Agenda packet — City Council and Concurrent Authorities, May 13, 2025 (part 2 of 7)

Adopted: October 5, 1979
Amended: May 12, 1980
Amended: January 23, 1987
Amended: October 7, 1988
Amended: March 1993
Amended: November 18, 1996
Amended: October 4, 2005
Amended: February 28, 2006
Amended: June 30, 2020

JOINT POWERS AGREEMENT

PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
This Agreement is executed in the State of California by and among those counties and public entities organized and existing under the Constitution of the State of California, which are parties signatory to this Agreement. Public Risk Innovation, Solutions, and Management (referred to herein as PRISM), formerly known as CSAC Excess Insurance Authority, was formed under the sponsorship of CSAC. California counties, hereinafter called member counties, and public entities, hereinafter called member public entities, (collectively “members”) shall be listed in Appendix A, which shall be attached hereto and made a part hereof.

RECITALS
WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and
WHEREAS, Article 16, Section 6 of the California Constitution provides that insurance pooling arrangements under joint exercise of power agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, California Government Code Section 990.4 provides that a local public entity may self-insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and
WHEREAS, pursuant to California Government Code Section 990.6, the cost of insurance provided by a local public entity is a proper charge against the local public entity; and WHEREAS, California Government Code Section 990.8 provides that two or more local entities may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and such pooling of self-insured claims or losses is not considered insurance nor subject to regulation under the Insurance Code; and WHEREAS, the counties and public entities executing this Agreement desire to join together for the purpose of jointly funding and/or establishing excess and other insurance programs as determined; NOW THEREFORE, the parties agree as follows:

ARTICLE 1

DEFINITIONS
“CSAC" shall mean the County Supervisors Association of California, dba California State Association of Counties.
"Board of Directors" or "Board" shall mean the governing body of PRISM. "Claim" shall mean a claim made against a member arising out of an occurrence, which is covered by an excess or primary insurance program of PRISM in which the member is a participant.

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"Executive Committee" shall mean the Executive Committee of the Board of Directors of PRISM.
"Fiscal year" shall mean that period of twelve months which is established by the Board of Directors as the fiscal year of PRISM.
"Government Code" shall mean the California Government Code. “Insurance program” or “program” shall mean a program which has been designated as a major program of PRISM under which participating members are protected against designated losses, either through joint purchase of primary or excess insurance, pooling of self-insured claims or losses, purchased insurance or any other combination as determined by the Board of Directors. The Board of Directors, the Executive Committee, or a program’s governing committee may determine applicable criteria for determining eligibility in any insurance program, as well as establishing program policies and procedures.
"Joint powers law" shall mean Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code.
"Loss" shall mean a liability or potential liability of a member, including litigation expenses, attorneys' fees and other costs, which is covered by an insurance program of PRISM in which the member is a participant.
"Member county" shall mean any county in the State of California which has executed this Agreement and become a member of PRISM. "Member County" shall also include those entities or other bodies set forth in Article 3 (c).
“Member Public Entity” shall mean any California public entity, which is not a California county, which has executed this Agreement, and become a member of PRISM, “Member Public Entity” shall also include those entities or other bodies set forth in Article 3(c). “Miscellaneous Program” is an insurance program of PRISM that does not involve pooling of self-insured claims or losses and may be made available to members as well as non-member public entities that are not a party to this Agreement.
"Occurrence" shall mean an event which is more fully defined in the memorandums of coverage and/or policies of an insurance program in which the participating county or participating public entity is a member.
"Participating county" shall mean any member county which has entered into a program offered by PRISM pursuant to Article 14 of this Agreement and has not withdrawn or been canceled therefrom pursuant to Articles 20 or 21.
“Participating public entity” shall mean any member public entity which has entered into a program offered by PRISM pursuant to Article 14 of this Agreement and has not withdrawn or been canceled therefrom pursuant to Articles 20 or 21.
"Self-insured retention" shall mean that portion of a loss resulting from an occurrence experienced by a member, which is retained as a liability or potential liability of the member and is not subject to payment by PRISM.
"Reinsurance" shall mean insurance purchased by PRISM as part of an insurance program to cover that portion of any loss, which exceeds the joint funding capacity of that program.

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ARTICLE 2

PURPOSES
This Agreement is entered into by the member counties and member public entities in order to jointly develop and fund insurance programs as determined. Such programs may include, but are not limited to, the creation of joint insurance funds, including primary and excess insurance funds, the pooling of self-insured claims and losses, purchased insurance, including reinsurance, and the provision of necessary administrative services. Such administrative services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services.

ARTICLE 3

PARTIES TO AGREEMENT
(a) There shall be two classes of membership of the parties pursuant to this Agreement consisting of one class designated as Member Counties and another class designated as Member Public Entities.
(b) Each member county and member public entity, as a party to this Agreement, certifies that it intends to and does contract with all other members as parties to this Agreement and, with such other members as may later be added as parties to this Agreement pursuant to Article 19 as to all programs of which it is a participating member. Each member also certifies that the removal of any party from this Agreement, pursuant to Articles 20 or 21, shall not affect this Agreement or the member’s obligations hereunder. (c) A member for purposes of providing insurance coverage under any program of PRISM, may contract on behalf of, and shall be deemed to include:

Any public entity as defined in Government Code § 811.2 which the member requests to be added and from the time that such request is approved by the Executive Committee of PRISM.

Any nonprofit entity, including a nonprofit public benefit corporation formed pursuant to Corporations Code §§ 5111, 5120 and, 5065, which the member requests to be added and from the time that such request is approved by the Executive Committee. (d) Any public entity or nonprofit so added shall be subject to and included under the member’s SIR or deductible, and when so added, may be subject to such other terms and conditions as determined by the Executive Committee. (e) Such public entity or nonprofit shall not be considered a separate party to this Agreement. Any public entity or nonprofit so added, shall not affect the member’s representation on the Board of Directors and shall be considered part of and represented by the member for all purposes under this Agreement.
(f) The Executive Committee shall establish guidelines for approval of any public entity or nonprofit so added in accordance with Article 3(c) and (d). (g) Should any conflict arise between the provisions of this Article and any applicable Memorandum of Coverage or other document evidencing coverage, such Memorandum of Coverage or other document evidencing coverage shall prevail.

ARTICLE 4
TERM
This Agreement shall continue in effect until terminated as provided herein.

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ARTICLE 5

CREATION OF PRISM
Pursuant to the joint powers law, there is hereby created a public entity separate and apart from the parties hereto, to be known as Public Risk Innovation, Solutions, and Management (“PRISM”), with such powers as are hereinafter set forth.

ARTICLE 6

POWERS OF PRISM
PRISM shall have all of the powers common to General Law counties in California, such as Alpine County and all additional powers set forth in the joint powers law, and is hereby authorized to do all acts necessary for the exercise of said powers. Such powers include, but are not limited to, the following:
(a) To make and enter into contracts.
(b) To incur debts, liabilities, and obligations.
(c) To acquire, hold, or dispose of property, contributions and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities.
(d) To sue and be sued in its own name, and to settle any claim against it. (e) To receive and use contributions and advances from members as provided in Government Code Section 6504, including contributions or advances of personnel, equipment, or property.
(f) To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5.
(g) To allow non-member public entities and non-member counties to participate in Miscellaneous Programs and for risk management services to be provided to nonmember counties and non-member public entities including out-of-state participants in a PRISM program.
(h) To carry out all provisions of this Agreement.

Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law.

ARTICLE 7

BOARD OF DIRECTORS
PRISM shall be governed by the Board of Directors, which shall be composed as follows:
(a) One director from each member county, appointed by the member county board of supervisors and serving at the pleasure of that body. Each member county board of supervisors shall also appoint an alternate director who shall have the authority to attend, participate in and vote at any meeting of the Board of Directors when the director is absent. A director or alternate director shall be a county supervisor, other county official, or staff person of the member county, and upon termination of office or employment with the county, shall automatically terminate membership or alternate membership on the Board of Directors.
(b) Ten directors consisting of seven directors and three alternate directors chosen in the manner specified in the Bylaws from those participating as public entity members. A director or alternate public entity director shall be an official, or staff person of the public

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entity member, and upon termination of office or employment with the public entity, shall automatically terminate membership or alternate membership on the Board of Directors. (c) Member county directors shall consist of a minimum of 80% of the eligible voting members on the Board of Directors. The public entity member directors shall be reduced accordingly to ensure at least 80% of the Board of Directors consists of county director members (By way of example, if the number of county members is reduced from the current 54 by member withdrawals to a level of 28, then county members would be at the 80% level, 28/35. If the county members go to 27, then the public entity members would lose one seat and would only have 6 votes).

Any vacancy in a county director or alternate director position shall be filled by the appointing county's board of supervisors, subject to the Provisions of this Article. Any vacancy in a public entity director position shall be filled by vote of the public entity members.

A majority of the membership of the Board of Directors shall constitute a quorum for the transaction of business. Each member of the Board of Directors shall have one vote.

Except as otherwise provided in this Agreement or any other duly executed agreement of the members, all actions of the Board of Directors shall require the affirmative vote of a majority of the members; provided, that any action which is restricted in effect to one of PRISM's insurance programs, shall require the affirmative vote of a majority of those Board of Directors members who represent counties and public entities participating in that program. For purposes of an insurance program vote, to the extent there are public entity members participating in a program, the public entity Board of Directors members as a whole shall have a minimum of one vote. The public entity Board of Directors members may in no event cast more votes than would constitute 20% of the number of total county members in that program (subject to the one vote minimum). Should the number of public entity Board of Directors votes authorized herein be less than the number of public entity Board of Directors members at a duly noticed meeting, the public entity Board of Directors members shall decide among themselves, which Board of Directors member shall vote. Should they be unable to decide, the President of PRISM shall determine which director(s) shall vote.

ARTICLE 8

POWERS OF THE BOARD OF DIRECTORS
The Board of Directors shall have the following powers and functions:
(a) The Board of Directors shall exercise all powers and conduct all business of PRISM, either directly or by delegation to other bodies or persons unless otherwise prohibited by this Agreement, or any other duly executed agreement of the members or by law. (b) The Board of Directors may adopt such resolutions as deemed necessary in the exercise of those powers and duties set forth herein.
(c) The Board of Directors shall form an Executive Committee, as provided in Article 11.

The Board of Directors may delegate to the Executive Committee and the Executive Committee may discharge any powers or duties of the Board of Directors except adoption of PRISM's annual budget. The powers and duties so delegated shall be specified in resolutions adopted by the Board.
(d) The Board of Directors may form, as provided in Article 12, such other committees as it deems appropriate to conduct the business of PRISM. The membership of any such other committee may consist in whole or in part of persons who are not members of the Board of Directors.

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(e) The Board of Directors shall elect the officers of PRISM and shall appoint or employ necessary staff in accordance with Article 13.
(f) The Board of Directors shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of PRISM. Adoption of the budget may not be delegated.
(g) The Board of Directors shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each insurance program of PRISM, including all provisions for reinsurance and administrative services necessary to carry out such program. (h) The Board of Directors, directly or through the Executive Committee, shall provide for necessary services to PRISM and to members, by contract or otherwise, which may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal services.
(i) The Board of Directors shall provide general supervision and policy direction to the Chief Executive Officer.
(j) The Board of Directors shall receive and act upon reports of the committees and the Chief Executive Officer.
(k) The Board of Directors shall act upon each claim involving liability of PRISM, directly or by delegation of authority to the Executive Committee or other committee, body or person, provided, that the Board of Directors shall establish monetary limits upon any delegation of claims settlement authority, beyond which a proposed settlement must be referred to the Board of Directors for approval.
(l) The Board of Directors may require that PRISM review, audit, report upon, and make recommendations with regard to the safety or claims administration functions of any member, insofar as those functions affect the liability or potential liability of PRISM. The Board of Directors may forward any or all such recommendations to the member with a request for compliance and a statement of potential consequences for noncompliance. (m) The Board of Directors shall receive, review and act upon periodic reports and audits of the funds of PRISM, as required under Articles 15 and 16 of this Agreement. (n) The Board of Directors may, upon consultation with a casualty actuary, declare that any funds established for any program has a surplus of funds and determine a formula to return such surplus to the participating counties and participating public entities, which have contributed, to such fund.
(o) The Board of Directors shall have such other powers and duties as are reasonably necessary to carry out the purposes of PRISM.

ARTICLE 9

MEETINGS OF THE BOARD OF DIRECTORS
(a) The Board of Directors shall hold at least one regular meeting each year and shall provide for such other regular meetings and for such special meetings as it deems necessary.
(b) The Chief Executive Officer of PRISM shall provide for the keeping of minutes of regular and special meetings of the Board of Directors, and shall provide a copy of the minutes to each member of the Board of Directors at the next scheduled meeting. (c) All meetings of the Board of Directors, the Executive Committee and such committees as established by the Board of Directors pursuant to Article 12 herein, shall be called,

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noticed, held and conducted in accordance with the provisions of Government Code Section 54950 et seq.

ARTICLE 10

OFFICERS
The Board of Directors shall elect from its membership a President and Vice President of the Board, to serve for one-year terms.

The President, or in his or her absence, the Vice President, shall preside at and conduct all meetings of the Board of Directors and shall chair the Executive Committee.

ARTICLE 11

EXECUTIVE COMMITTEE
The Board of Directors shall establish an Executive Committee of the Board of Directors, which shall consist of eleven members: the President and Vice President of the Board of Directors, and nine members elected by the Board of Directors from its membership.

The terms of office of the nine non-officer members shall be as provided in the Bylaws of PRISM.

The Executive Committee shall conduct the business of PRISM between meetings of the Board of Directors, exercising all those powers as provided for in Article 8, or as otherwise delegated to it by the Board.

ARTICLE 12

COMMITTEES
The Board of Directors may establish committees, as it deems appropriate to conduct the business of PRISM. Members of the committees shall be appointed by the Board of Directors, to serve two year terms, subject to reappointment by the Board of Directors. The members of each committee shall annually select one of their members to chair the Committee.

Each committee shall be composed of at least five members and shall have those duties as determined by the Board of Directors, or as otherwise set forth in the Bylaws.

Each committee shall meet on the call of its chair, and shall report to the Executive Committee and the Board of Directors as directed by the Board of Directors.

ARTICLE 13
STAFF
(a) Principal Staff. The Chief Executive Officer shall be appointed by and serve at the pleasure of the Board of Directors. The Chief Executive Officer shall serve as the Board Secretary and administer the business and activities of PRISM, subject to the general supervision and policy direction of the Board of Directors and Executive Committee; shall be responsible for all minutes, notices and records of PRISM and shall perform such other duties as are assigned by the Board and Executive Committee. (b) Treasurer and Auditor. Pursuant to Government Code Section 6505.6, the Chief Financial Officer shall serve as the Treasurer/Auditor. The duties of the Treasurer are set forth in Article 16 of this Agreement. The Chief Financial Officer shall draw warrants to pay demands against PRISM. The Chief Financial Officer shall comply with the provisions of Government Code Section 6505.5 (a-d) and shall be appointed by and serve at the pleasure of the Chief Executive Officer.
(c) Other Staff. The Board of Directors, Executive Committee or Chief Executive Officer shall provide for the appointment of such other staff as may be necessary for the administration of PRISM.

