However, the City of Oxnard shall continue to participate on the Central Bight Cooperative Water Quality Survey steering committee and provide assistance should this cooperative program undertake analysis of the collected data to contribute to a regional understanding of seasonal patterns in water column structure.
Receiving water shall continue to be monitored for local offshore water quality, shoreline bacteria, infaunal benthic community, sediment chemistry and toxicity, regional benthic health, local fish and macroinvertebrate population and tissue, regional fish and macroinvertebrate health, local seafood safety, regional seafood safety, and kelp bed health. If annual reporting and comparative studies identify unanticipated water quality trends at the smaller one-kilometer grid size, the wider sample grid may be reinstated. All receiving water stations shall be located by state-of-the-art navigational methods (e.g. Differential Global Positioning System or DGPS); other means (e.g. visual triangulation, fathometer readings) may be used to improve the accuracy of locating stations. Water quality measurements are made with a Conductivity, Temperature and Depth Instrument (CTD), which also measures other parameters such as pH and light transmissivity.
Table E-7. Schedule for Receiving Water Monitoring Requirements Monitoring Number Type
R4-2013-
0094
Frequency
R4-2018-
0140
Frequency
Reporting
Local offshore water quality 25 CTD, ammonia,
bacteria
-- Quarterly Annually
Regional offshore water quality 48 CTD and SCCWRP
support
Quarterly --- --
Bacteria/ammonia offshore
water quality
18/ three
depths
Bacteria, ammonia Quarterly -- --
Shoreline 9 Bacteria Quarterly Quarterly Annually
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Monitoring Number Type
R4-2013-
0094
Frequency
R4-2018-
0140
Frequency
Reporting
Local Benthic Infaunal
community
7 Community and
population
Annually Year two Year three
Local Sediment chemistry 7 Chemistry Annually Year two Year two Sediment toxicity 2 Amphipod Annually Year two Year two Regional Benthic SCCWRP support only 2013 2018, 2023 SCCWRP Local fish macroinvertebrate 3 Population Annually Year two Year two Local fish macroinvertebrate 3 Tissue Annually Year two Year two Local bagged mussels 3 Tissue Special Study Year four Year four Regional fish and
macroinvertebrate
SCCWRP support only 2013 2018, 2023 SCCWRP
Local seafood safety 5 species
in 3
zones
Test against
consumption
advisories
Year one,
three and five
Year four Year four
Regional seafood safety SCCWRP support only 2013 2018, 2023 SCCWRP Kelp bed monitoring SCCWRP support only 2013 2018, 2023 SCCWRP
A. Water Quality Monitoring
Water quality monitoring is designed to determine if Ocean Plan and Basin Plan objectives for physical and chemical parameters and bacteria are being met. Water quality data will be collected to provide the information necessary to demonstrate compliance with the water quality standards and to contribute to the Bight’18 and Bight’23 regional monitoring programs, led by SCCWRP. Sample collection for water quality monitoring shall follow protocols described in the most current edition of the Field Operations Manual for Marine Water- Column, Benthic, and Trawl Monitoring in Southern California, SCCWRP. Water quality data shall be analyzed to estimate spatial extent and movement of the wastewater plume over time. Changes in monitoring measurements shall be quantified each year, contrasted with the previous five years, and summarized annually.
1. Inshore/Offshore Monitoring - The Discharger shall monitor receiving water quality quarterly at 25 new core Receiving Water Column Monitoring Stations from A001 to E005 (Table E-2 and Attachment B-4) as follows.
Table E-8. Offshore Receiving Water Monitoring Requirements Parameter Units Sample Type
Minimum
Sampling
Frequency
Required
Analytical Test
Method
Dissolved oxygen mg/L continuous profile quarterly 2
Water temperature °C continuous profile quarterly 2
Light transmittance % transmittance continuous profile quarterly 18 Salinity ppt continuous profile quarterly 2
18 Light transmittance (transmissivity) shall be measured with a transmissometer, using equipment and procedure similar to that described by L.V. Whitney [Transmission of Solar Energy and the Scattering Produced by Suspensoids in Lake Waters, Transactions of the Wisconsin Academy of Sciences, Arts, and Letters, Vol. 31 (1938)]. Results shall be expressed as the percent of light transmittance. Path length of transmissometer should be noted.
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Parameter Units Sample Type
Minimum
Sampling
Frequency
Required
Analytical Test
Method
pH pH units continuous profile quarterly 2
Chlorophyll a g/L continuous profile quarterly 2
Visual observations --- --- quarterly 19
Total coliform MPN or CFU/100
mL
grab, surface and
mid-depth and near
bottom20
quarterly 2
Fecal coliform MPN or CFU/100
mL
grab, surface and
mid-depth and near
bottom 20
quarterly 2
Enterococcus MPN or CFU/100
mL
grab, surface and
mid-depth and near
bottom 20
quarterly 2
Ammonia nitrogen mg/L grab, surface and
mid-depth and near
bottom20
quarterly 2
Concurrent with the CTD profiling survey, discrete samples shall be collected quarterly for ammonia and fecal coliform, total coliform and Enterococcus at the surface, mid depth and near the bottom (or as deep as practicable for those stations located in depths less than 45 m). Sampling for bacteria is necessary to ensure the bacteria discharged at the outfall do not survive marine conditions and do not contribute to the bacteria identified by shoreline monitoring.