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ARTICLE 14

DEVELOPMENT, FUNDING AND IMPLEMENTATION

OF INSURANCE PROGRAMS
(a) Program Coverage. Insurance programs of PRISM may provide coverage, including excess insurance coverage for:
(1) Workers' compensation;
(2) Comprehensive liability, including but not limited to general, personal injury, contractual, public officials errors and omissions, and incidental malpractice liability;
(3) Comprehensive automobile liability;
(4) Hospital malpractice liability;
(5) Property and related programs;
and may provide any other coverages authorized by the Board of Directors. The Board of Directors shall determine, for each such program, a minimum number of participants required for program implementation and may develop specific program coverages requiring detailed agreements for implementation of the above programs.
(b) Program and PRISM Funding. The members developing or participating in an insurance program shall fund all costs of that program, including administrative costs, as hereinafter provided. Costs of staffing and supporting PRISM, hereinafter called PRISM general expenses, shall be equitably allocated among the various programs by the Board of Directors, and shall be funded by the members developing or participating in such programs in accordance with such allocations, as hereinafter provided. In addition, the Board of Directors may, in its discretion, allocate a share of such PRISM general expense to those members, which are not developing or participating in any program, and require those counties and public entities to fund such share through a prescribed charge.
(1) Annual Premium. Except as provided in (2) below, all post-development costs of an insurance program shall be funded by annual premiums charged to the members participating in the program each policy year, and by interest earnings on the funds so accumulated. Such premiums shall be determined by the Board of Directors or the program’s governing committee upon the basis of a cost allocation plan and rating formula developed by PRISM with the assistance of a casualty actuary, risk management consultant, or other qualified person. The premium for each participating member shall include that participant’s share of expected program losses including a margin for contingencies as determined by the Board of Directors, program reinsurance costs, and program administrative costs for the year, plus that participant’s share of PRISM general expense allocated to the program by the Board of Directors.
(2) Premium Surcharge
(i) If PRISM experiences an unusually large number of losses under a program during a policy year, such that notwithstanding reinsurance coverage for large individual losses, the joint insurance funds for the program may be exhausted before the next annual premiums are due, the Board of Directors or the program’s governing committee may, upon consultation with a casualty actuary, impose premium surcharges on all participating members; or

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(ii) If it is determined by the Board of Directors or the program’s governing committee, upon consultation with a casualty actuary, that the joint insurance funds for a program are insufficient to pay losses, fund known estimated losses, and fund estimated losses, which have been incurred but not reported, the Board of Directors or the program’s governing committee may impose a surcharge on all participating members. (iii) Premium surcharges imposed pursuant to (i) and/or (ii) above shall be in an amount which will assure adequate funds for the program to be actuarially sound; provided that the surcharge to any participating member shall not exceed an amount equal to three (3) times the member’s annual premium for that year, unless otherwise determined by the Board of Directors or the program’s governing committee.

Provided, however, that no premium surcharge in excess of three times the member’s annual premium for that year may be assessed unless, ninety days prior to the Board of Directors taking action to determine the amount of the surcharge, PRISM notifies the governing body of each participating member in writing of its recommendations regarding its intent to assess a premium surcharge and the amount recommended to be assessed each member. PRISM shall, concurrently with the written notification, provide each participating member with a copy of the actuarial study upon which the recommended premium surcharge is based.
(iv) A member which is no longer a participating member at the time the premium surcharge is assessed, but which was a participating member during the policy year(s) for which the premium surcharge was assessed, shall pay such premium surcharges as it would have otherwise been assessed in accordance with the provisions of (i), (ii), and (iii) above.
(c) Program Implementation and Effective Date. Upon establishment of an insurance program by the Board of Directors, PRISM shall determine the manner of program implementation and shall give written notice to all members of such program, which shall include, but not be limited to: program participation levels, coverages and terms of coverage of the program, estimates of first year premium charges, effective date of the program (or estimated effective date) and such other program provisions as deemed appropriate.
(d) Late Entry Into Program. A member which does not elect to enter an insurance program upon its implementation, pursuant to (c) above, or a county or public entity which becomes a party to this Agreement following implementation of the program, may petition the Board of Directors for late entry into the program. Such request may be granted upon a majority vote of the Board of Directors members, plus a majority vote of those board members who represent participants in the program. Alternatively, a county or public entity may petition the Executive Committee for late entry into the program, or a program committee, when authorized by an MOU governing that specific program, may approve late entry into that program. Such request may be granted upon a majority vote of the Executive Committee or program committee.
(e) Reentry Into A Program. Except as otherwise provided in a Program Memorandum of Understanding, any county or public entity that is a member of an insurance program of PRISM who withdraws or is cancelled from an insurance program under Articles 21 and 22, may not reenter such insurance program for a period of three years from the effective date of withdrawal or cancellation.

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ARTICLE 15

ACCOUNTS AND RECORDS
(a) Annual Budget. PRISM shall annually adopt an operating budget pursuant to Article 8 of this Agreement, which shall include a separate budget for each insurance program under development or adopted and implemented by PRISM.
(b) Funds and Accounts. The Auditor of PRISM shall establish and maintain such funds and accounts as may be required by good accounting practices and by the Board of Directors. Separate accounts shall be established and maintained for each insurance program under development or adopted and implemented by PRISM. Books and records of PRISM in the hands of the Auditor shall be open to inspection at all reasonable times by authorized representatives of members.

PRISM shall adhere to the standard of strict accountability for funds set forth in Government Code Section 6505.
(c) Auditor's Report. The Auditor, within one hundred and eighty (180) days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Board and to each member.
(d) Annual Audit. Pursuant to Government Code Section 6505, PRISM shall either make or contract with a certified public accountant to make an annual fiscal year audit of all accounts and records of PRISM, conforming in all respects with the requirements of that section. A report of the audit shall be filed as a public record with each of the members and also with the county auditor of the county where the home office of PRISM is located and shall be sent to any public agency or person in California that submits a written request to PRISM. The report shall be filed within six months of the end of the fiscal year or years under examination. Costs of the audit shall be considered a general expense of PRISM.

ARTICLE 16

RESPONSIBILITIES FOR FUNDS AND PROPERTY
(a) The Treasurer shall have the custody of and disburse PRISM's funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board of Directors to perform that function, subject to the requirements of (b) below. (b) Pursuant to Government Code Section 6505.6, the Treasurer shall:
(1) Receive and acknowledge receipt for all funds of PRISM and place them in the treasury of the Treasurer to the credit of PRISM.
(2) Be responsible upon his or her official bond for the safekeeping and disbursements of all PRISM funds so held by him or her. (3) Pay any sums due from PRISM, as approved for payment by the Board of Directors or by any body or person to whom the Board of Directors has delegated approval authority, making such payments from PRISM funds upon warrants drawn by the Auditor.
(c) Pursuant to Government Code Section 6505.1, the Chief Executive Officer, the Treasurer, and such other persons as the Board of Directors may designate shall have charge of, handle, and have access to the property of PRISM. (d) PRISM shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in the form specified by the Board of Directors, covering all officers and staff of PRISM, and all officers and staff who are authorized to have charge of, handle, and have access to property of PRISM.

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ARTICLE 17

RESPONSIBILITIES OF MEMBERS
Members shall have the following responsibilities under this Agreement. (a) The board of supervisors of each member county shall appoint a representative and one alternate representative to the Board of Directors, pursuant to Article 7. (b) Each member shall appoint an officer or employee of the member to be responsible for the risk management function for that member and to serve as a liaison between the member and PRISM for all matters relating to risk management. (c) Each member shall maintain an active risk control program, and shall consider and act upon all recommendations of PRISM concerning the reduction of unsafe practices. (d) Each member shall maintain its own claims and loss records in each category of liability covered by an insurance program of PRISM in which the member is a participant, and shall provide copies of such records to PRISM as directed by the Board of Directors or Executive Committee, or to such other committee as directed by the Board of Directors or Executive Committee.
(e) Each member shall pay premiums and premium surcharges due to PRISM as required under Article 14. Penalties for late payment of such premiums and/or premium surcharges shall be as determined and assessed by the Board of Directors. After withdrawal, cancellation, or termination action under Articles 20, 21, or 23, each member shall pay promptly to PRISM any additional premiums due, as determined and assessed by the Board of Directors under Articles 22 or 23. Any costs incurred by PRISM associated with the collection of such premiums or other charges, shall be recoverable by PRISM.
(f) Each member shall provide PRISM such other information or assistance as may be necessary for PRISM to develop and implement insurance programs under this Agreement.
(g) Each member shall cooperate with and assist PRISM, and any insurer of PRISM, in all matters relating to this Agreement, and shall comply with all Bylaws, and other rules by the Board of Directors.
(h) Each member shall have such other responsibilities as are provided elsewhere in this Agreement, and as are established by the Board of Directors in order to carry out the purposes of this Agreement.

ARTICLE 18

ADMINISTRATION OF CLAIMS
(a) Subject to subparagraph (e), each member shall be responsible for the investigation, settlement or defense, and appeal of any claim made, suit brought, or proceeding instituted against the member arising out of a loss.
(b) PRISM may develop standards for the administration of claims for each insurance program of PRISM so as to permit oversight of the administration of claims by the members.
(c) Each participating member shall give PRISM timely written notice of claims in accordance with the provisions of the Bylaws and the applicable program Memorandum of Coverage.

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(d) A member shall not enter into any settlement involving liability of PRISM without the advance written consent of PRISM.
(e) PRISM, at its own election and expense, shall have the right to participate with a member in the settlement, defense, or appeal of any claim, suit or proceeding, which, in the judgment of PRISM, may involve liability of PRISM.

ARTICLE 19

NEW MEMBERS
Any California public entity may become a party to this Agreement and participate in any insurance program in which it is not presently participating upon approval of the Board of Directors, by a majority vote of the members, or by majority vote of the Executive Committee.

ARTICLE 20

WITHDRAWAL
(a) A member may withdraw as a party to this Agreement upon thirty (30) days advance written notice to PRISM if it has never become a participant in any insurance program pursuant to Article 14, or if it has previously withdrawn from all insurance programs in which it was a participant.
(b) After becoming a participant in an insurance program, a member may withdraw from that program only at the end of a policy year for the program, and only if it gives PRISM at least sixty (60) days advance written notice of such action.

ARTICLE 21

CANCELLATION
(a) Notwithstanding the provisions of Article 20, the Board of Directors may:
(1) Cancel any member from this Agreement and membership in PRISM, on a majority vote of the Board of Directors members. Such action shall have the effect of canceling the member’s participation in all insurance programs of PRISM as of the date that all membership is canceled.
(2) Cancel any member’s participation in an insurance program of PRISM, without canceling the member’s membership in PRISM or participation in other programs, on a vote of two-thirds of the Board of Directors members present and voting who represent participants in the program.

The Board of Directors shall give sixty (60) days advance written notice of the effective date of any cancellation under the foregoing provisions. Upon such effective date, the member shall be treated the same as if it had voluntarily withdrawn from this Agreement, or from the insurance program, as the case may be.
(b) Except as otherwise provided in a program Memorandum of Understanding, a member that does not enter one or more of the insurance programs developed and implemented by PRISM within the member’s first year as a member of PRISM shall be considered to have withdrawn as a party to this Agreement at the end of such period, and its membership in PRISM shall be automatically canceled as of that time, without action of the Board of Directors.
(c) A member which withdraws from all insurance programs of PRISM in which it was a participant and does not enter any program for a period of six (6) months thereafter shall be considered to have withdrawn as a party to the Agreement at the end of such period, and its membership in PRISM shall be automatically canceled as of that time, without action of the Board of Directors.

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ARTICLE 22

EFFECT OF WITHDRAWAL OR CANCELLATION
(a) If a member’s participation in an insurance program of PRISM is canceled under Article 21, with or without cancellation of membership in PRISM, and such cancellation is effective before the end of the policy year for that program, PRISM shall promptly determine and return to that member the amount of any unearned premium payment from the member for the policy year, such amount to be computed on a pro-rata basis from the effective date of cancellation.
(b) Except as provided in (a) above or as otherwise provided in a program Memorandum of Understanding, a member which withdraws or is canceled from this Agreement and membership in PRISM, or from any program of PRISM, shall not be entitled to the return of any premium or other payment to PRISM, or of any property contributed to PRISM.

However, in the event of termination of this Agreement, such member may share in the distribution of assets of PRISM to the extent provided in Article 23 provided; however, that any withdrawn or canceled member, which has been assessed a premium surcharge pursuant to Article 14 (b) (3) (ii) shall be entitled to return of said member’s unused surcharge, plus interest accrued thereon, at such time as the Board of Directors declares that a surplus exists in any insurance fund for which a premium surcharge was assessed. (c) Except as provided in (d) below, a member shall pay any premium charges, which the Board of Directors determines are due from the member for losses and costs incurred during the entire coverage year in which the member was a participant in such program regardless of the date of entry into such program. Such charges may include any deficiency in a premium previously paid by the member, as determined by audit under Article 14 (b) (2); any premium surcharge assessed to the member under Article 14 (b) (3); and any additional amount of premium, which the Board of Directors determines to be due from the member upon final disposition of all claims arising from losses under the program during the entire coverage year in which the member was a participant regardless of date of entry into such program. Any such premium charges shall be payable by the member in accordance with PRISM's invoice and payment policy. (d) Those members that have withdrawn or been canceled pursuant to Articles 20 and 21 from any program of PRISM during a coverage year shall pay any premium charges which the Board of Directors determines are due from the members for losses and costs which were incurred during the member’s participation in any program.

ARTICLE 23

TERMINATION AND DISTRIBUTION OF ASSETS
(a) A three-fourths vote of the total voting membership of PRISM, consisting of member counties, acting through their boards of supervisors, and the voting Board of Directors members from the member public entities, is required to terminate this Agreement; provided; however, that this Agreement and PRISM shall continue to exist after such election for the purpose of disposing of all claims, distributing all assets, and performing all other functions necessary to conclude the affairs of PRISM. (b) Upon termination of this Agreement, all assets of PRISM in each insurance program shall be distributed among those members which participated in that program in proportion to their cash contributions, including premiums paid and property contributed (at market value when contributed). The Board of Directors shall determine such distribution within six (6) months after disposal of the last pending claim or other liability covered by the program.
(c) Following termination of this Agreement, any member which was a participant in an insurance program of PRISM shall pay any additional amount of premium, determined by the Board of Directors in accordance with a loss allocation formula, which may be

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JPA, PRISM Amended: June 30, 2020

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necessary to enable final disposition of all claims arising from losses under that program during the entire coverage year in which the member was a participant regardless of the date of entry into such program.

ARTICLE 24

LIABILITY OF BOARD OF DIRECTORS, OFFICERS, COMMITTEE MEMBERS

AND LEGAL ADVISORS
The members of the Board of Directors, Officers, committee members and legal advisors to any Board of Directors or committees of PRISM shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be liable for any mistake of judgment or any other action made, taken or omitted by them in good faith, nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care, nor for loss incurred through investment of PRISM funds, or failure to invest.

No Director, Officer, committee member, or legal advisor to any Board of Directors or committee shall be responsible for any action taken or omitted by any other Director, Officer, committee member, or legal advisor to any committee. No Director, Officer, committee member or legal advisor to any committee shall be required to give a bond or other security to guarantee the faithful performance of their duties pursuant to this Agreement.

The funds of PRISM shall be used to defend, indemnify and hold harmless PRISM and any Director, Officer, committee member or legal advisor to any committee for their actions taken within the scope of the authority of PRISM. Nothing herein shall limit the right of PRISM to purchase insurance to provide such coverage, as is hereinabove set forth.

ARTICLE 25
BYLAWS
The Board of Directors may adopt Bylaws consistent with this Agreement, which shall provide for the administration and management of PRISM.

ARTICLE 26

NOTICES
PRISM shall address notices, billings and other communications to a member as directed by the member. Each member shall provide PRISM with the address to which communications are to be sent.

Members shall address notices and other communications to PRISM to the Chief Executive Officer of PRISM, at the office address of PRISM as set forth in the Bylaws.

ARTICLE 27

AMENDMENT
A two-thirds vote of the total voting membership of PRISM, consisting of member counties, acting through their boards of supervisors, and the voting Board of Directors members from member public entities, is required to amend this Agreement. However, the Executive Committee is authorized to make non-substantive, clerical amendments to the Agreement and does not need to obtain approval from the Board of Directors to make such amendments.

ARTICLE 28

EFFECTIVE DATE OF AMENDMENTS
Any amendment of this Agreement shall become effective upon the date specified by the Board of Directors and upon approval of any Amended Agreement as required in Article 27. Approval of any amendment by the voting boards of supervisors and public entity board members must take place no later than 30 days from the effective date specified by the Board of Directors.

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ARTICLE 29

PROHIBITION AGAINST ASSIGNMENT
No member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any member shall have any right, claim or title to any part, share, interest, fund, premium or asset of PRISM.

ARTICLE 30

AGREEMENT COMPLETE
This Agreement constitutes the full and complete Agreement of the parties.

ARTICLE 31

DISPUTE RESOLUTION
When a dispute arises between PRISM and a member, the following procedures are to be followed:
(a) Request for Reconsideration. The member will make a written request to PRISM for the appropriate Committee to reconsider their position, citing the arguments in favor of the member and any applicable case law that applies. The member can also, request a personal presentation to that Committee, if it so desires. (b) Committee Appeal. The committee responsible for the program or having jurisdiction over the decision in question will review the matter and reconsider PRISM’s position.

This committee appeal process is an opportunity for both sides to discuss and substantiate their positions based upon legal arguments and the most complete information available. If the member requesting reconsideration is represented on the committee having jurisdiction, that committee member shall be deemed to have a conflict and shall be excluded from any vote.
(c) Executive Committee Appeal. If the member is not satisfied with the outcome of the committee appeal, the matter will be brought to the Executive Committee for reconsideration upon request of the member. If the member requesting reconsideration is represented on the Executive Committee, that Executive Committee member shall be deemed to have a conflict and shall be excluded from any vote. (d) Arbitration. If the member is not satisfied with the outcome of the Executive Committee appeal, the next step in the appeal process is arbitration. The arbitration, whether binding or non-binding, is to be mutually agreed upon by the parties. The matter will be submitted to a mutually agreed arbitrator or panel of arbitrators for a determination. If Binding Arbitration is selected, then the decision of the arbitrator is final. Both sides agree to abide by the decision of the arbitrator. The cost of arbitration will be shared equally by the involved member and PRISM.
(e) Litigation. If, after following the dispute resolution procedure paragraphs a-d, either party is not satisfied with the outcome of the non-binding arbitration process, either party may consider litigation as a possible remedy to the dispute.

ARTICLE 32

FILING WITH SECRETARY OF STATE
The Chief Executive Officer of PRISM shall file a notice of this Agreement with the office of California Secretary of State within 30 days of its effective date, as required by Government Code Section 6503.5 and within 70 days of its effective date as required by Government Code Section 53051.

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IN WITNESS WHEREOF, the undersigned party hereto has executed this Agreement on the date indicated below.

DATE:____________________ MEMBER: ___________________________________ (Print Name of Member)
BY: ________________________________________
(Authorized signature of Member)
Seal:

ATTACHMENT A
318
Adopted: December 11, 1990
Effective: February 15, 1991
Amended: March 11, 2004
Amended: October 5, 2006
Amended: December 8, 2011
Amended: July 1, 2019

Page 1 of 5 ends

MEMORANDUM OF UNDERSTANDING
GENERAL LIABILITY PROGRAM 2
This Memorandum of Understanding is entered into by and between Public Risk Innovation, Solutions, and Management (hereinafter referred to as PRISM) and the participating members of the General Liability Program 2 (hereinafter referred to as “GL2”), consisting of counties and other public entities (hereinafter “Public Entity”) who are signatories to this Memorandum.

1. JOINT POWERS AGREEMENT. Except as otherwise provided herein, all terms used herein shall be as defined in Article 1 of the Joint Powers Agreement Creating PRISM (hereinafter referred to as "Agreement"). Provisions of any applicable coverage agreement and all other provisions of the Agreement not in conflict with this Memorandum shall be applicable.

2. PROGRAM COMMITTEE.

A. There is hereby established a GL2 Program Committee (hereinafter referred to as "GL2 Committee" or “Committee”) and, except as otherwise provided herein, said Committee shall have full authority to determine all matters affecting the participating members.

B. The GL2 Committee shall consist of all GL2 member counties of PRISM, with the committee member being that person designated as the county’s Board member for PRISM. In the event a county Committee member is not present at a meeting of the Committee, the County’s Alternate Board member may serve as the county’s alternate on the Committee. In addition to GL2 member counties, each GL2 public entity member shall be a member of the Committee, subject to the GL2 member counties maintaining a minimum of 60% of the eligible voting membership on the Committee. The GL2 public entity committee members shall be reduced accordingly to ensure at least 60% of the Committee consists of GL2 member counties. For example, based upon the 8 current GL2 member counties participating in the Program, all 3 current GL2 public entity members would have a seat on the Committee and maintain at least 60% representation by the GL2 member counties. If the number of GL2 member counties is reduced to 4, then the GL2 public entity members would lose one seat and have only 2 votes. GL2 public entity committee members shall be appointed by the Executive Committee and shall serve for a two-year term. Each GL2 public entity committee member shall designate an alternate to vote in their absence. The alternate must be an employee or elected or appointed official of the GL2 public entity committee member.

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General Liability 2 Program Amended: July 1, 2019
Memorandum of Understanding

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C. The GL2 Committee shall meet on the call of the Chair of the Committee as provided in Article 12 of the Agreement and Article VI of the Bylaws of PRISM (hereinafter referred to as the "Bylaws").

D. A majority of the members of the GL2 Committee shall constitute a quorum for the transaction of business. Except as otherwise provided herein, all actions of the GL2 Committee shall require the affirmative vote of a majority of the members of the Committee. Any meeting of the GL2 Committee shall be subject to the applicable provisions of Government Code § 54950 et seq., commonly known as the “Brown Act.”

3. PREMIUMS. The participating members, in accordance with the provisions of Article 14 of the Agreement, shall be assessed an annual premium for the purpose of funding the GL2 Program. Annual premium contributions, including Program administrative costs plus PRISM’s general expense allocated to the Program by the Board for the next policy period, shall be as established by the GL2 Committee upon consultation with the underwriters.

4. MEMBER SELF-INSURED RETENTIONS. The self-insured retention amounts of the members shall be established upon consultation with the underwriters and subject to approval by the GL2 Committee.

5. COST ALLOCATION. The method of allocating contributions to the GL2 Program shall be determined by the GL2 Committee upon consultation with underwriters.

6. FUNDING FOR CLAIMS.

A. At the GL2 Committee’s discretion, based on market conditions, exposures, and/or loss history, self-insured layers or aggregated retentions may be established for the GL2 Program for any policy period or combination of policy periods. If selfinsured and/or aggregated retention layers are established, such will be funded by contributions from the members participating in the self-insured and/or aggregated retention layers, as determined by the Committee. Funding for these layers shall be used exclusively for the payment of claims made against the participating members, including expenses, in accordance with the terms and conditions of the applicable Memorandum of Coverage.

B. Any self-insured and/or aggregated retention layers shall be fully funded by the participating members, and may, at the discretion of the GL2 Committee, be discounted for anticipated and/or earned investment earnings. Should such not be fully funded for any reason, pro-rata assessments may be made to the participating members pursuant to the provisions of Article 14.b.3. of the Agreement to ensure a 100% funding level.

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General Liability 2 Program Amended: July 1, 2019
Memorandum of Understanding

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7. DIVIDENDS. Notwithstanding Article 22.b. of the Agreement, if self-insured and/or aggregated retention layers are established and it is determined that funds remain after the payment of all claims, a dividend may be declared by the GL2 Committee. If a dividend is declared, the dividend shall be payable to the members participating in the layer, during the period in which there are excess funds, based on each member’s share of contributions to the applicable layer, regardless of whether the member is a participating member in the GL2 Program at the time the dividend is declared.

8. MEMORANDUM OF COVERAGE. A Memorandum of Coverage will be issued by PRISM evidencing membership in the GL2 Program and setting forth terms and conditions of coverage.

9. CLAIMS ADMINISTRATION. Each participating member is required to comply with PRISM’s Underwriting and Claims Administration Standards (including Addendum B - Liability Claims Administration Guidelines) as amended from time-to-time, and which are attached hereto as Exhibit A and incorporated herein.

10. CLAIMS REVIEW COMMITTEE. There is hereby established a GL2 Claims Review Committee (hereinafter referred to as "CRC2”) and, except as otherwise provided herein, the CRC2 shall have full authority to determine all matters affecting the settlement of claims for participating members in excess of the members’ respective SIRs. The CRC2 shall also have full authority to conduct business on any other matters that have been delegated to it by the GL2 Committee. The CRC2 shall review all claims arising out of the GL2 Program against members, which involve or may involve liability of PRISM. The CRC2 may settle claims in excess of the members’ SIRs in accordance with Article XI of PRISM’s Bylaws. The CRC2 Committee shall advise the GL2 Committee as to the nature and extent of claims adjusting and legal defense services necessary to protect the funds of PRISM, as to settlement of claims above its monetary limits which involve liability of PRISM, and such other functions as the GL2 Committee may direct. The GL2 Committee may appoint legal counsel or use County Counsel representatives to serve in an advisory capacity to the CRC2.

A. The GL2 Committee shall appoint members to the CRC2. Terms of service on the CRC2 will be through December 31st of the year of expiration or until the GL2 Committee makes new appointments at its meeting the following year, whichever is later.
i. The CRC2 shall be comprised of 7 members who participate in the GL2 Program, of which 5 are voting members and 2 are alternates who are eligible to vote at any meeting where a voting member is absent. For the first year of the Committee, 3 of the voting members will serve 2 year terms and the other 2 voting members will serve 1 year terms. After the completion of the first year of the CRC2, the 2 expiring terms will become 2 year terms thereafter. Alternate members serve one-year terms.

ATTACHMENT B
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General Liability 2 Program Amended: July 1, 2019
Memorandum of Understanding

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B. The CRC2 shall meet at regularly scheduled times and places or upon the call of the Chair. Written notice of regular meetings shall be in accordance with the provisions of Article III.(1)(c) of the Bylaws. Special meetings shall be called and noticed in accordance with the provisions of Article III.(2).

A majority of the members of the CRC2 shall constitute a quorum for the transaction of business. All actions of the CRC2 shall require the affirmative votes of a majority of the members at a meeting duly held at which a quorum is present.

C. Should a member disagree with the denial of a request for settlement authority, the member may appeal the decision to the GL2 Committee for reconsideration. If the Committee agrees with the CRC2’s decision, then the member may appeal the decision to the Executive Committee pursuant to subsection (c) of Article 31 of the Agreement and thereafter follow the steps laid out in that subsection.

11. APPLICATION TO THE PROGRAM.

A. All applications to join the GL2 Program will be evaluated by and subject to approval by the GL2 Committee and the underwriter.

B. Any entity which makes application to become a participating member of the GL2 Program who is not already a participating member in PRISM must also be approved in accordance with the provisions of Article 19 of the Agreement.

C. New participating members may be added to the GL2 Program during the term of the coverage period on a pro-rata basis. Notwithstanding late entry into the Program, the new member may be assessed additional sums pursuant to paragraph 6 herein, based upon all claims against the fund during the entire coverage period.

12. WITHDRAWAL AND/OR CANCELLATION FROM THE PROGRAM. Withdrawal and/or cancellation of a member from the GL2 Program shall be in accordance with the provisions of Article 20 or 21 of the Agreement, except that any interest or other dividend to which the withdrawing member is otherwise entitled shall be payable to the withdrawing member in accordance with paragraph 7 herein.

13. LATE PAYMENTS. Notwithstanding any other provision to the contrary regarding late payment of invoices or cancellation from a program, at the discretion of the Executive Committee, any member that fails to pay an invoice when due may be given a ten (10) day written notice of cancellation.

ATTACHMENT B
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General Liability 2 Program Amended: July 1, 2019
Memorandum of Understanding

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5/30/19

14. RESOLUTION OF DISPUTES. Any question or dispute with respect to the rights and obligations of the parties to this Memorandum regarding coverage shall be determined in accordance with the Article 31 of the Agreement, and may also be subject to approval of the underwriter.

15. AMENDMENT. This Memorandum may be amended by a majority vote of the GL2 Committee and signature on the Memorandum by the member’s designated representative who shall have authority to execute this Memorandum. Should a member of the GL2 Program fail to execute any amendment to this Memorandum within the time provided by the GL2 Committee, the member will be deemed to have withdrawn as of the end of the policy period.

16. COMPLETE AGREEMENT. Except as otherwise provided herein, this Memorandum constitutes the full and complete agreement of the members.

17. SEVERABILITY. Should any provision of this Memorandum be judicially determined to be void or unenforceable, such determination shall not affect any remaining provision.

18. EFFECTIVE DATE. This Memorandum shall become effective on the effective date of coverage for the member and upon approval by the GL2 Committee of any amendment, whichever is later.

19. EXECUTION IN COUNTERPARTS. This Memorandum may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument.

In witness whereof, the undersigned have executed this Memorandum as of the date set forth below.

Dated:

Public Risk Innovation, Solutions, and Management
Dated: ____________ ___________________________________________ Name, Position: ______________________________
Member Entity: _______________________________

ATTACHMENT B
323
Adopted: December 6, 1985
Last Amended: July 1, 2019

PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)

UNDERWRITING AND CLAIMS ADMINISTRATION STANDARDS
I. GENERAL
A. Each Member shall appoint an official or employee of the Member to be responsible for the risk management function and to serve as a liaison between the Member and PRISM for all matters relating to risk management.

B. Each Member shall maintain a loss prevention program and shall consider and act upon all recommendations of PRISM concerning the reduction of unsafe conditions.

II. EXCESS WORKERS' COMPENSATION PROGRAM
A. Members of the Excess Workers’ Compensation Program, except those members of the Primary Workers’ Compensation Program whose responsibilities are outlined in Section IV below, shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member.

1. The Member shall use only qualified personnel to administer its workers' compensation claims. At least one person in the claims office (whether in-house or outside administrator) shall be certified by the State of California as a qualified administrator of self-insured workers' compensation plans.

2. Qualified defense counsel experienced in workers’
compensation law and practice shall handle litigated claims.

Members are encouraged to utilize attorneys who have the designation “Certified Workers’ Compensation Specialist, the State Bar of California, Board of Legal Specialization”.

3. The Member shall use PRISM's Workers' Compensation Claims Administration Standards (Addendum A) and shall advise its claims administrator that these standards are utilized in PRISM's workers' compensation claims audits.

B. The Member shall provide PRISM written notice of any potential excess workers' compensation claims in accordance with the requirements of PRISM's Bylaws. Updates on such claims shall be provided pursuant to the reporting provisions of PRISM’s Workers’

EXHIBIT A

ATTACHMENT B
324
Compensation Claims Administration Standards (Addendum A) or as requested by PRISM and/or PRISM's excess carrier.

C. A claims administration audit utilizing PRISM's Workers' Compensation Claims Administration Standards (Addendum A) shall be performed once every two (2) years. In addition, an audit will be performed within twelve (12) months of any of the followingevents:

1. There is an unusual fluctuation in the Member's claim experience or number of large claims, or

2. There is a change of workers' compensation claims administration firms, or

3. The Member is a new member of the Excess Workers’ Compensation Program.

The claims audit shall be performed by a firm selected by PRISM unless an exception is approved. Recommendations made in the claims audit shall be addressed by the Member and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.

D. Each Member shall maintain records of claims in each category of coverage (i.e. indemnity, medical, expense) or as defined by PRISM and shall provide such records to PRISM as directed by the Board of Directors, Claims Review Committee, Underwriting Committee, or Executive Committee. Such records shall include both open and closed claims, allocated expenses, and shall not be capped by the Member’s self-insured retention.