2. Shoreline Monitoring - The Discharger shall monitor receiving water quality at nine Ventura County Shoreline Bacteriological Monitoring Stations listed in Attachment B-8 for the constituents that follow:
19 Observations of wind (direction and speed), weather (e.g., cloudy, sunny, or rainy), current (e.g., direction), and tidal conditions (e.g., high or low tide) shall be made and recorded (every four hours during offshore sampling) at the time samples of the waters of the Pacific Ocean (shore, nearshore, and all offshore stations) are collected.
Observations of water color, discoloration, oil and grease, turbidity, odor, materials of sewage origin in the water or on the beach, and unusual or abnormal amounts of floating or suspended matter in the water or on the beach, rocks and jetties, or beach structures shall also be made and recorded at stations or while in transit. T he character and extent of such matter shall be described. The dates, times and depths of sampling and these observations shall also be reported.
20 Bottom sampling shall be done 2.0 m (6.6 ft) above the seabed.
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Table E-9. Shoreline Receiving Water Monitoring Requirements for Bacteria Parameter Units Sample Type Minimum Sampling
Frequency
Required
Analytical
Test Method
Total coliform MPN or CFU/100 mL grab quarterly 2
Fecal coliform MPN or CFU/100 mL grab quarterly 2
Enterococcus MPN or CFU/100 mL grab quarterly 2
Visual observations shall be recorded when bacteriological samples are collected.
Monitoring at these nine stations is conducted for the purposes of public health assessment and to ensure protection for public recreational use of coastal ocean waters, and the results are not intended for use as compliance sites for OWTP, unless offshore bacteria monitoring demonstrates the outfall bacteria persist to the shoreline. In the event of stormy weather that makes sampling hazardous or impractical, these samples can be rescheduled.
B. Benthic Monitoring
Benthic monitoring includes infauna and sediment sampling. The data collected are used for the regular assessment of trends in sediment contamination and biological response along a fixed grid of sites within the influence of the discharge.
1. Local Benthic Monitoring - This survey is designed to determine if benthic conditions under the influence of the discharge are changing over time.
The Discharger shall monitor infauna, sediment chemistry and sediment toxicity at 7 receiving water benthic monitoring stations of RWS-001 to RWS-007 in year two of the permit and report changes in the conditions as compared to the historic and the most recent receiving water reports (See Table E-3 and Attachment B-5) in the year three annual report.
a. Infaunal Community Survey - These stations shall be sampled for benthic infauna21 during late summer (August/ September). Bottom samples for benthic infaunal analyses shall be taken at each benthic station prior to trawl sampling. The following determinations shall be made at each station, where appropriate; i. Identificiation of all organisms to lowest possible taxon (usualy species); and, ii. Total biomass of:
(a) Mollusks;
(b) Echinoderms;
(c) Annelids/polychaetes;
(d) Curstaceans; and,
(e) All other macroinvertebrates.
21 These bottom samples shall be taken by means of a 0.1 m2 (1.1 ft2) modified Van Veen sediment grab sampler.
The entire contents of each sample shall be passed through a 1.0 mm (0.039 in.) mesh screen to retrieve the benthic organisms. These organisms shall be fixed in 10% buffered formalin and tra nsferred to 70% ethanol within two to seven days for storage. All specimens retrieved shall be archived.
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iii. Community structure22 analysis for benthic influana for each station and each replicate. Mean, median, range, standard deviation, and 95% confidence limits, if appropriate, for values determined above. The Discharger may use other statistical tools sufficient to determine temporal and spatial trends in the marine environment.
b. Sediment Chemistry Survey -Testing shall be required for these parameters during late summer (August/ September). Bottom samples for sediment chemistry analyses shall be taken at each benthic station prior to trawl sampling. All benthic sediment samples shall be taken at each station by means of a 0.1 m2 (1.1 ft2) modified Van Veen sediment grab sampler. Sub-samples (upper two centimeters) of sediment from each sample shall be collected and analyzed separately for the following parameters at each station:
i. Total organic carbon (TOC) (mg/kg dry wt);
ii. Dissolved sulfides (water soluble) (mg/kg dry wt);
iii. Total Kjeldahl nitrogen (mg/kg dry wt);
iv. Grain size (sufficiently detailed to calculate percent weight in relation to phi size); and,
v. Arsenic; Cadmium; Chromium (total); Copper; Lead; Mercury; Nickel; Silver; Zinc; Cyanide; Phenolic compounds (non-chlorinated); Phenolic compounds (chlorinated); Total halogenated organic compounds; Aldrin and Dieldrin; Endrin; HCH; Chlordane and related compounds; Total DDT; DDT derivatives; Total PCB; PCB derivatives; Toxaphene; Total PAH; PAH derivatives. The data for these parameters shall be expressed in µg/kg dry weight. Additional testing shall be conducted such that a full priority pollutant scans is performed on the sediment samples.
c. Chronic Sediment Toxicity Survey - Sediment toxicity testing shall be conducted in August/September at the two receiving water sediment monitoring stations RWS-003 and RWS-007. Three replicate samples shall be collected for testing at each station.
Sub-samples (upper two centimeters) shall be taken from each sediment sample and tested for chronic toxicty. Testing shall be conducted using one of the three amphipod species Eohaustorius estuarius, Leptocheirus plumulosus, and Rhepoxynius abronius in accordance with EPA 600/R-94/0925 (USEPA, 1994), Methods for Assessing the Toxicity of Sediment-associated Contaminants with Estuarine and Marine Amphipods, and the Southern California Bight Project sediment toxicity testing guidelines (Bight ’18 Toxicology Committee, 2018). Test results shall be reported in percent survival, assessed for the presence of persistent toxicity, and included in the annual monitoring report. If persistent toxicity is observed at a sediment sampling location, a Phase I Toxicity Identification Evaluation (TIE) shall be conducted as defined in the Sediment Toxicity Identification (TIE) Phase I, II, and III Guidance Document (EPA/R-07/080). The Discharger shall submit a Sediment Toxicity TIE Work Plan within 90 days of the effective date of this
22 Community structure analysis of benthic infauna shall include number of species, number of individuals per species, total numerical abundance, species abundance per grab, species richness, species diversity (e.g., Shannon-Wiener), species evenness and dominance per station and replicate, similarity analyses (e.g., Bray - Curtis, Jaccard or Sorensen), cluster analyses (using unweighted pair-group method) or other appropriate multivariate statistical techniques approved by the Executive Officer of this Regional Water Board and the Infaunal Index.
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Order. The work plan shall define persistent toxicity and outline the procedures that will take place if persistent toxicity is observed.
2. Regional Benthic Monitoring - This regional survey is designed to determine the extent, distribution, magnitude and trend of ecological change in soft-bottom benthic habitats within the Southern California Bight and the relationship between biological response and contaminant exposure. The data collected will be used to assess the condition of the sea-floor environment and the health of the biological resources within the Bight.
A regional survey of sediment chemistry and benthic infauna within the Southern California Bight took place in 2013 (Bight’13). The final survey design was determined cooperatively by the participants represented on the Regional Steering Committee. The Discharger provided support to the Bight’13 benthic surveys in the following ways:
a. Participation on the Steering Committee
b. Participation on the relevant Technical Committees (e.g., Information Management, Field Methods and Logistics, Benthos and Chemistry)
c. Field sampling at sea
d. Infaunal sample analysis
e. Sediment chemistry analysis
f. Data management
The Discharger’s level of participation in previous Bight surveys has been consistent.
The same level of participation is expected in Bight’18 and Bight’23 surveys.
C. Fish and Invertebrate Monitoring
1. Local Fish and Macroinvertebrate Survey – This survey is designed to determine how the health of demersal fish and epibenthic invertebrate communities near the discharge point is changing over time. The data collected will be used for regular assessment of temporal trends in community structure and bioaccumulation along an array of sites within the influence of the discharge. Trash and debris data will also be collected to contribute to the Santa Monica Bay Restoration Project’s (SMBRP’s) Sources and Loadings Program. The Discharger shall monitor fish and macroinvertebrate at three receiving water trawling stations RWT-001, RWT-002 and RWT-003 in year two (See Table E-3). Mussels will be deployed for three months (September to December) at three fixed locations for bioaccumulation (see Attachment B-7) in year four. The monitoring requirements are as follows:
a. Local Fish and Macroinvertebrate Population Survey
i. Offshore trawling will occur in year two during August/September for demersal fish and epibenthic macroinvertebrates with trawl locations along sample lines A001 to A005 through E001 to E005 (see Table E-2 and Attachment B-7). ii. Trawling methods shall follow the protocols described in the most current edition of the Field Operations Manual for Marine Water-Column, Benthic, and Trawl Monitoring in Southern California, SCCWRP.
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iii. Fish and macroinvertebrates collected by trawls shall be identified to the lowest taxon possible. At all stations and for each replicate, community structure analysis for fish and macroinvertebrates23 shall be conducted for each station. iv. Mean, range, standard deviation, and 95% confidence limits, if appropriate, shall be reported for the values determined in the community structure analysis. The Discharger may use other statistical tools to determine temporal and spatial trends in the fish and macroinvertebrate population in the marine environment.
v. Abnormalities and disease symptoms shall be described and recorded (e.g., fin erosion, external lesions, tumors, ectoparasites, and color anomalies). The frequency of abnormalities and incidence of disease shall be compared between the Zone of Initial Dilution (ZID) boundary and the reference station, and trends in these values shall be measured over time. The results of this comparison shall be included in the monitoring report.
b. Bagged Mussel Tissue
i. Bags of mussels will be deployed on anchored arrays, in replicate, at three locations (SS1, SS2 and SS3) in the vicinity of the outfall for a period of three months, from July to December in year four of the permit. A set of control mussels will be frozen at the beginning of the three month deployment, held for three months and then analyzed along with the field deployed mussels. The field deployed mussels will be retrieved after three months, dissected and analyzed for contaminants.
ii. All mussle tissue samples shall be analyzed for wet weight and percent lipid. iii. Testing shall include analysis for: Arsenic; Cadmium; Chromium (total); Copper; Lead; Mercury; Nickel; Silver; Zinc; Cyanide; Phenolic compounds (non-chlorinated); Phenolic compounds (chlorinated); Total halogenated organic compounds; Aldrin and Dieldrin; Endrin; HCH; Chlordane and related compounds; Total DDT; DDT derivatives; Total PCB; PCB derivatives; Toxaphene; Total PAH; and PAH derivatives and all priority pollutants. iv. The data for these parameters shall be expressed in µg/kg dry weight.