E. The Member shall obtain an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) at least once every three (3) years. Based upon the actuarial recommendations, the Member should maintain reserves and make funding contributions equal to or exceeding the present value of expected losses and a reasonable margin for contingencies.

III. GENERAL LIABILITY PROGRAMS
A. Members of the General Liability 1 or General Liability 2 Programs, except those members of the Deductible Buy-Down Program whose responsibilities are outlined in Section V below, shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member.

1. The Member shall use only qualified personnel to administer its liability claims.

ATTACHMENT B
325

2. Qualified defense counsel experienced in tort liability law shall handle litigated claims. Members are encouraged to utilize defense counsel experienced in the subject at issue in thelitigation.

3. The Member shall use the Liability Claims Administration Standards (Addendum B) and shall advise its claims administrator that these standards are utilized in PRISM's liability claims audits.

B. The Member shall provide PRISM written notice of any potential excess liability claim in accordance with the requirements of PRISM's Bylaws.

Updates on such claims shall be provided pursuant to the reporting provisions of PRISM’s Liability Claims Administration Standards (Addendum B) or as requested by PRISM and/or PRISM's excess carrier.

C. A claims administration audit utilizing PRISM's Liability Claims Administration Standards (Addendum B) shall be performed once every two (2) years. In addition, an audit will be performed within twelve (12) months of any of the followingevents:

1. There is an unusual fluctuation in the Member's claims experience or number of large claims, or

2. There is a change of liability claims administration firms, or

3. The Member is a new member of the General Liability 1 or General Liability 2 Program.

D. Each Member shall maintain records of claims in each category of coverage (i.e. bodily injury, property damage, expense) or as defined by PRISM and shall provide such records to PRISM as directed by the Board of Directors or applicable committee. Such records shall include open and closed claims, allocated expenses, and shall not be capped by the Member’s self-insured retention.

ATTACHMENT B
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IV. PRIMARY WORKERS’ COMPENSATION PROGRAM
A. Members of the Primary Workers’ Compensation Program shall provide the third party administrator written notice of any claim in accordance with the requirements of PRISM. Members must also cooperate with the third party administrator in providing all necessary information in order for claims to be administered appropriately.

B. PRISM shall be responsible for ensuring qualified personnel administer claims in the Primary Workers’ Compensation Program and that claims are administered in accordance with PRISM’s Workers’ Compensation Claims Administration Standards (Addendum A).

C. PRISM shall be responsible for ensuring a claims administration audit utilizing PRISM’s Workers’ Compensation Claims Administration Standards (Addendum A) is performed once every two (2) years.

D. PRISM shall be responsible for obtaining an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS)annually.

V. DEDUCTIBLE BUY-DOWN PROGRAM
A. Members of the Deductible Buy-Down Program shall provide the third party administrator written notice of any claim or incident in accordance with the requirements of PRISM. Members must also cooperate with the third party administrator in providing all necessary information in order for claims to be administeredappropriately.

B. PRISM shall be responsible for ensuring qualified personnel administer claims in the Deductible Buy-Down Program and that claims are administered in accordance with PRISM’s Liability Claims Administration Standards (Addendum B).

C. PRISM shall be responsible for ensuring a claims administration audit utilizing PRISM’s Liability Claims Administration Standards (Addendum B) is performed once every two (2) years.

D. The Authority shall be responsible for obtaining an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS)annually.

VI. PROPERTY PROGRAM
A. Members of the Property Program shall maintain appropriate records including a complete list of insured locations and schedule of values pertaining to all real property. Such records shall be provided to PRISM or its brokers as requested by the Executive or Property Committees.

ATTACHMENT B
327
B. Each Member shall perform a real property replacement valuation for all locations over $250,000. Valuations shall be equivalent to the Marshall Swift system and shall be performed at least once every five (5) years for all locations over $1,000,000 and at least once every ten (10) years for all locations with a valuation between $250,000 and $1,000,000. New members shall have an appraisal or valuation performed within one year from entry into the Program.

VII. MEDICAL MALPRACTICE PROGRAM
A. Program I

1. Members of Medical Malpractice Program I (hereinafter Program I) shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member.
a. Members of Program I shall use only qualified personnel to administer its health facility claims.
b. Qualified defense counsel experienced in health facility law shall handle litigated claims.
c. Members of Program I shall use the "Claims Reporting and Handling Guidelines" in the PRISM Medical Malpractice
Program Operating and Guidelines Manual (hereinafter
Operating and Guidelines Manual), and shall advise its claims administrator that these claims handling guidelines are utilized in PRISM's medical malpractice claims audits.

2. Members of Program I shall provide PRISM written notice of any potential excess claim or "major incident" in accordance with the requirements of PRISM and of the excess carrier as stated in the Operating and Guidelines Manual. Updates on such claims or major incidents shall be provided as requested by PRISM.

3. A claims administration audit utilizing PRISM's Claims Reporting and Handling Guidelines in the Operating and Guidelines Manual shall be performed once every three (3) years. In addition, an audit will be performed within twelve (12) months of any of the following events:
a. There is an unusual fluctuation in the Member's claims experience or number of large claims, or
b. There is a change of health facility claims administration firms, or

ATTACHMENT B
328
c. The Member is a new member of the Medical Malpractice Program, or
d. The Medical Malpractice Committee requests an audit. The claims audit shall be performed by a firm(s) selected by PRISM.

Recommendations made in the claims audit shall be addressed by the Member and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.

4. Each Member shall maintain records of claims in each category of coverage (i.e. bodily injury, property damage, expense) or as defined by PRISM and shall provide such records to PRISM as directed by the Board of Directors or applicable committee. Such records shall include open and closed claims, allocated expenses, and shall not be capped by theMember’s self-insured retention.

5. Members of Program I shall obtain an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) at least once every three (3) years. Based upon the actuarial recommendations, the Member should maintain reserves and make funding contributions equal to or exceeding the present value of expected losses and a reasonable margin for contingencies.

6. The Member shall have an effective risk management program in accordance with the "Risk Management Guidelines" as stated in the Operating and Guidelines Manual.

B. Program II

1. For Medical Malpractice Program II (hereinafter Program II) Members, PRISM shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member. PRISM may contract with a third party administrator for handling of such claims.

2. PRISM shall be responsible for ensuring the third party administrator uses qualified personnel to administer Program II claims.

3. PRISM shall be responsible for ensuring qualified defense counsel experienced in health facility law shall handle litigated claims.

4. PRISM shall be responsible for ensuring a claims administration audit utilizing PRISM's Claims Reporting and Handing Guidelines in the Operating and Guidelines Manual shall be performed once every two (2) years.

ATTACHMENT B
329
The claims audit shall be performed by a firm(s) selected by PRISM.

Recommendations made in the claims audit shall be addressed by the third party administrator and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.

5. PRISM shall be responsible for obtaining an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) annually.

6. The Member shall have an effective risk management program in accordance with the "Risk Management Guidelines" as stated in the Operating and Guidelines Manual.

VIII. SANCTIONS
A. PRISM shall provide the Member written notification of the Member's failure to meet any of the above-mentioned standards or of other concerns, which affect or could affect PRISM.

B. The Member shall provide a written response outlining a program for corrective action within sixty (60) days of receipt of PRISM's notification.

C. After approval by the Executive or applicable Program Committee of the Member's corrective program, the Member shall implement the approved program within ninety (90) days. The Member may request an additional sixty (60) days from the Executive or applicable Program Committee. Further requests for extensions shall be referred to the Board ofDirectors.

D. Failure to comply with subsections B or C may result in cancellation of the Member from the affected PRISM Program in accordance with the provisions in the Joint Powers Agreement.

E. Notwithstanding any other provision herein, any Member may be canceled pursuant to the provision of the Joint PowersAgreement.

ATTACHMENT B
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Addendum B: Liability
Claims Administration Guidelines

Page 1 of 8 ends

ADDENDUM TO EXHIBIT A Adopted: December 6, 1985
Last Amended: July 1, 2019

ADDENDUM B

LIABILITY CLAIMS ADMINISTRATION STANDARDS
The following Standards have been adopted by Public Risk Innovation, Solutions, and Management (hereinafter PRISM) in accordance with Article 18(b) of the PRISM Joint Powers Agreement. It is the intent that these standards shall be followed by the Member and/or third party administrator.

I. CLAIMS INVESTIGATION
A. Complete initial investigation answering questions such as who, what, where, when and why. Investigations shall be completed within forty-five (45) days of the Member’s knowledge of claim, including statements from participants and witnesses, appropriate official reports, investigative reports, site inspections, relevant documents and photos/videos.

B. Identify liability issues, including immunities, comparative negligence, joint tortfeasors and joint and several liability.

C. Initiate the development of information on damages including, but not limited to:

1. Property damage

2. Nature and extent of injuries

3. Medical costs (billed and paid)

4. Lost wages (past and future)

5. Other economic damages

6. Non-economic damages
D. Obtain and review relevant contracts and insurance documents, to determine whether there is any sharing or complete transfer of the risk.

1. Hold-harmless and/or indemnity agreements

2. Additional insured requirements
E. Ensure proper preservation of evidence.

F. Evaluate the need to utilize experts.

G. Indexing.

ATTACHMENT B
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Addendum B: Liability
Claims Administration Guidelines

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1. All bodily injury claims shall be initially reported to the Index Bureau and re-indexed on an as needed basisthereafter.

PRISM maintains a membership with the Index Bureau that members can access.

H. Secure estimates or appraisals for damaged property.

I. All notices (pertaining to claim insufficiency, returning late claims, claims rejections, etc.) shall be done in accordance with the relevant Governmental Code provisions.

II. PRISM REPORTING REQUIREMENTS
A. First Report
The Member shall give PRISM immediate written notice for any claims or suits which the Member becomes aware of that include injury of the following types:
a. Death
b. Paralysis, paraplegia, quadriplegia
c. Loss of eye(s), or limbs
d. Spinal cord or brain injury
e. Dismemberment or amputation
f. Sensory organ or nerve injury or neurologicaldeficit g. Serious burns
h. Severe scarring
i. Sexual assault or battery including but not limited to rape, molestation or sexual abuse
j. Substantial disability ordisfigurement
k. Any class action
l. Any claim or suit in which PRISM is named as a defendant; or m. Any injury caused by lead.

Additionally, the covered party must report to PRISM an occurrence, offense, or wrongful act as follows:

As respect to the General Liability 1 Program members, this includes any occurrence, offense, or wrongful act in which the amount incurred has reached fifty (50) percent or more of their individual self- insured retention or $500,000, whichever is lower.

As respect to the General Liability 2 Program members, this includes any occurrence, offense, or wrongful act in which the amount incurred

ATTACHMENT B
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Addendum B: Liability
Claims Administration Guidelines

Page 3 of 8 ends

has reached fifty (50) percent of their individual self-insured retention.

These reporting requirements are intended to be consistent with the requirements in the current year Memorandum of Coverage (MOC).

Reporting requirements specific to a loss outside the current MOC year should be verified through the MOC effective for that loss year.

Utilize the current First Report Potential Excess Liability Claims form, available through PRISM’s website, and transmit to PRISM by email to [email protected].

First report forms shall, at a minimum, include the following:
• Entity name
• Entity’s claim number
• Defense counsel’s name and firm name
• Lead Claimant’s first and last name
• Specific date of loss
• Brief description of the incident
• Established reserves for indemnity, litigation, and expense B. Status Reports
After the First Report to PRISM, status reports, whether provided by the Member, third party administrator or defense counsel, shall be provided at a minimum of every ninety (90) days (more frequently if warranted). Status reports shall focus on changes in liability analysis, damages, and reserves.

C. Photos, diagrams, estimates, statements, contracts, medical, law enforcement and coroner's reports (where applicable), claim forms, lawsuits (including amended complaints), motions for summary judgment, demurrers, dismissals, appellate briefs and orders/rulings/judgments shall be in the claims file, and provided to PRISM, within ninety (90) days of receipt of the material.

D. Closure Reports
When a claim or suit that has been reported to PRISM is settled, dismissed or closed in any other fashion, PRISM shall be provided with the closing documents and an accounting of the final paid amounts on the exposure for indemnity, litigation, and expense within 90 days from the day the final defense bill is paid.

III. MEDICARE REPORTING
A. Proper verification of a claimant’s status as to Medicare eligibility shall be

ATTACHMENT B
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Addendum B: Liability
Claims Administration Guidelines

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completed and documented in every file involving a bodily injury. In those cases where the claimant does meet the eligibility requirements, mandatory reporting to the Center for Medicare and Medicaid Services (CMS) must be completed directly or through a reporting agent in compliance with State Children’s Health Insurance Program (SCHIP) Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007.

IV. RESERVING
Each claim should be reviewed and evaluated according to the merits of the claim and based upon the most current and reliable information received, starting with the initial report of claim and continuing through final resolution. Delays result in understated reserves and, possibly, missed opportunities to settle.

A. An accurate and appropriate initial indemnity reserve shall be established on all reportable claims based on facts known, upon completion of the initial investigative report or when suit is filed, whichever occurs first. In addition, separate legal and adjusting reserves shall be established.

Indemnity reserves shall reflect the most probable outcome plus exposure to plaintiff attorney’s fees and costs.

Most probable outcome is the potential total amount a plaintiff could expect to receive, either through settlement or verdict, after factoring in the Member’s percentage of liability. (This approach is neither the best or worst case outcome).

Factors to consider for when evaluating the potential total settlement or verdict a plaintiff could expect to receive include but are not limited to:
• Extent of injuries and/or damages
• Medical expenses
• Loss of income
• Any other related expenses
• Future anticipated expenses
• Total of both gross and out-of-pocket expenses
• Permanent injury
• Disfigurement/scarring
• Pain and suffering
• Any other intangible factors which may result in a higher or lower claim value such as jurisdiction, credibility of parties/witnesses, etc.

Percentage of liability is determined by various factors that are discovered during an investigation. Reserves shall be adjusted accordingly, as facts are developed, to properly reflect the exposure. These factors include but are not limited to:

ATTACHMENT B
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Addendum B: Liability
Claims Administration Guidelines

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a. Facts of loss
b. Applicable laws
c. Defense Counsel evaluations
d. Jury Verdict evaluation
e. The extent of plaintiff's liability (comparative negligence) f. The number of co-defendants and their percentage of liability g. The ability of the co-defendants to respond financially to any settlement or verdict.
h. On cases occurring after June 3, 1986, Proposition 51 allows defendants to limit their liability on non-economic damages to their percentage of fault.
i. On cases involving uninsured motorist claimants the recovery is limited to economic damages in accordance with California Code of Civil Procedures sections 3333.3 and 3333.4 (Prop 213).
j. Any other mitigating factors

2. Reserves shall be set at the most probable outcome even if it exceeds the Member’s Self-InsuredRetention. In all litigated Excess reportable cases, the Member shall set a meaningful indemnity reserve.

3. Reserves shall be evaluated for adequacy at least every ninety (90) days.

All reserve changes shall be documented in a paper or electronic file providing explanation of the reason for the reserve change or notation that the current reserve is adequate and why. PRISM shall be notified of all reserve changes within thirty (30) days of the change being made.

V. DOCUMENTATION
A. Each file shall contain information necessary to document the decisions made, including all demands, offers of settlement and settlement authority.