2. Regional Fish and Macroinvertebrate Survey
This regional survey is designed to determine the extent, distribution, magnitude and trend of ecological change in demersal fish and epibenthic invertebrate communities within the Southern California Bight and the relationship between biological response and contaminant exposure. The data collected will be used to assess the condition of the seafloor environment and health of biological resources within the Bight.
23 Community structure analysis of fish and macroinvertebrates shall include wet weight of fish and macroinvertebrate species (when combined weight of individuals of one species exceeds 0.2 kg), standard length of each individual, number of species, number of individuals per species, total numerical abundance per station, number of individuals in each 1-cm size class for each species of fish, species abundance per trawl and per station, species richness, species diversity (e.g., Shannon-Wiener), species evenness, similarity analyses (e.g., Bray-Curtis, Jaccard or Sorensen), cluster analyses (using unweighted pair -group method) or other appropriate multivariate statistical techniques approved by the Executive Officer of the Regional Water Board..
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A regional survey of trawl-caught demersal fish and megabenthic invertebrates within the Southern California Bight took place in 2013 (Bight’13). The final survey design was determined cooperatively by the participants as represented on the Regional Steering Committee. The Discharger provided support to the Bight’13 surveys in the following ways:
a. Participation on the Steering Committee;
b. Participation on the relevant Technical Committees (e.g., Information Management, Field Methods and Logistics, Fish and Invertebrates);
c. Field sampling at sea;
d. Trawl sample analysis; and,
e. Data management
The Discharger’s level of participation in previous Bight surveys has been consistent.
The same level of participation is expected in the Bight ’18 and Bight ‘23 surveys.
D. Seafood Safety Monitoring
1. Local Seafood Safety Survey
This survey is designed to determine if tissue concentrations of contaminants exceed the Advisory Tissue Concentration (ATC) where seafood consumption advisories exist locally, and tissue contaminant trends relative to the ATC in other species and for other contaminants not currently subject to local consumption advisories. The data collected will be used to provide information necessary for the management of local seafood consumption advisories.
a. One species from each of five groups of fish (rockfish, kelpbass, sandbass, surfperches and croakers) shall be sampled from each of the three zones, no later than year four of the permit. For rockfishes, scorpionfish (Scorpaena guttata) is the preferred species, followed by bocaccio (Sebastes paucispinis) and then by any other abundant and preferably benthic rockfish species. For surfperches, black surfperch (Embiotoca jacksoni) is the preferred species, followed by white surfperch (Phanerodon furcatus) and then by walleye surfperch (Hyperprosopon argenteum).
For croakers, white croaker is the preferred species, followed by black croaker, and then by white seabass. If an insufficient number of croakers are collected and a significant effort has been made to collect the appropriate number of croakers, one of the following alternative species may be substituted: ocean whitefish (Caulolatilus princeps), opaleye (Girella nigricans), blacksmith (Chromis punctipinnis), or pacific mackerel (Scomber japonicus).
b. For fish tissue analysis, one composite sample of ten individuals of each target shall be collected within each of the three zones. Sampling should take place in late summer/early fall and should focus upon a consistent size class of fish. All tissue samples shall be analyzed for:
Table E-10. Seafood Safety Monitoring Requirements
Parameter Units Sample Type Minimum Sampling
Frequency
% moisture % composite of muscle tissue from 10
individuals of each of 5 species No later than year 4
% lipid % composite of muscle tissue from 10
individuals of each of 5 species No later than year 4
Arsenic g/kg composite of muscle tissue from 10 No later than year 4 Agreement No. 32400008
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Parameter Units Sample Type Minimum Sampling
Frequency
individuals of each of 5 species
Mercury g/kg composite of muscle tissue from 10
individuals of each of 5 species No later than year 4
Selenium g/kg composite of muscle tissue from 10
individuals of each of 5 species No later than year 4
DDT g/kg composite of muscle tissue from 10
individuals of each of 5 species No later than year 4
PCB as
aroclors g/kg composite of muscle tissue from 10
individuals of each of 5 species No later than year 4
PCB as
congeners g/kg composite of muscle tissue from 10
individuals of each of 5 species No later than year 4
2. Regional Seafood Safety Survey
This regional survey is designed to determine if seafood tissue levels within the Southern California Bight are below levels that ensure public safety. The data collected will be used to assess levels of contaminants in the edible tissue of commercial or recreationally important fish within the Bight relative to Advisory Tissue Concentrations.