For those cases in which the (1) Bodily Injury claims reserved above twentyfive (25) percent of the S.I.R., (2) Property Damage claims reserved above twenty-five (25) percent of the S.I.R., and (3) All claims that meet PRISM’s excess reporting requirements regardless of reserves, the following information shall be contained in each file:

1. Claimant(s) Information

2. Date of Loss

3. Claim Number

4. Facts of accident or occurrence

5. Witness/Participant Statement

6. Reserve rationale

7. Assessment of liability

8. Damages/injuries, including medical costs, lost wages, dependency,

ATTACHMENT B
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Addendum B: Liability
Claims Administration Guidelines

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property damage estimates, total loss evaluations, loss of use claims, and otherdamages

9. Index Bureau reporting

10. Coverage questions

11. Excess potential

12. Structured Settlement possibilities (where applicable)

13. Alternative Dispute Resolution

14. Subrogation potential (where applicable)
12 Governmental Code compliance and immunities

13. Future course of action

14. Next diary date

15. If litigated, identify counsel on both sides

16. Offsets or liens that may need to be considered

17. Medicare eligibility and reporting

18. Risk and insurance transfer
VI. CASE SETTLEMENT FACTORS
A. Settlement evaluation and authority by the Member shall be documented. On cases exceeding the S.I.R., prior written settlement authority must be obtained from PRISM.

B. The settlement shall be reasonable in light of damages, injuries, liability, and any obligations to Medicare.

C. Settlements shall be effected in a timely manner, with consideration given to structures, statutory offers (Rule 68 or 998) where applicable, and/or alternative dispute resolution.

D. Contributions from joint tortfeasors shall be considered.

E. Proper releases and dismissals shall be secured and copies provided to PRISM.

VII. LITIGATED FILES
A. Defense litigation plan shall be in the file.

B. Defense attorney’s initial evaluation and budget shall be completed and in the file within sixty (60) days of assignment. If the billed amount of attorney’s fees and costs exceeds seventy-five (75) percent of the total budget, then the defense attorney shall provide an updated budget.

C. On litigated cases, defense counsel shall also include PRISM on their mailing lists for copies of correspondence, reports, evaluations, interrogatory summaries, deposition summaries and medical summaries. Actual

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Addendum B: Liability
Claims Administration Guidelines

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deposition transcripts, interrogatories, their answers to interrogatories and interim billings are not required.

Updated reports shall provide a summary of pertinent information based on the status of a case. Pertinent information includes, but is not limited to:
• Identified experts – what their analysis has concluded, their credibility as a witness (both plaintiff and defense), and how their testimony will/will not influence the case potential.
• Witness deposition summaries including an evaluation of their credibility as a witness and how their testimony will/will not influence the case potential.
• A summary of relevant documents disclosed or obtained through discovery and an analysis of their impact on the case.
• A summary of applicable case law and immunities.
• Updated evaluation of damages including, but not limited to, billed and paid medical bills, estimated future medical expenses, past and future wage loss estimates, and general damage estimates.
• Analysis of liability and potential settlement/verdict value as well as suggested next steps (MSJ, Demurrer, Mediation, etc.).

D. The defense attorney shall make proper follow-up requests for investigation.

E. There shall be timely recommendations from defense firms regarding expert retention, settlements, and trial preparation.

F. Defense costs shall be controlled by the Member. Depositions, retention of experts, expert costs, and other defense costs shall be approved by the Member.

G. Litigation outcome and total costs shall be documented.

H. There shall be timely notification to relevant employees and other parties regarding pending litigation.

No less than forty-five (45) days prior to trial, counsel shall provide a pre-trial report that discusses the following:

1. Case Summary
• Plaintiff and any individual Defendants including counsel’s opinion as to how each will be viewed by a jury

ATTACHMENT B
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Addendum B: Liability
Claims Administration Guidelines

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• List of claims
• Summary of Facts
• Expected percipient witness testimony
• Expected Liability ExpertTestimony
• Critical Liability Issues
• Summary of Special and General Damages including
expected damage expert testimony
• Summary of Punitive Damages and non-monetary relief
requested (if applicable)
• Attorneys’ fees and costs estimate for claims that involve the potential award of attorneys’ fees

2. Evaluation
• Potential Verdict Value
• Comparative Fault Analysis
• Settlement Discussion summary
• Probability of Defense Verdict
Throughout trial, a daily trial status update shall be provided to PRISM by defense counsel, the Member, or the Third-Party Administrator. This can be informal, such as an email or voicemail advising of the day’s activities, impressions of witnesses, any impacting developments, and an update regarding the next day’s schedule.

I. Appropriate Dismissal Motions shall be made for failure to meet the applicable Code of Civil Procedure statutes for timely serving, conducting discovery or bringing a complaint to trial.

VIII. SUMMARY
The file shall be completely documented.

Audits conducted by the PRISM Auditor shall measure whether performance is consistent with these standards.

Following is the history of amendments to this document:

Adopted: December 6, 1985
Amended: January 23, 1987
Amended: October 6, 1995
Amended: October 1, 1999
Amended: March 2, 2007
Amended: March 5, 2010
Amended: March 2, 2012
Amended: June 1, 2012
Amended: July 1, 2019

ATTACHMENT B
338
Adopted: June 4, 1999
Amended: October 1, 2004
Amended: June 19, 2008

Page 1 of 3 ends

MEMORANDUM OF UNDERSTANDING

PROPERTY PROGRAM
This Memorandum of Understanding is entered into by and between the Public Risk Innovation, Solutions, and Management (hereinafter referred to as "PRISM") and the participating members who are signatories to this Memorandum.

1. Joint Powers Agreement. Except as is otherwise provided herein, all terms used herein shall be as defined in Article 1 of the Joint Powers Agreement Creating the Public Risk Innovation, Solutions, and Management (hereinafter referred to as "Agreement"), and all other provisions of the Agreement not in conflict with this Memorandum shall also be applicable.

2. Program Committee. There is hereby established a Property Program Committee (hereinafter referred to as "Property Committee" or “Committee”) and, except as otherwise provided herein, said Committee shall have full authority to determine all matters affecting the members including, but not limited to, approval of new members and premium/rate setting and establishment of policies regarding data submission and provisions for notice of withdrawal, as long as such policies are not in conflict with the Joint Powers Agreement.

The Property Committee shall consist of eleven (11) voting members and two (2) alternates. The Executive Committee of PRISM shall appoint the Committee members, to be selected from members in the Program as follows: Seven (7) of the Committee members are to be appointed from the members who make up the top fourteen (14) members according to the amount of annual property premium paid (“Large Members”).

Two (2) of the Committee members are to be appointed from those remaining members not within the top fourteen (14) members (“Smaller Members”). One (1) of the members may be appointed from any member (“At Large”). The remaining seat shall be designated for a Public Entity member. If there are no Public Entity nominees or not enough members available from a category (Large, Smaller, At Large), the Executive Committee shall make the appointment from members participating in the Program without regard to category.

The two (2) alternates may be appointed from any member.

The terms of the members of the Committee shall be for two (2) years, except for the Public Entity representative and the alternate representatives whose terms shall be for one (1) year. The expiration dates of the two-year appointments shall be staggered so that terms of no more than five (5) members will expire at any one time. The Committee will annually, at its first meeting of the calendar year, select its officers, consisting of a Chair and Vice Chair.

The Committee, when necessary to fulfill the purposes of this Memorandum, shall meet on the call of the Chair of the Committee as provided in Article 12 of the Agreement and Article VI of the Bylaws of PRISM (hereinafter referred to as the “Bylaws”).

ATTACHMENT C
339
Adopted: June 4, 1999
Amended: October 1, 2004
Amended: June 19, 2008

Page 2 of 3 ends

A majority of the members of the Committee shall constitute a quorum for the transaction of business. Except as otherwise provided herein, all actions of the Property Committee shall require the affirmative vote of a majority of the members of the Committee. Any meeting of the Committee shall be subject to the applicable provisions of Government Code § 54950 et seq., commonly known as the “Brown Act.”

3. Premiums. The participating members, in accordance with the provisions of Article 14 of the Agreement, shall be assessed an annual premium for the purpose of funding the Property Program. Annual premium contributions, including administrative costs associated with the Program shall be established by the Property Committee.

4. Cost Allocation. Each member’s share of annual premium shall be determined by the Property Committee; however, the Committee may delegate any or all of this authority as it deems appropriate.

5. Application to the Program. All applications to join the Property Program will be evaluated and subject to approval by the Committee and the underwriter. Any entity, which makes application to become a participating member of the Program, who is not already a participating member in PRISM must also be approved in accordance with the provisions of Article 19 of the Agreement.

New members may be added to the Program during the term of the coverage year on a pro-rata basis.

6. Withdrawal and/or Cancellation From the Program. Withdrawal of a member from the Program shall be in accordance with the withdrawal provisions of Article 20 or 21 of the Agreement.

7. Late Payments. All provisions for payments shall be in accordance with the Invoicing and Payment Policy adopted by the Board of Directors. Notwithstanding any other provision to the contrary regarding late payment of invoices or cancellation from a Program, at the discretion of the Executive Committee, any member that fails to pay an invoice when due may be given a ten (10) day written notice of cancellation.

8. Resolution of Disputes. Any question or dispute with respect to the rights and obligations of the parties to this Memorandum shall be determined in accordance with Article 31 of the Agreement, Dispute Resolution.

9. Amendment. This Memorandum may be amended by a majority vote of the Property Committee, upon ninety (90) days advance written notice to the members and county counsels. Each member shall approve of any amendment by signature on the Memorandum by a member’s representative who shall have authority to execute this Memorandum. Should a member of the Program fail to execute any amendment to this Memorandum within the time provided by the Committee, the member will be deemed to have withdrawn from the Program on the next annual renewal date.

ATTACHMENT C
340
Adopted: June 4, 1999
Amended: October 1, 2004
Amended: June 19, 2008

Page 3 of 3 ends

6/19/2008

10. Complete Agreement. Except as otherwise provided herein, this Memorandum constitutes the full and complete agreement of the members.

11. Severability. Should any provision of this Memorandum be judicially determined to be void or unenforceable, such determination shall not affect any remaining provision.

12. Effective Date of Agreement. This Memorandum shall become effective on the date of coverage for the member or upon approval by the Property Committee of any amendment, whichever is later.

13. Execution in Counterparts. This Memorandum may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the undersigned have executed this Memorandum as of the date set forth below.

Dated Public Risk Innovation, Solutions, and Management Dated Member Entity: x

ATTACHMENT C
341
Resolution No.

STOCKTON CITY COUNCIL

ADOPT RESOLUTION WITH FINDINGS TO JUSTIFY AND SUPPORT AN EXCEPTION

TO THE COMPETITIVE BID PROCESS AND AUTHORIZE THE EXPANSION OF THE

CITY OF STOCKTON'S PARTICIPATION IN THE JOINT POWERS AUTHORITY

EXCESS RISK POOL, PUBLIC RISK INNOVATION, SOLUTIONS, AND

MANAGEMENT (PRISM)
Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permits two (2) or more public agencies by agreement to exercise jointly powers common to the contracting parties; and
The City of Stockton desires to join together with the members of PRISM (Authority) for the purpose of jointly funding and/or establishing excess and other insurance programs as determined; and
PRISM has approved for the City to transition these coverages currently with CJPRMA to PRISM; and
Staff intends to bind coverages through PRISM for the programs the City currently has through CJPRMA: Excess Liability (General Liability and optional Excess Liability), Primary Cyber Liability, Property, and Crime; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council authorizes the expanded participation for the City in a Joint Powers Agreement with PRISM, without limitation, allowing the City of Stockton (City) to participate in additional insurance programs such as: Excess Liability (General Liability and optional Excess Liability), Primary Cyber Liability, Property, and Crime.

2. The City Council authorizes the City Manager to execute a Memoranda of Understanding for the additional programs described above.

3. The City Council approves the following findings which justify and support an exception to the competitive bidding process pursuant to Stockton Municipal Code

3.68.070(A)(5), for cooperative purchasing agreements
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342

4. The City Manager is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
343
City of Stockton
Legislation Text
File #: 25-0398, Version: 1

AUTHORIZE A FIVE-YEAR PROFESSIONAL SERVICES CONTRACT WITH ALPHA ANALYTICAL

LABORATORIES, INC FOR LAB SERVICES

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Accept the Specifications and Addenda for the Request for Sealed Bids for Municipal Utilities Department Laboratory Services, PUR 25-022.

2. Authorize a five-year contract with Alpha Analytical Laboratories, Inc of Elk Grove, California, to provide laboratory services in a total amount not-to-exceed $1,486,133.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
The Municipal Utilities Department (MUD) is comprised of three enterprise funds including Water, Wastewater, and Stormwater Utilities.

The Wastewater Utility includes a sanitary sewer collection system of approximately 900 miles of gravity sewer main, 554 miles of lower lateral pipe, 27 pump stations, and 30 miles of pressurized force main that route sewage to the Regional Wastewater Control Facility (RWCF) for treatment. The system collects sewage from properties within the City, special districts outside the City, and certain areas within San Joaquin County.

The Stormwater Utility consists of 74 pump stations, over 600 miles of pipeline, and 22,500 drain inlets that route stormwater from city streets into local basins and waterways.

Title 23 of the California Code of Regulations (Cal. Code Regs.) regulates Water Utility operations and requires testing of both well and surface source water, and frequent distribution system samples for organic chemicals, inorganic chemicals, physical, and microbiological analyses.

The Wastewater Utility and Stormwater Utility are regulated by the National Pollution Discharge Elimination System (NPDES) Permits. Each regulation prescribes the nature and type of analytical testing required to monitor MUD operations.

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File #: 25-0398, Version: 1
If approved by the City Council, this action will authorize a five-year contract (Attachment A) for contract laboratory services to perform required water tests with the most responsive and competitive bidder, Alpha Analytical Laboratories, Inc (Alpha Analytical) of Elk Grove, California, in the amount of $1,486,133.

DISCUSSION
Background
Water, Wastewater and Stormwater Utilities are regulated for the protection of public health and the environment. Title 23 of the Cal. Code Regs. regulates water treatment and distribution operations.

The National Pollution Discharge Elimination System (NPDES) permits establish regulations for wastewater treatment and stormwater pollution prevention. Each regulation prescribes the nature and type of analytical testing required to monitor MUD operations.

The Cal. Code Regs. requires testing of well and surface source water, and ongoing distribution system samples for organic chemicals, inorganic chemicals, physical, and microbiological analyses.

The required monitoring schedules vary based on the sample and some results may initiate additional testing requirements or increased frequency of testing.

The NPDES permits require treated wastewater, biosolids, and stormwater to undergo organic, inorganic, physical, microbiological, and toxicological analyses prior to being discharged into the San Joaquin River. A list of each proposed test and the estimated annual quantity required are identified in Attachment B.

Federal and State regulations require accurate, dependable, and timely reporting of laboratory results. Errors or significant delays in analytical reporting may result in violations and potential fines.

While the MUD lab and staff are certified to perform many of the required testing, additional support is necessary to supplement department capabilities when the turnaround time or volume of necessary tests cannot be met in-house. A contract for laboratory services also ensures the completion of all required tests in the event MUD equipment malfunctions.

Present Situation
A Request for Sealed Bids was publicly advertised on January 16, 2025, in The Record and on the City Bid Flash webpage. The bid identified seven specific areas of testing for which qualified laboratories could submit bids. All respondents and their subcontractors are required to have and maintain certification with the State of California Environmental Laboratory Accreditation Program (ELAP). Additionally, a courtesy notice was sent to six labs familiar to the City.

On Thursday, February 20, 2025, two labs submitted the following electronic bids that are regular in all respects, meet City requirements and include proper certifications:

Test Type Company name
Alpha Analytical BSK Associates
Routine Wastewater Monitoring $20,980 $40,867
$$
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File #: 25-0398, Version: 1
Test Type Company name
Alpha Analytical BSK Associates
Routine Wastewater Monitoring $20,980 $40,867
Hazardous Waste Characteristics $1,560 $1,452
Priority Pollutants $2,514 $2,398
Biosolids $1,693 $1,978
Title 22 Drinking Water $74,692 $78,638
Effluent Characterization $24,816 $28,830
Industrial Waste & Wastewater Hauler
Testing
$153,665 $201,445
Total $279,920 $355,608
The amounts shown on the bid schedule above reflect the annual fee for the estimated testing required. The quantity of each test was estimated for comparative purposes, as these services are to supplement the testing capabilities of the MUD lab.