Sampling Design - A regional survey of edible tissue contaminant levels in fish within the Southern California Bight shall be conducted at least once every ten years, encompassing a broader set of sampling sites and target species than those addressed in the local seafood survey. The objective is to determine whether any unexpected increases or decreases in contaminant levels have occurred in non-target species and/or at unsampled sites. The final survey design may be determined cooperatively by participants represented on a Regional Steering Committee or by the State of California’s Office of Environmental Health and Hazard Assessment. The Discharger shall provide support to a Regional Seafood Safety Survey by participating in or performing the following the following activities:
a. Participation on the Steering Committee;
b. Participation on the relevant Technical Committees (e.g., Information Management, Field Methods and Logistics, Fish and Invertebrates, Chemistry); c. Tissue chemical analysis; and,
d. Data management
This level of participation in the Bight’08 survey was consistent with that provided by the Discharger to the previous surveys. The next regional survey is expected to occur in 2018 and 2023, and the Discharger’s level of participation shall be consistent with that provided in previous surveys.
E. Kelp Bed Monitoring
This regional survey is designed to determine if the extent of kelp beds in the Southern California Bight is changing over time and if some beds are changing at rates different than others. The data collected in this regional survey will be used to assess the status and trends in kelp bed health and spatial extent.
The Discharger shall participate in the Central Region Kelp Survey Consortium (CRKSC) to conduct regional kelp bed monitoring in Southern California coastal waters. The CRKSC design is based upon quarterly measures of kelp canopy extent using aerial imaging. The Agreement No. 32400008
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Discharger shall participate in the management and technical committee's responsibility for the final survey design and shall provide financial support to help fund the survey based upon the number of participants in the study in an amount not to exceed a maximum of $10,000 per year. The information gained by the City through participation may be used to evaluate whether the discharge impacts kelp beds near the outfall.
IX. OTHER MONITORING REQUIREMENTS
A. Outfall and Diffuser Inspection
This survey is designed to ensure that the outfall structures are in serviceable condition and that they can continue to be operated safely. The data collected will be used for a periodic assessment of the integrity of the outfall pipe and ballasting system.
The ocean outfall (001) shall be inspected externally a minimum of once per year.
Inspections shall include general observations and photographic/videographic records of the outfall pipe and adjacent ballast ocean bottom. The pipe shall be visually inspected by a diver, manned submarine, or remotely operated vehicle. A summary report shall be submitted by August 1 of each year for the previous year. This written report, augmented with videographic and/or photographic images, will provide a description of the observed condition of the outfall structure from shallow water to the termini.
B. Biosolids and Sludge Management
The Discharger must comply with all Clean Water Act and regulatory requirements of 40 CFR § 257, 258, 501, and 503, including all applicable monitoring, record keeping, and reporting requirements.
X. REPORTING REQUIREMENTS
A. General Monitoring and Reporting Requirements
1. The Discharger shall comply with all Standard Provisions (Attachment D) related to monitoring, reporting, and recordkeeping.
2. If there is no discharge during any reporting period, the report shall so state.
3. Each monitoring report shall contain a separate section titled “Summary of Non- compliance” which discusses the compliance record and the corrective actions taken or planned that may be needed to bring the discharge into full compliance with waste discharge requirements. This section shall clearly list all non-compliance with discharge requirements as well as all excursions of effluent limitations.
4. The Discharger shall inform the Regional Water Board well in advance of any proposed construction or maintenance activity, or modification to the POTW that could potentially affect compliance with applicable requirements.
5. The date and time of sampling (as appropriate) shall be reported with the analytical values determined.
6. The laboratory conducting analyses shall be certified by the State Water Resources Control Board, Division of Drinking Water, Environmental Laboratory Accreditation Program (ELAP), in accordance with CWC section 13176, or approved by the Regional Water Board Executive Officer, in consultation with the State Water Board’s Quality Assurance Program, and USEPA for that particular parameter and must include quality assurance/quality control (QA/QC) data in their reports. A copy of the laboratory certification shall be provided each time a new/renewal certification is obtained from ELAP and must be submitted with the annual summary report. Each monitoring report must affirm in writing that: “All analyses were conducted at a laboratory certified for such Agreement No. 32400008
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analyses by the the State Water Resources Control Board, Division of Drinking Water, Environmental Laboratory Accreditation Program (ELAP), or approved by the Regional Water Board Executive Officer (in consultation with the State Water Board’s Quality Assurance Program), and in accordance with current USEPA guideline procedures or as specified in this MRP.”
7. Non-detect levels reported for the Oxnard Wastewater Treatment Plant effluent are generally higher than effluent limitations or water quality objectives for DDT, chlordane, PCBs and PAHs. Therefore, the Discharger shall strive for lower analytical detection levels than those specified in Appendix II of the 2015 Ocean Plan.
8. Upon request by the Discharger, the Regional Water Board, in consultation with the State Water Board’s Quality Assurance Program and/or USEPA, may establish an ML that is not contained in Appendix II of the 2015 Ocean Plan, to be included in the Discharger’s NPDES permit, in any of the following situations:
a. When the pollutant under consideration is not included in Appendix II; b. When the Discharger agrees to use a test method that is more sensitive than those specified in 40 CFR § 136 (most recent revision);
c. When the Discharger agrees to use an ML lower than those listed in Appendix II; d. When the Discharger demonstrates that the calibration standard matrix is sufficiently different from that used to establish the ML in Appendix II and proposes an appropriate ML for their matrix; or
e. When the Discharger uses a method whose quantification practices are not consistent with the definition of an ML. Examples of such methods are the USEPA- approved method 1613 for dioxins and furans, method 1624 for volatile organic substances, and method 1625 for semi-volatile organic substances. In such cases, the Discharger, Regional Water Board, State Water Board and USEPA shall agree on a lowest quantifiable limit, and that limit will substitute for the ML for reporting and compliance determination purposes.