There was a calculation error on the bid summaries for both companies (Attachment C). The amounts have been corrected and shown in the above table. Prices reflect the cost of testing performed by the contract labs and not in-house. The annual costs throughout the contract term with the lowest bidder, Alpha Analytical, are shown in the table below. These costs assume a maximum cost increase of three percent (3%) per year and are rounded to the nearest dollar.

Bidder Year 1 Year 2 Year 3 Year 4 Year 5 Total
Alpha Analytical $279,920 $288,318 $296,967 $305,876 $315,052 $1,486,133 Staff recommend authorizing a five-year contract with Alpha Analytical of Elk Grove, California, to provide laboratory services in a total amount not-to-exceed $1,486,133.

FINANCIAL SUMMARY
The total cost of $1,486,133 is for contract laboratory services throughout the five-year term of the contract. Funds for the first year of the contract will be available following City Council approval of the FY 2025-26 Annual Budget from the Laboratory Services accounts for both the Laboratory and Environmental Control. Funds for future services will be budgeted in the same accounts and presented to the City Council for approval during the annual budget process.

This action has no impact on the General Fund or any other unrestricted funds.

Attachment A - Alpha Analytical Laboratories, Inc Contract Attachment B - Proposed Tests and Estimated Annual Quantities Attachment C - Bid Summary
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CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton ("City") and ("Contractor") to provide
as set forth in Exhibit A to this Agreement.

Agreement Number:

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on:

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: � 1,486,133.00 I

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms and Conditions
(d) Exhibit D - Goods and Services Special Terms & Conditions (e) Exhibit E - Compensation Schedule
(f) Exhibit F - Timeline
(g) Exhibit G - Discrimination and Harassment Policy (HR-15) (h) Exhibit H - Bid Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Alpha Analytical Laboratories, Inc.

Cont 's Name (if o her than an individual, state whether a corporation, partnership, etc.):
aJ?� � 03-12.-202-.!)
Rachel Kaua Director of Operations
Printed Name and Title of Person Signing
9090 Union Park Way, Suite 113 Elk Grove, CA 95624
Address

CITY OF STOCKTON
Steve Colangelo, Interim City Manager
ATTEST:

Katherine Roland CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
(Rev.11.12.24)
1 Date
Date
Alpha Analytical Laboratories, Inc. Laboratory Services 07/01/2025 06/30/2030

ATTACHMENT A
347

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
The overall objective of the project is to provide laboratory testing services for routine wastewater final effluent in accordance with the City's National Pollution Discharge Elimination System (NPDES) Permit; hazardous material characterization testing; annual priority pollutants testing; and drinking water analysis in accordance with Title 22 regulations as described in full in the Specifications (PUR 25-022)

2. Project Scope

2.1 Services supplied under this contract consist, in general, of:
• Monthly testing for National Pollution Discharge Elimination System (NPDES) Permit final effluent for wastewater;
• Annual Priority Pollutant testing for Wastewater, including influent, effluent, and biosolids, according to the NPDES permit requirements; and • Hazardous Waste Characterization; and
• Title 22 Analysis for Drinking Water; and
• Industrial Waste and Wastewater Hauler Testing

2.2 Contractor shall provide all labor, tools and supplies necessary to complete the requirements of these contracts. The lab tests and estimated quantities listed in Section 2.1 of the bid specifications represent the best known information available. The actual tests required and the quantity may vary. Any additional testing services required by the City will be agreed upon by both parties prior to proceeding with the additional work.

2.3 These tasks are reflective of those required by current regulations and permits.

Any changes to the testing and reporting criteria due to regulatory or permit changes may result in changes to these tasks. Any changes to the tasks will be with the consent of both parties.

2.4 Documentation of the State of California Environmental Laboratory Accreditation Program (ELAP) Certification is required in the form of a copy of the ELAP Permit for the contract laboratory and each subcontract laboratory used. The contract laboratory and all subcontractors must submit the current ELAP/NELAP/TNI certification with approved analysis.

2.5 As part of a Quality Assurance Program conducted by the US EPA and the State of California, all major permittees under NPDES Permits, including the City of Stockton, must participate in performance evaluation studies. Contract laboratories must also participate in these studies. Any performance evaluation rating, if not acceptable for the analyses of these samples by the contract laboratory, may invalidate the remainder of the contract. It will also prohibit bids on

ATTACHMENT A
348
future contracts until the matter is resolved to the satisfaction of all regulatory authorities.

2.6 Normal turn-around time must be 10 business days. In addition, provide incremental surcharge for 24-hour, 48-hour and 5-day turnaround time for each analysis (Section 2.1).

2.7 Pick-up schedule at City location will be at a minimum of twice a week, unless specified otherwise below. Pick-ups may occasionally be needed on Fridays or weekends, if necessary.

2.8 The mailing or shipping of samples from Stockton to a contract laboratory is not acceptable. The Contractor must provide for courier service to transport samples on the same day they are sampled directly from the Regional Water Control Facility to the laboratory performing the analyses. Resampling resulting from Holding time exceedance because of courier delay is not acceptable.

2.9 Any shipping costs will be the contractor lab's responsibility.

2.10 The contractor lab and/or subcontractors will supply all bottles/containers/ chain of custody (COC) for test analysis.

2.11 All data and reports will be transferred via email and electronic data download (EDD) formatted to allow for data transfer to various reporting databases. At a minimum the data shall be transferred in csv format. All information from COC will be transferred verbatim.

2.12 The contractor lab should be prepared to provide preliminary report numbers upon request.

2.13 The City of Stockton reserves the right to send samples to other analytical laboratories as deemed necessary.

2.14 The contractor shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

In no event shall subcontract work exceed 10% of the contract amount, excluding specialized services.

2.15 The contract laboratory and all subcontractors must submit the current ELAP/NELAP certification with approved analysis.

3. Specifications

WASTEWATER ANALYTICAL LABORATORY REQUIREMENTS

1. All wastewater testing criteria, including but not limited to Maximum Reporting Level, Minimum (or Reporting) Levels, and Method Detection Limits are as stated in Attachment E of the City’s NPDES Permit, attached to this bid as Attachment A.

2. Bidder/contractor lab must establish calibration standards so that the lowest calibration standard is less than or equal to the Minimum Limit (ML).

3. A copy of an actual report that includes MDLs and RLs for all constituents must be submitted.

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4. The analytical results page must contain at a minimum, the following information:
1) Project name/title (provided by the City on the Chain-of-Custody form)
2) Sample ID or location codes
3) Sample collection date and time
4) Parameter or analyte name and method number
5) Method detection limit (MDL)
6) Reporting limit (RL)
7) Preparation date, time, batch ID and analyst ID
8) Analysis date, time, batch ID and analyst ID
9) Indication if result is >MDL and <RL by a qualifier (J or DNQ flag) or Comment
10) Quality control (QC) data shall include both MDLs and RLs for all blank QC samples reported.

5. All analyses must be completed within hold times required under 40 CFR Part 136 for wastewater.

HAZARDOUS WASTE CHARACTERIZATION ANALYTICAL LABORATORY

REQUIREMENTS

2. Bidder/contractor lab must establish calibration standards so that the lowest calibration standard is less than or equal to the Minimum Limit (ML).

3. A copy of an actual report that includes MDLs and RLs for all constituents must be submitted.

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6) Reporting limit (RL)
7) Preparation date, time, batch ID and analyst ID
8) Analysis date, time, batch ID and analyst ID
9) Indication if result is >MDL and <RL by a qualifier (J or DNQ flag) or Comment
10) Quality control (QC) data shall include both MDLs and RLs for all blank QC samples reported.

DRINKING WATER LABORATORY REQUIREMENTS

1. Drinking water reporting shall comply with the State’s requirements.

2. Bidder/contractor lab must establish calibration standards so that the lowest calibration standard is less than or equal to the State required Detection Limit for Reporting (DLR).

3. The analytical report must contain at a minimum, the following information:
1) Project name/title (provided by the City on the Chain-of-Custody form)
2) Sample ID or location codes
3) Sample collection date and time
4) Parameter or analyte name and method number
5) Reporting limit (RL)
6) Preparation date, time, batch ID and analyst ID
7) Analysis date, time, batch ID and analyst ID

4. All analyses must be performed within the requirements of 40 CFR Part 141 for water, including hold times.

5. Data must be submitted electronically to the State’s Write-On database by the 10th of each subsequent month.

6. Primary Maximum Contaminant Level Exceedances shall be reported directly to City Laboratory staff immediately. E-mails, voice messages, or any other communication other than direct contact will not be accepted as sufficient notification.

INDUSTRIAL WASTE TESTING REQUIREMENTS

1. Electronic analytical results reporting and invoicing by email to individual EC staff as specified on each chain of custody form. Sample results, QA/QC, and invoice must be submitted together.

2. Scheduled courier sample pick-up at MUD is required at a minimum of twice

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per week (Tuesdays and Thursdays) between 2:30 and 4:00 pm. Additional pick-up days must be accommodated due to special, unexpected sampling events. The courier must be available to pick up samples at MUD any day of the week, at a minimum Monday through Friday, and possibly some weekends.

3. Certified and pre-preserved sample containers delivered to Environmental Control on an as-needed basis for all sampling parameters listed below.

4. All EPA 8015M (TPH - Full Scan, including Diesel, Hydraulic Oil, Kerosene, Mineral Oil, and Motor Oil) sample results must include chromatographs.

5. All samples must be analyzed using EPA approved methods listed in 40 CFR 136, unless otherwise specified.

4. Major Deliverables
Analytical reports as outlined in Section 3 and the bid specifications.

5. Internal and External Standards and Guidelines
In accordance with State regulations and testing methods.

6. Criteria of Acceptance for Deliverables
City Laboratory staff will accept reports.

7. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Alpha Analytical Laboratories, Inc. City: City of Stockton Attn: Rachel Kaua Attn: City Manager
9090 Union Park Way, Suite 113 425 N. El Dorado Street
Elk Grove, CA 95624 Stockton, CA 95202

8. Option to Renew.

Not applicable.

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Exhibit B:

Insurance Requirements
(Professional Services)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

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Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies

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regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

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this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202

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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor

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and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9.1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City.

Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

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9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.

11.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

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confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing.

Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that

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final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

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affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

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31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

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EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed

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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.

6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.

7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement

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as specified in Exhibit A and Exhibit E.

8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of thisAgreement. Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.

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11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

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EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $1,486,133.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

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1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed ______%.

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Task Price
1 Routine WW Monitoring $ 111,386.00
2 Hazardous Waste Characteristics $ 8,282.00
3 Priority Pollutants $ 13,347.00
4 Biosolids $ 8,988.00
5 Title 22 Drinking Water $ 396,550.00
6 Effluent Characterization $ 131,752.00
7 Industrial Waste & Wastewater Hauler
Testing
$ 815,828.00
TOTAL PRICE $1,486,133.00

3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.

Hourly Billable Rate Schedule
Title Role on Project
Hourly
Billable
Rates
$
$
$
$
$
$
$

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4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:

Title Unit Price
$

5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206

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EXHIBIT F

TIMELINE

INTENTIONALLY LEFT BLANK

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EXHIBIT G – DISCRIMINATION AND HARASSMENT POLICY (HR-15)

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ATTACHMENT E – MONITORING AND REPORTING PROGRAM
Table of Contents
I. General Monitoring Provisions ........................................................................................ E-2 II. Monitoring Locations ...................................................................................................... E-3 III. Influent Monitoring Requirements ................................................................................... E-5 A. Monitoring Location INF-001.................................................................................... E-5 IV. Effluent Monitoring Requirements .................................................................................. E-5 A. Monitoring Locations EFF-001A and EFF-001B ...................................................... E-5 V. Whole Effluent Toxicity Testing Requirements ............................................................... E-8 VI. Land Discharge Monitoring Requirements – NOT APPLICABLE ................................. E-12 VII. Recycling Monitoring Requirements – NOT APPLICABLE........................................... E-12 VIII. Receiving Water Monitoring Requirements .................................................................. E-12 A. Monitoring Locations RSW-001 and RSW-003 ...................................................... E-12 B. Monitoring Locations RSW-002 and RSW-002A ................................................... E-14 C. Monitoring Location RGW-001 ............................................................................... E-15 IX. Other Monitoring Requirements.................................................................................... E-16 A. Biosolids ................................................................................................................ E-16 B. Municipal Water Supply ......................................................................................... E-16 C. Filtration System and Ultraviolet Light (UV) Disinfection System ........................... E-17 D. Treatment Ponds ................................................................................................... E-18 E. Effluent and Receiving Water Characterization ..................................................... E-19 X. Reporting Requirements............................................................................................... E-27 A. General Monitoring and Reporting Requirements .................................................. E-27 B. Self-Monitoring Reports (SMRs) ............................................................................ E-27 C. Discharge Monitoring Reports (DMR’s) ................................................................. E-31 D. Other Reports ........................................................................................................ E-32 Tables
Table E-1. Monitoring Station Locations ................................................................................. E-4 Table E-2. Influent Monitoring................................................................................................. E-5 Table E-3. Effluent Monitoring ................................................................................................ E-6 Table E-4. Chronic Toxicity Testing Dilution Series ................................................................ E-9 Table E-5. Receiving Water Monitoring Requirements ......................................................... E-13 Table E-6. Receiving Water Monitoring Requirements ......................................................... E-14 Table E-7. Groundwater Monitoring Requirements .............................................................. E-15 Table E-8. Municipal Water Supply Monitoring Requirements .............................................. E-16 Table E-9. Filtration Monitoring and UV Disinfection System Monitoring Requirements ...... E-17 Table E-10. Pond Monitoring ................................................................................................ E-18 Table E-11. Effluent and Receiving Water Characterization Monitoring ............................... E-20 Table E-12. Monitoring Periods and Reporting Schedule ..................................................... E-28 Table E-13. Technical Reports ............................................................................................. E-38

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ATTACHMENT E – MONITORING AND REPORTING PROGRAM (MRP)
The Code of Federal Regulations (40 C.F.R. section 122.48) requires that all NPDES permits specify monitoring and reporting requirements. Water Code sections 13267 and 13383 also authorize the Central Valley Water Board to require technical and monitoring reports. This MRP establishes monitoring and reporting requirements that implement federal and California regulations.

I. GENERAL MONITORING PROVISIONS
A. Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring locations specified below and, unless otherwise specified, before the monitored flow joins or is diluted by any other waste stream, body of water, or substance. Monitoring locations shall not be changed without notification to and the approval of the Central Valley Water Board.

B. Final effluent samples shall be taken downstream of the last addition of wastes to the treatment or discharge works where a representative sample may be obtained prior to mixing with the receiving waters. Samples shall be collected at such a point and in such a manner to ensure a representative sample of the discharge.

C. Chemical, bacteriological, and bioassay analyses of any material required by this Order shall be conducted by a laboratory accredited for such analyses by the State Water Resources Control Board (State Water Board), Division of Drinking Water (DDW; formerly the Department of Public Health), in accordance with the provision of Water Code section 13176. Laboratories that perform sample analyses must be identified in all monitoring reports submitted to the Central Valley Water Board. Data generated from field measurements such as pH, dissolved oxygen (DO), electrical conductivity (EC), turbidity, temperature, and residual chlorine, are exempt pursuant to Water Code Section 13176. A manual containing the steps followed in this program for any field measurements such as pH, DO, EC, turbidity, temperature, and residual chlorine must be kept onsite in the treatment facility laboratory and shall be available for inspection by Central Valley Water Board staff. The Discharger must demonstrate sufficient capability (qualified and trained employees, properly calibrated and maintained field instruments, etc.) to adequately perform these field measurements. The Quality Assurance-Quality Control Program must conform to U.S. EPA guidelines or to procedures approved by the Central Valley Water Board.

D. Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. All monitoring instruments and devices used by the Discharger to fulfill the prescribed monitoring program shall be properly maintained and calibrated as necessary, at least yearly, to ensure their

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continued accuracy. All flow measurement devices shall be calibrated at least once per year to ensure continued accuracy of the devices.

E. Monitoring results, including noncompliance, shall be reported at intervals and in a manner specified in this Monitoring and Reporting Program.

F. Laboratory analytical methods shall be sufficiently sensitive in accordance with the Sufficiently Sensitive Methods Rule (SSM Rule) specified under 40 C.F.R. 122.21(e)(3) and 122.44(i)(1)(iv). A U.S. EPA-approved analytical method is sufficiently sensitive for a pollutant/parameter where:

1. The method minimum level (ML) is at or below the applicable water quality objective for the receiving water, or;

2. The method ML is above the applicable water quality objective for the receiving water but the amount of the pollutant/parameter in the discharge is high enough that the method detects and quantifies the level of the pollutant/parameter, or;

3. the method ML is above the applicable water quality objective for the receiving water, but the ML is the lowest of the 40 C.F.R. 136 U.S. EPA-approved analytical methods for the pollutant/parameter.

G. The Discharger shall ensure that the results of the Discharge Monitoring ReportQuality Assurance (DMR-QA) Study or the most recent Water Pollution Performance Evaluation Study are submitted annually to the State Water Resources Control 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
H. The Discharger shall file with the Central Valley Water Board technical reports on self-monitoring performed according to the detailed specifications contained in this Monitoring and Reporting Program.

I. The results of all monitoring required by this Order shall be reported to the Central Valley Water Board and shall be submitted in such a format as to allow direct comparison with the limitations and requirements of this Order. Unless otherwise specified, discharge flows shall be reported in terms of the monthly average and the daily maximum discharge flows.

II. MONITORING LOCATIONS
The Discharger shall establish the following monitoring locations to demonstrate compliance with the effluent limitations, discharge specifications, and other requirements in this Order:

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Table E-1. Monitoring Station Locations
Discharge
Point Name
Monitoring
Location Name
Monitoring Location Description
-- INF-001 A location where a representative sample of the influent into the Facility can be collected prior to any plant return flows or treatment processes.
001A EFF-001A A location where a representative sample of the effluent from the Facility can be collected from the last connection through which wastes can be admitted to
the outfall at Discharge Point 001A.
001B EFF-001B A location where a representative sample of the effluent from the Facility can be collected from the last connection through which wastes can be admitted to
the outfall at Discharge Point 001B.
-- RSW-001 San Joaquin River, at Bowman Road, approximately located at 37° 57’ 51” N and 121°19’ 24” W.
-- RSW-002 San Joaquin River approximately 0.5 mile south of DIS-001A or DIS-001B, whichever discharge location
is in use at the time the receiving water samples are
collected.
-- RSW-002A San Joaquin River, approximately 0.5 mile north of DIS-001A or DIS-001B, whichever discharge location
is in use at the time the receiving water samples are
collected.
-- RSW-003 San Joaquin River, at Deep Water Channel,
approximately located at 37° 57’ 01” N and 121° 20’
09” W.
-- RGW-001 Monitoring Wells MW-7 and MW-10.
-- UVS-001 A location where a representative sample of
wastewater can be collected immediately downstream
of the ultraviolet light (UV) disinfection system.
-- FIL-001 A location where a representative sample of the effluent from the tertiary filtration system can be
collected prior to the disinfection system.
-- BIO-001 A location where a representative sample of biosolids can be obtained prior to removal from the Facility.
-- PND-123C A location where a representative composite sample of the treatment ponds’ wastewater can be obtained.
-- SPL-001 A location where a representative sample of the municipal water supply can be obtained.

The North latitude and West longitude information in Table E-1 are approximate for administrative purposes.

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III. INFLUENT MONITORING REQUIREMENTS
A. Monitoring Location INF-001

1. The Discharger shall monitor influent to the Facility at Monitoring Location INF001 in accordance with Table E-2 and the testing requirements described in section III.A.2 below:

Table E-2. Influent Monitoring
Parameter Units Sample Type Minimum Sampling
Frequency
Flow MGD Meter Continuous
pH standard units Grab Continuous
Carbonaceous
Biochemical Oxygen
Demand (CBOD5) (5-day
@ 20°Celcius)
mg/L 24-hour
Composite
1/Week
Total Suspended Solids mg/L 24-hour
Composite
1/Week
Electrical Conductivity @
25°Celcius
µmhos/cm Grab 1/Month
Total Dissolved Solids mg/L Grab 1/Month

2. Table E-2 Testing Requirements. The Discharger shall comply with the following testing requirements when monitoring for the parameters described in Table E-2:
a. Applicable to all parameters. Pollutants shall be analyzed using the analytical methods described in 40 CFR part 136; or by methods approved by the Central Valley Water Board or the State Water Board. In addition, if requested by the Discharger, the sample type may be modified by the Executive Officer to another 40 CFR part 136 allowed sample type. b. Grab samples shall not be collected at the same time each day to get a complete representation of variations in the influent.
c. Composite samples shall be collected from a 24-hour flow proportional composite.
d. pH. Monitoring may be ceased for up to 30 minutes each day for cleaning and calibration of probes.

IV. EFFLUENT MONITORING REQUIREMENTS
A. Monitoring Locations EFF-001A and EFF-001B

1. The Discharger shall monitor tertiary treated effluent at Monitoring Location EFF-001A or EFF-001B, depending on whichever discharge location is in use

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at the time, in accordance with Table E-3 and the testing requirements described in section IV.A.2 below:

Table E-3. Effluent Monitoring
Pollutant Parameter Units Sample Type
Minimum
Sampling
Frequency
Flow MGD Meter Continuous
Carbonaceous Biochemical
Oxygen Demand (CBOD5) 5-
day @ 20°Celcius
mg/L 24-hour
Composite 3/Week
pH standard units Meter Continuous
Total Suspended Solids
(TSS) mg/L 24-hourComposite 3/Week
Bromoform µg/L Grab 1/Month
Chlorodibromomethane µg/L Grab 1/Month
Dichlorobromomethane µg/L Grab 1/Month
Mercury, Total Recoverable ng/L Grab 1/Quarter
Ammonia Nitrogen, Total (as
N) mg/L 24-hr Composite 3/Week
Ammonia Nitrogen, Total (as
N) lbs/day Calculate 3/Week
Chlorine, Total Residual mg/L Meter Continuous
Chlorpyrifos µg/L Grab 1/Year
Diazinon µg/L Grab 1/Year
Dissolved Organic Carbon mg/L Grab 1/Month
Dissolved Oxygen mg/L Grab 3/Week
Electrical Conductivity @
25°Celcius µmhos/cm Grab 1/Week
Hardness, Total (as CaCO3) mg/L Grab 1/Month
Methylmercury ng/L Grab 1/Quarter
Nitrate Nitrogen, Total (as N) mg/L 24-hr Composite 1/Week Nitrite Nitrogen, Total (as N) mg/L 24-hr Composite 1/Week Nitrate Plus Nitrite, Total (as
N)
mg/L Calculate 1/Week
Sulfur Dioxide or Sodium
Bisulfite
mg/L Meter Continuous
Temperature °F Meter Continuous
Total Coliform Organisms MPN/100 mL Grab 3/Week
Total Dissolved Solids mg/L Grab 1/Month
Turbidity NTU Meter Continuous

2. Table E-3 Testing Requirements. The Discharger shall comply with the following testing requirements when monitoring for the parameters described in Table E-3:

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a. Applicable to all parameters. Pollutants shall be analyzed using the analytical methods described in 40 CFR part 136 or by methods approved by the Central Valley Water Board or the State Water Board. In addition, if requested by the Discharger, the sample type may be modified by the Executive Officer to another 40 CFR part 136 allowed sample type. b. 24-hour composite samples shall be collected from a 24-hour flow proportional composite.
c. Temperature and pH shall be recorded at the time of ammonia sample collection.
d. Ammonia. Ammonia samples shall be collected concurrently with whole effluent toxicity monitoring.
e. Total Residual Chlorine must be monitored using an analytical method that is sufficiently sensitive to measure at the permitted level of 0.01 mg/L. f. pH. Monitoring for pH may be ceased for up to 30 minutes each day for cleaning and calibration of probes.
g. Unfiltered methyl mercury and total mercury samples shall be taken using clean hands/dirty hands procedures, as described in U.S. EPA method 1669: Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels, for collection of equipment blanks (section 9.4.4.2).

The analysis of methyl mercury and total mercury shall be by U.S. EPA method 1630 and1631 (Revision E), respectively, with a reporting limit of

0.05 ng/L for methyl mercury and 0.5 ng/L for total mercury. h. Samples for total coliform organisms may be collected at any point following disinfection.
i. Priority Pollutants. For all priority pollutant constituents listed in Table E-3, the reporting level shall be consistent with sections 2.4.2 and 2.4.3 of the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California.
j. Chlorpyrifos and Diazinon shall be sampled using U.S. EPA Method 625M, Method 8141, or equivalent GC/MS method with a lower Reporting Limit than the Basin Plan Water Quality Objectives of 0.015 µg/L and 0.1 µg/L for chlorpyrifos and diazinon, respectively.
k. When discharging from Discharge Point No. 001B, monitoring for chlorine, total residual, and sulfur dioxide/sodium bisulfite is not required.

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l. When discharging at Discharge Point 001A, turbidity shall be monitored at EFF-001A. When discharging at Discharge Point 001B, turbidity shall be monitored at FIL-001.
m. Monitoring for Dissolved Organic Carbon is only required after completion of the Facility Modifications Project.

V. WHOLE EFFLUENT TOXICITY TESTING REQUIREMENTS
A. Acute Toxicity Testing. The Discharger shall conduct acute toxicity testing to determine whether the effluent is contributing acute toxicity to the receiving water.

The Discharger shall meet the acute toxicity testing requirement:

1. Monitoring Frequency – The Discharger shall perform quarterly acute toxicity testing, concurrent with effluent ammonia sampling.

2. Sample Types – The Discharger may use flow-through or static renewal testing. For static renewal testing, the samples shall be flow proportional 24- hour composites and shall be representative of the volume and quality of the discharge. The effluent samples shall be taken at Monitoring Location EFF001A or EFF-001B, depending on whichever discharge location is in use at the time.

3. Test Species – Test species shall be rainbow trout (Oncorhynchus mykiss).

4. Methods – The acute toxicity testing samples shall be analyzed using EPA821-R-02-012, Fifth Edition. Temperature, total residual chlorine, and pH shall be recorded at the time of sample collection. No pH adjustment may be made unless approved by the Executive Officer.

5. Test Failure – If an acute toxicity test does not meet all test acceptability criteria, as specified in the test method, the Discharger must re-sample and retest as soon as possible, not to exceed 7 days following notification of test failure.

B. Chronic Toxicity Testing. The Discharger shall meet the chronic toxicity testing requirements:

1. Monitoring Frequency – The Discharger shall perform routine quarterly chronic toxicity testing. Effective immediately and until 31 March 2025, the routine quarterly chronic toxicity testing shall only be conducted once during the first quarter and once during the fourth quarter. For the second and third quarterly self-monitoring reports, the Discharger shall submit a monitoring report stating that chronic toxicity monitoring is not required. If the result of the routine chronic toxicity testing event exhibits toxicity, demonstrated by a result greater than 1.3 chronic toxicity units (TUc) (as 100/EC25) AND a percent effect greater than 25 percent at 100 percent effluent, the Discharger has the option of conducting two additional compliance monitoring events and performing chronic toxicity testing using the species that exhibited toxicity in

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order to calculate a median. The optional compliance monitoring events shall occur at least 1 week apart and the final monitoring event shall be initiated no later than 6 weeks from the routine monitoring event that exhibited toxicity.

2. Sample Types – Effluent samples shall be flow proportional 24-hour composites and shall be representative of the volume and quality of the discharge. The effluent samples shall be taken at Monitoring Location EFF001A or EFF-001B, depending on whichever discharge location is in use at the time. The receiving water control shall be a grab sample obtained from Monitoring Location RSW-001, as identified in this MRP.

3. Sample Volumes – Adequate sample volumes shall be collected to provide renewal water to complete the test in the event that the discharge is intermittent.

4. Test Species – The testing shall be conducted using the most sensitive species. The Discharger shall conduct chronic toxicity tests with Ceriodaphnia dubia, unless otherwise specified in writing by the Executive Officer.

5. Methods – The presence of chronic toxicity shall be estimated as specified in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, Fourth Edition, EPA/821-R-02- 013, October 2002 (Method Manual).

6. Reference Toxicant – As required by the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (State Implementation Policy or SIP), all chronic toxicity tests shall be conducted with concurrent testing with a reference toxicant and shall be reported with the chronic toxicity test results.

7. Dilutions – For routine and compliance chronic toxicity monitoring, the chronic toxicity testing shall be performed using the dilution series identified in Table E4, below. For Toxicity Reduction Evaluation (TRE) monitoring, the chronic toxicity testing shall be performed using the dilution series identified in Table E4, below, unless an alternative dilution series is detailed in the submitted TRE Action Plan. A receiving water control or laboratory water control may be used as the diluent.

Table E-4. Chronic Toxicity Testing Dilution Series
Samples Dilution% Dilution% Dilution% Dilution% Dilution% Controls % Effluent 100 75 50 25 6.25 0
% Control Water 0 25 50 75 93.7 100

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8. Test Failure – The Discharger must re-sample and re-test as soon as possible, but no later than fourteen (14) days after receiving notification of a test failure.

A test failure is defined as follows:
a. The reference toxicant test or the effluent test does not meet all test acceptability criteria as specified in the Method Manual, and its subsequent amendments or revisions; or
b. The percent minimum significant difference (PMSD) measured for the test exceeds the upper PMSD bound variability criterion in the Method Manual.

C. WET Testing Notification Requirements. The Discharger shall notify the Central Valley Water Board within 24 hours after the receipt of test results exceeding the interim chronic toxicity effluent limitation established in section IV.A.2.a of the Order or the chronic toxicity effluent numeric trigger established in section VI.C.2.a.i of the Order, or an exceedance of the acute toxicity effluent limitation established in section IV.A.1.c of the Order.

D. WET Testing Reporting Requirements. All toxicity test reports shall include the contracting laboratory’s complete report provided to the Discharger and shall be in accordance with the appropriate “Report Preparation and Test Review” sections of the method manuals. At a minimum, WET monitoring shall be reported as follows:

1. Chronic WET Reporting. Routing and compliance chronic toxicity monitoring results shall be reported to the Central Valley Water Board with the quarterly self-monitoring report, and shall contain, at minimum:
a. The results expressed in TUc, measured as 100/NOEC, and also measured as 100/LC50, 100/EC25, 100/IC25, and 100/IC50, as appropriate.
b. The statistical methods used to calculate endpoints; c. The statistical output page, which includes the calculation of the percent minimum significant difference (PMSD);
d. The dates of sample collection and initiation of each toxicity test; and e. The results compared to the numeric toxicity monitoring trigger.

Additionally, the monthly SMR’s shall contain an updated chronology of chronic toxicity test results expressed in TUc, and organized by test species, type of test (survival, growth or reproduction), and monitoring type, i.e., routine, compliance, Toxicity Evaluation Study (TES), or TRE monitoring.

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2. Acute WET Reporting. Acute toxicity test results shall be submitted with the quarterly SMR’s and reported as percent survival.

3. TRE Reporting. Reports for TREs shall be submitted in accordance with the schedule contained in the Discharger’s approved TRE Workplan, or as amended by the Discharger’s TRE Action Plan.