9. Records and reports of marine monitoring surveys conducted to meet receiving water monitoring requirements shall include, at a minimum, the following information:
a. A description of climatic and receiving water characteristics at the time of sampling (weather observations, unusual or abnormal amounts of floating debris, discoloration, wind speed and direction, swell or wave action, time of sampling or measurements, tidal stage and height, etc.).
b. The date, exact place and description of sampling stations, including differences unique to each station (e.g., date, time, station location, depth, and sample type). c. A list of the individuals participating in field collection of samples or data and description of the sample collection and preservation procedures used in the various surveys.
d. A description of the specific method used for laboratory analysis, the date(s) the analyses were performed and the individuals participating in these analyses. e. An in-depth discussion of the results of the survey. All tabulations and computations shall be explained.
10. The Discharger shall arrange all reported data in a tabular format. The data shall be summarized to clearly illustrate whether the facility is operating in compliance with this Order.
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11. The Discharger shall attach a cover letter to the monitoring reports. The information contained in the cover letter shall clearly identify violations of the Order; discuss corrective actions taken or planned; and the proposed time schedule for corrective actions. Identified violations must include a description of the requirement that was violated and a description of the violation.
B. Self-Monitoring Reports (SMRs)
1. The Discharger shall electronically submit SMRs using the State Water Board’s California Integrated Water Quality System (CIWQS) Program website (http://www.waterboards.ca.gov/water_issues/programs/ciwqs/). The CIWQS website will provide additional information for SMR submittal in the event there will be a planned service interruption for electronic submittal.
2. The Discharger shall report in the SMR the results for all monitoring specified in this Order. The Discharger shall submit monthly, quarterly, semiannual, and annual SMRs including the results of all required monitoring using USEPA-approved test methods or other test methods specified in this Order. SMRs are to include all new monitoring results obtained since the last SMR was submitted. If the Discharger monitors any pollutant more frequently than required by this Order, the results of this monitoring shall be included in the calculations and reporting of the data submitted in the SMR.
3. Monitoring periods and reporting for all required monitoring shall be completed according to the following schedule, except where specific monitoring periods and reporting dates are required elsewhere in the Order.
Table E-11. Monitoring Periods and Reporting Schedule
Sampling
Frequency Monitoring Period Begins Monitoring Period SMR Due Date Continuous Permit effective date All Submit with monthly SMR
Daily Permit effective date
(Midnight through 11:59 PM) or
any 24-hour period that
reasonably represents a calendar
day for purposes of sampling.
Submit with monthly
SMR
Weekly
Sunday following Permit effective date
or on Permit effective date if on a
Sunday
Sunday through Saturday Submit with monthly
SMR
Monthly
First day of calendar month following
Permit effective date or on Permit
effective date if that date is first day of
the month
1st day of calendar month through
last day of calendar month
Submit with monthly
SMR
Quarterly
Closest of January 1, April 1, July 1, or
October 1 following (or on) Permit
effective date
January 1 to March 31
April 1 to June 30
July 1 to September 30
October 1 to December 31
By the 15th day of the
second month after
the month of
sampling
Semiannually Closest of January 1 or July 1 following
(or on) Permit effective date
January 1 to June 30
July 1 to December 31
May 15
November 15
Annually January 1 following (or on) Permit
effective date January 1 through December 31 August 15
4. Reporting Protocols. The Discharger shall report with each sample result the applicable reported Minimum Level (reported ML, also known as the Reporting Level, or RL) and the current Method Detection Limit (MDL), as determined by the procedure in 40 CFR §136.
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The Discharger shall report the results of analytical determinations for the presence of chemical constituents in a sample using the following reporting protocols:
a. Sample results greater than or equal to the reported ML shall be reported as measured by the laboratory (i.e., the measured chemical concentration in the sample).
b. Sample results less than the reported ML, but greater than or equal to the laboratory’s MDL, shall be reported as “Detected, but Not Quantified,” or DNQ. The estimated chemical concentration of the sample shall also be reported.
For the purposes of data collection, the laboratory shall write the estimated chemical concentration next to DNQ. The laboratory may, if such information is available, include numerical estimates of the data quality for the reported result. Numerical estimates of data quality may be percent accuracy (± a percentage of the reported value), numerical ranges (low to high), or any other means considered appropriate by the laboratory.
c. Sample results less than the laboratory’s MDL shall be reported as “Not Detected,” or ND.
d. Dischargers are to instruct laboratories to establish calibration standards so that the ML value (or its equivalent if there is differential treatment of samples relative to calibration standards) is the lowest calibration standard. At no time is the Discharger to use analytical data derived from extrapolation beyond the lowest point of the calibration curve.
5. Compliance Determination. Compliance with effluent limitations for reportable pollutants shall be determined using sample reporting protocols defined above and Attachment A of this Order. For purposes of reporting and administrative enforcement by the Regional Water Board and State Water Board, the Discharger shall be deemed out of compliance with effluent limitations if the concentration of the reportable pollutant in the monitoring sample is greater than the effluent limitation and greater than or equal to the reported Minimum Level (ML).
6. Multiple Sample Data. When determining compliance with a measure of central tendency (arithmetic mean, geometric mean, median, etc.) of multiple sample analyses and the data set contains one or more reported determinations of “Detected, but Not Quantified” (DNQ) or “Not Detected” (ND), the Discharger shall compute the median in place of the arithmetic mean in accordance with the following procedure:
a. The data set shall be ranked from low to high, ranking the reported ND determinations lowest, DNQ determinations next, followed by quantified values (if any). The order of the individual ND or DNQ determinations is unimportant. b. The median value of the data set shall be determined. If the data set has an odd number of data points, then the median is the middle value. If the data set has an even number of data points, then the median is the average of the two values around the middle unless one or both of the points are ND or DNQ, in which case the median value shall be the lower of the two data points where DNQ is lower than a value and ND is lower than DNQ.
7. The Discharger shall submit SMRs in accordance with the following requirements:
The Discharger shall arrange all reported data in a tabular format. The data shall be summarized to clearly illustrate whether the facility is operating in compliance with interim and/or final effluent limitations. The Discharger is not required to duplicate the Agreement No. 32400008
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submittal of data that is entered in a tabular format within CIWQS. When electronic submittal of data is required and CIWQS does not provide for entry into a tabular format within the system, the Discharger shall electronically submit the data in a tabular format as an attachment.
8. The Discharger shall attach a cover letter to the SMR. The information contained in the cover letter shall clearly identify violations of the waste discharge requirements; discuss corrective actions taken or planned; and the proposed time schedule for corrective actions. Identified violations must include a description of the requirement that was violated and a description of the violation.
C. Discharge Monitoring Reports (DMRs)
DMRs are USEPA reporting requirements. The Discharger shall electronically certify and submit DMRs together with SMRs using Electronic Self-Monitoring Reports module eSMR 2.5 or any upgraded version. Electronic DMR submittal shall be in addition to electronic SMR submittal. Information about electronic DMR submittal is available at the DMR website at:
<http://www.waterboards.ca.gov/water_issues/programs/discharge_monitoring>.
D. Other Reports
1. Pretreatment Report
The Discharger shall submit annual pretreatment reports to the Regional Water Board, with copies to the State Water Board, and USEPA Region 9, describing the Discharger's pretreatment activities over the period. The annual reports shall contain, but not be limited to, the information required in the attached Pretreatment Reporting Requirements (Attachment I), or an approved revised version thereof. If the Discharger is not in compliance with any conditions or requirements of this Order, the Discharger shall include the reasons for noncompliance and shall state how and when the Discharger will comply with such conditions and requirements.
An Enhanced Source Control study was completed in 2017 and the results will be used to improve the pretreatment program when modifications to the recycled water program include Indirect Potable Reuse (IPR). Resulting modifications to the pretreatment program shall be reported in the annual report.
2. The Discharger shall report the results of any special studies, chronic toxicity testing, TRE/TIE, Pollutant Minimization Program (PMP), and Pollution Prevention Plan required by Special Provisions – section VIII.B. The Discharger shall submit reports in compliance with SMR reporting requirements described in subsection X.B. above.
3. Annual Summary Report
By August 15 of each year, the Discharger shall submit an annual report containing a discussion of the previous year’s influent/effluent results (including the average and peak flow for the year), the date of the outfall inspection, and upgrades to the treatment plant’s collection system, the treatment processes, or the outfall system. The Discharger shall submit annual reports to the Regional Water Board in accordance with the requirements described in subsection X.B.7. above.
Each annual monitoring report shall contain a separate section titled “Reasonable Potential Analysis” which discusses whether or not reasonable potential was triggered for pollutants which do not have a final effluent limitation in the NPDES permit. This section shall contain the following statement: “The analytical results for this sampling period did/ did not trigger reasonable potential.” If reasonable potential was triggered, then the following information should also be provided:
Agreement No. 32400008
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CITY OF OXNARD ORDER R4-2018-0140
OXNARD WASTEWATER TREATMENT PLANT NPDES NO. CA0054097
ATTACHMENT E MONITORING AND REPORTING 10/11/2018 E-34
a. A list of the pollutant(s) that triggered reasonable potential; b. The Ocean Plan criteria that was exceeded for each given pollutant; c. The concentration of the pollutant(s);
d. The test method used to analyze the sample; and,
e. The date and time of sample collection.
The Discharger shall submit to the Regional Water Board, together with the first monitoring report required by this permit, a list of all chemicals and proprietary additives which could affect this waste discharge, including quantities of each. Any subsequent changes in types and/or quantities shall be reported promptly.
4. Receiving Water Monitoring Report
An annual summary of the receiving water monitoring data collected during each sampling year (January-December) shall be prepared and submitted so that it is received by the Regional Water Board by August 15 of the following year. The annual summary shall include data tables and a description of receiving water data.
A detailed Receiving Water Monitoring Biennial Assessment Report of the data collected during the two previous calendar sampling years (January-December) shall be prepared and submitted so that it is received by the Regional Water Board by September of every other year. Any effluent compliance issues during that period shall also be discussed.
This report shall include a description of the nearfield zone and an in-depth analysis of the biological and chemical data following the Model Monitoring Program Guidance Document (Schiff, K.C., J.S. Brown and S.B. Weisberg, 2001. Model Monitoring Program for Large Ocean Dischargers in Southern California. SCCWRP Tech. Rep #357.
Southern California Coastal Water Research Project, Westminster, CA. 101 pp.). Data shall be tabulated, summarized, graphed where appropriate, analyzed, interpreted, and generally presented in such a way as to facilitate ready understanding of its significance.
Spatial and temporal trends shall be examined and compared. The relationship of physical and chemical parameters shall be evaluated. See also Section VIII of this MRP.
All receiving water monitoring data shall be submitted in accordance with the California Environmental Data Exchange Network (CEDEN), when the system accepts data such as bioassessment /taxonomic data and continuous data. The Discharger shall submit all receiving water monitoring data in accordance with CEDEN, when feasible. An electronic copy of the receiving water document shall also be submitted to the CIWQS, the state electronic data repository.
The first assessment report shall be due August 15, 2020, and cover the sampling periods of January-December 2018 and January-December 2019. Subsequent reports shall be due August 15, 2022, and August 15, 2024, to cover sampling periods of January 2020-December 2021 and January 2022-December 2023, respectively.
5. Outfall Inspection Report
By August 1 of each year, a summary report of the outfall Inspection findings for the previous calendar year shall be prepared and submitted to the Regional Water Board.
This written report, augmented with videographic and/or photographic images, shall provide a description of the observed external condition of the discharge pipes from shallow water to their respective termini.
The first summary report shall be due August 1, 2020, covering the monitoring period from January 2019 – December 2019.
Agreement No. 32400008
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CITY OF OXNARD ORDER R4-2018-0140
OXNARD WASTEWATER TREATMENT PLANT NPDES NO. CA0054097
ATTACHMENT E MONITORING AND REPORTING 10/11/2018 E-35
6. Technical Report on Preventive and Contingency Plans The Regional Water Board requires the Discharger to file with the Regional Water Board, within 90 days after the effective date of this Order, a technical report on its preventive (failsafe) and contingency (cleanup) plans for controlling accidental discharges, and for minimizing the effect of such events. The technical report should:
a. Identify the possible sources of accidental loss, untreated waste bypass, and contaminated drainage. Loading and storage areas, power outage, waste treatment unit outage, and failure of process equipment, tanks, and pipes should be considered.
b. Evaluate the effectiveness of present facilities and procedures and state when they become operational.
c. Describe facilities and procedures needed for effective preventive and contingency plans.
d. Predict the effectiveness of the proposed facilities and procedures and provide an implementation schedule contingent interim and final dates when they will be constructed, implemented, or operational
Agreement No. 32400008
68 155
Public Works and Transportation Committee
June 13, 2023
City Council
June 29, 2023
Jan Hauser
Wastewater Division Manager
Trade Services Agreement 32400008 with
Aquatic Bioassay and Consulting Laboratories, Inc.
(ABC Labs) for Ocean Monitoring Services
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2 RECOMMENDATION
That the Public Works and Transportation Committee
recommend the City Council approve and authorize the Mayor to execute an agreement with Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs) for an amount not to exceed $1,850,000 for a five year term ending December 31, 2028 for ocean outfall monitoring services.
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3 RECOMMENDATION
That the City Council approve and authorize the Mayor to execute an agreement with Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs) for an amount not to exceed $1,850,000 for a five year term ending December 31, 2028 for ocean outfall monitoring services.
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• The Oxnard Regional Wastewater System operates under a National Pollution Discharge Elimination System (NPDES) Permit
• Issued by the California Regional Water Quality Control Board (RWQCB) - Los Angeles Region
• Identifies ocean monitoring requirements to discharge treated wastewater into the ocean
• Permit duration is 5 years
4 BACKGROUND
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• The NPDES permit requires the following testing/monitoring • Water quality monitoring
• Ocean acidification testing
• Benthic sediment monitoring
• Fish & invertebrate monitoring
• Kelp bed monitoring
• Outfall and Diffuser inspection
• T oxicity testing
• Seafood safety monitoring
• Annual requirements vary over the duration of the permit 5 BACKGROUND
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6 BACKGROUND
Water quality monitoring locations off the coast of Oxnard 161
7 BACKGROUND
Gathering of oceanic wildlife for testing/ monitoring
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• February 23, 2023 - Purchasing Department published RFP PW 23-89 for ocean monitoring services
• Proposals were due March 24, 2023
• Only one proposal was received from ABC Labs
• Work in this field is highly specialized
• Proposal reviewed by Buyer, Wastewater Division Manager, Operations Manager, Chief Operator, and Management Analyst • ABC Labs was determined to be qualified
• History performing requested services - over 30 years for the City • T echnical Competence
DISCUSSION
8 163
• T otal cost for this Agreement with ABC Labs shall not exceed $1,850,000 over the term of five years
• Funded using budgeted appropriations from the Wastewater Fund (611)
FINANCIAL IMPACT
9 ESTIMATED SPENDING PLAN
DIVISION FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 TOTAL Wastewater $550,000 $400,000 $280,000 $330,000 $290,000 $1,850,000 164
Questions?
165