4. Quality Assurance (QA). The Discharger must provide the following information for QA purposes:
a. Results of the applicable reference toxicant data with the statistical output page giving the species, NOEC, LOEC, type of toxicant, dilution water used, concentrations used, PMSD, and dates tested.
b. The reference toxicant control charts for each endpoint, which include summaries of reference toxicant tests performed by the contracting laboratory.
c. Any information on deviations or problems encountered and how they were dealt with.

E. Most Sensitive Species Screening. The Discharger is in the process of completing Facility upgrades that may impact the nature of the discharge. Upon completion of the Facility Modifications Project, the Discharger shall perform re-screening to reevaluate the most sensitive species.

1. Frequency of Testing for Species Sensitivity Screening. Species sensitivity screening for chronic toxicity shall include, at a minimum, chronic WET testing results from four consecutive samples using the water flea (Ceriodaphnia dubia), fathead minnow (Pimephales promelas), and green alga (Pseudokirchneriella subcapitata). The tests shall be performed using 100 percent effluent and one control. If the first two species sensitivity re-screening events result in no change in the most sensitive species, the Discharger may cease the species sensitivity re-screening testing and the most sensitive species will remain unchanged.

2. Determination of Most Sensitive Species. If a single test in the species sensitivity screening testing exceeds 1 TUc (as 100/NOEC), then the species used in that test shall be established as the most sensitive species. If there is more than a single test that exceeds 1 TUc (as 100/NOEC), then the species exceeding 1 TUc (as 100/NOEC) that exhibits the highest percent effect shall be established as the most sensitive species. If none of the tests in the species sensitivity screening exceeds 1 TUc (as 100/NOEC), but at least one of the species exhibits a percent effect greater than 10 percent, then the single species that exhibits the highest percent effect shall be established as the most sensitive species. In all other circumstances, the Executive Officer shall have

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discretion to determine which single species is the most sensitive considering the test results from the species sensitivity screening.

VI. LAND DISCHARGE MONITORING REQUIREMENTS – NOT APPLICABLE VII. RECYCLING MONITORING REQUIREMENTS – NOT APPLICABLE VIII. RECEIVING WATER MONITORING REQUIREMENTS
The Discharger is required to participate in the Delta Regional Monitoring Program.1 Delta Regional Monitoring Program data is not intended to be used directly to represent either upstream or downstream water quality for purposes of determining compliance with this Order. Delta Regional Monitoring Program monitoring stations are established generally as “integrator sites” to evaluate the combined impacts on water quality of multiple discharges into the Delta; Delta Regional Monitoring Program monitoring stations would not normally be able to identify the source of any specific constituent but would be used to identify water quality issues needing further evaluation. Delta Regional Monitoring Program monitoring data, along with the individual Discharger data, may be used to help establish background receiving water quality for reasonable potential analyses (RPA’s) in an NPDES permit after evaluation of the applicability of the data for that purpose. Delta Regional Monitoring Program data, as with all environmental monitoring data, can provide an assessment of water quality at a specific place and time that can be used in conjunction with other information, such as other receiving water monitoring data, spatial and temporal distribution and trends of receiving water data, effluent data from the Discharger’s discharge and other point and non-point source discharges, receiving water flow volume, speed and direction, and other information to determine the likely source or sources of a constituent that resulted in the exceedance of a water quality objective.

A. Monitoring Locations RSW-001 and RSW-003

1. The Discharger shall monitor the San Joaquin River at Monitoring Locations RSW-001 and RSW-003 in accordance with Table E-5 and the testing requirements described in section A.2 below:
1 While participating in the Delta Regional Monitoring Program, the Discharger shall continue to submit receiving water data for temperature. At a minimum, one representative upstream receiving water temperature sample shall be submitted annually for the month of January.

The temperature data shall be submitted in the January SMR and will be used to determine compliance with the temperature effluent limitation. Temperature data may be collected by the Discharger for this purpose or the Discharger may submit representative temperature data from the Delta RMP or other appropriate monitoring programs (e.g., Department of Water Resources, United States Geological Survey, etc.)

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Table E-5. Receiving Water Monitoring Requirements
Parameter Units Sample Type
Minimum
Sampling
Frequency
Required
Analytical Test
Method
pH standard units Grab 1/Month (see
requirement 2.a.
below)
Dissolved
Oxygen
mg/L Grab 1/Month (see
requirement 2.a.
below)
Electrical
Conductivity @
25°C
µmhos/cm Grab 1/Month (see
requirement 2.a.
below)
Ammonia
Nitrogen, Total
(as N)
mg/L Grab 1/Month (see
requirement

2.a., 2b., and

2.c. below)
Hardness, Total
(as CaCO3)
mg/L Grab 1/Month (see
requirement 2.a.
below)
Temperature °F Grab 1/Month (see
requirement 2.a.
below)
Turbidity NTU Grab 1/Month (see
requirement 2.a.
below)

2. Table E-5 Testing Requirements. The Discharger shall comply with the following testing requirements when monitoring for the parameters described in Table E-5:
a. Pollutants shall be analyzed using the analytical methods described in 40 C.F.R. part 136 or by methods requested by the Discharger that have been approved by the Central Valley Water Board or the State Water Board. In addition, if requested by the Discharger, the sample type may be modified by the Executive Officer to another 40 CFR Part 136 allowed sample type.
b. pH and temperature shall be recorded at the time of ammonia sample collection.
c. The RL shall be at or below 0.5 mg/L.

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B. Monitoring Locations RSW-002 and RSW-002A

1. The Discharger shall monitor the San Joaquin River at Monitoring Locations RSW-002 and RSW-002A in accordance with Table E-6 and the testing requirements described in section B.2 below as follows:

Table E-6. Receiving Water Monitoring Requirements
Parameter Units Sample
Type
Minimum Sampling
Frequency
Required Analytical Test
Method
pH standard
units
Grab 1/Month (see requirement 2.a.
below)
Dissolved
Oxygen
mg/L Grab 1/Month (see requirement 2.a.
below)
Electrical
Conductivity @
25°C
µmhos/cm Grab 1/Month (see requirement 2.a.
below)
Ammonia
Nitrogen, Total
(as N)
mg/L Grab 1/Month (see requirement 2.a., 2b.,
and 2.c. below)
Hardness, Total
(as CaCO3)
mg/L Grab 1/Month (see requirement 2.a.
below)
Temperature °F Grab 1/Month (see requirement 2.a.
below)
Turbidity NTU Grab 1/Month (see requirement 2.a.
below)

2. Table E-6 Testing Requirements. The Discharger shall comply with the following testing requirements when monitoring for the parameters described in Table E-6:
a. Pollutants shall be analyzed using the analytical methods described in 40 C.F.R. part 136 or by methods requested by the Discharger that have been approved by the Central Valley Water Board or the State Water Board. In addition, if requested by the Discharger, the sample type may be modified by the Executive Officer to another 40 CFR Part 136 allowed sample type.
b. pH and temperature shall be recorded at the time of ammonia sample collection.
c. The RL shall be at or below 0.5 mg/L.

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C. Monitoring Location RGW-001

1. The Discharger shall conduct groundwater monitoring at RGW-001 and any new groundwater monitoring wells in accordance with Table E-7 and the testing requirements described in section C.2 below:

Table E-7. Groundwater Monitoring Requirements
Parameter Units Sample Type Minimum Sampling
Frequency
Depth to Groundwater ±0.01 feet Measurement 2/Year
Groundwater Elevation ±0.01 feet Calculated 2/Year
Gradient feet/feet Calculated 2/Year
Gradient Direction degrees Calculated 2/Year
Electrical Conductivity @
25°C μmhos/cm Grab 2/Year
pH standard units Grab 2/Year
Nitrate Nitrogen, Total (as N) mg/L Grab 2/Year

2. Table E-7 Testing Requirements. The Discharger shall comply with the following testing requirements when monitoring for the parameters described in Table E-7:
a. Prior to construction and/or beginning a sampling program of any new groundwater monitoring wells, the Discharger shall submit plans and specifications to the Central Valley Water Board for approval. Once installed, all new wells shall be added to the monitoring network and shall be sampled and analyzed according to the schedule below. All samples shall be collected using U.S. EPA-approved methods. Water table elevations shall be calculated to determine groundwater gradient and direction of flow.
b. Prior to sampling, the groundwater elevations shall be measured and the wells shall be purged of at least three well volumes until temperature, pH, and electrical conductivity have stabilized. Depth to groundwater shall be measured to the nearest 0.01 feet. Groundwater monitoring at Monitoring Location RGW-001 shall include, at a minimum, the following:
c. Groundwater elevation shall be determined based on depth-to-water measurements from a surveyed measuring point elevation on the well.

The groundwater elevation shall be used to calculate the direction and gradient of groundwater flow, which must be reported.
d. Prior to removal of any groundwater monitoring wells, the Discharger shall submit plans and specifications to the Central Valley Water Board for approval. A Well Destruction Report shall be submitted to the Central Valley Water Board that describes in detail the methods used to abandon monitoring wells in accordance with an approved Groundwater Monitoring

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Well Condition Survey Report and Destruction Plan and includes copies of the well abandonment permits issued by the San Joaquin County Environmental Health Department.
e. Applicable to all parameters. Pollutants shall be analyzed using the analytical methods described in 40 C.F.R. part 136 or by methods requested by the Discharger that have been approved by the Central Valley Water Board or the State Water Board. In addition, if requested by the Discharger, the sample type may be modified by the Executive Officer to another 40 CFR Part 136 allowed sample type.

IX. OTHER MONITORING REQUIREMENTS
A. Biosolids

1. Monitoring Location BIO-001
a. A composite or grab sample of sludge shall be collected annually at Monitoring Location BIO-001 in accordance with EPA's POTW Sludge Sampling and Analysis Guidance Document, August 1989, and tested for priority pollutants (excluding asbestos).
b. Biosolids monitoring shall be conducted using the methods in Test Methods for Evaluating Solid Waste: Physical/Chemical Methods (U.S.

EPA publication SW 846), as required in 40 C.F.R. section 503.8(b)(4).

All results must be reported on a 100 percent dry weight basis. Records of all analyses must state on each page of the laboratory report whether the results are expressed in “100 percent dry weight” or “as is.” B. Municipal Water Supply

1. Monitoring Location SPL-001. The Discharger shall monitor the municipal water supply at Monitoring Location SPL-001 as follows.

Table E-8. Municipal Water Supply Monitoring Requirements Parameter Units Sample
Type Minimum Sampling
Total Dissolved Solids mg/L Grab 1/Year
Electrical Conductivity @
25°Celcius
µmhos/cm Grab 1/Year
Standard Minerals mg/L Grab 1/Year

2. Table E-8 Testing Requirements. The Discharger shall comply with the following testing requirements when monitoring for the parameters described in Table E-8:
a. Applicable to all parameters. Pollutants shall be analyzed using the analytical methods described in 40 C.F.R. part 136 or by methods requested by the Discharger that have been approved by the Central

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Valley Water Board or the State Water Board. In addition, if requested by the Discharger, the sample type may be modified by the Executive Officer to another 40 CFR Part 136 allowed sample type.
b. If the water supply is from more than one source, electrical conductivity and total dissolved solids shall be reported for each source. c. Standard minerals shall include the following: boron, calcium, iron, magnesium, potassium, sodium, chloride, manganese, phosphorus, total alkalinity (including alkalinity series), and hardness, and shall include verification that the analysis is complete (i.e., cation/anion balance).

C. Filtration System and Ultraviolet Light (UV) Disinfection System

1. Monitoring Locations UVS-001 and FIL-001. When discharging from Discharge Point No. 001B, the Discharger shall monitor the filtration system at Monitoring Location FIL-001 and the UV disinfection system at Monitoring Location UVS-001 in accordance with Table E-9 and the testing requirements described in section IX.C.2 below:

Table E-9. Filtration Monitoring and UV Disinfection System Monitoring Requirements Parameter Units Sample Type Monitoring
Location
Minimum
Sampling
Frequency
Flow (MGD) Meter UVS-001 Continuous
Turbidity (NTU) Meter FIL-001 Continuous
Number of UV banks in
operation Number Observation N/A Continuous
UV Transmittance Percent (%) Meter UVS-001 Continuous
UV Dose (mJ/cm 2) Calculated N/A Continuous

2. Table E-9 Testing Requirements. The Discharger shall comply with the following testing requirements when monitoring for the parameters described in Table E-9:
a. Applicable to all parameters. Pollutants shall be analyzed using the analytical methods described in 40 CFR part 136; or by methods approved by the Central Valley Water Board or the State Water Board. In addition, if requested by the Discharger, the sample type may be modified by the Executive Officer to another 40 CFR part 136 allowed sample type. b. Continuous analyzers. The Discharger shall report documented routine meter maintenance activities including date, time of day, and duration, in which the analyzer(s) is not in operation. If analyzer(s) fail to provide continuous monitoring for more than two hours and influent and/or effluent from the disinfection process is not diverted for retreatment, the Discharger shall obtain and report hourly manual and/or grab sample results. The Discharger shall not decrease power settings or reduce the

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number of UV lamp banks in operation while the continuous analyzers are out of service and water is being disinfected.
c. Turbidity. Report daily average and maximum turbidity. d. UV Dose. Report daily minimum hourly average UV dose and daily average UV dose. The minimum hourly average dose shall consist of lowest hourly average dose provided in any channel that had at least one bank of lamps operating during the hour interval. For channels that did not operate for the entire hour interval, the dose will be averaged based on the actual operation time.

D. Treatment Ponds

1. At a minimum, the Discharger shall monitor wastewater impounded in each Facility pond(s) at Monitoring Location PND-123C as required in Table E-10 and requirements a-c below, until the construction and commissioning of the Facility modifications are completed.
a. Monitoring required until completion of the Facility Modifications Project. b. Pollutants shall be analyzed using the analytical methods described in 40 C.F.R. part 136 or by methods requested by the Discharger that have been approved by the Central Valley Water Board or the State Water Board. In addition, if requested by the Discharger, the sample type may be modified by the Executive Officer to another 40 CFR Part 136 allowed sample type.
c. Grab samples shall be collected from each pond at the specified sampling frequency and combined to create one composite sample.

Table E-10. Pond Monitoring
Parameter Units Sample Type
Minimum
Sampling
Frequency
Required
Analytical
Test Method
Freeboard feet Measurement 1/Week --
pH standard
units Grab 1/Week
(see
requirement
b. above)
Dissolved Oxygen
(see requirement
c. above)
mg/L Grab 1/Week
(see
requirement
b. above)
Electrical
Conductivity @
25°C
µmhos/cm Grab
2/Year (see
requirements a.
and c. above)
(see
requirement
b. above)

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Parameter Units Sample Type
Minimum
Sampling
Frequency
Required
Analytical
Test Method
Nitrate, Total (as
N) mg/L Grab
2/Year (see
requirements a.
and c. above)
(see
requirement
b. above)
E. Effluent and Receiving Water Characterization

1. Since the Discharger is participating in the Delta Regional Monitoring Program, as described in Attachment E, section VIII, this section only requires effluent characterization monitoring. However, the ROWD for the next permit renewal shall include, at minimum, one representative ambient background characterization monitoring event for priority pollutant constituents2during the term of the permit. The ambient background characterization monitoring event shall be conducted at Monitoring Location RSW-001. Data from the Delta Regional Monitoring Program may be utilized to characterize the receiving water in the permit renewal. Alternatively, the Discharger may conduct any sitespecific receiving water monitoring deemed appropriate by the Discharger and submit that monitoring data with the ROWD. In general, monitoring data from samples collected in the immediate vicinity of the discharge will be given greater weight in permitting decisions than receiving water monitoring data collected at greater distances from the discharge point.

2. Table E-11 Testing Requirements. The Discharger shall comply with the following testing requirements when monitoring for the parameters described in Table E-11.
a. Once per Permit Term. Samples shall be collected from the effluent (Monitoring Location EFF-001A or EFF-001B, depending on whichever discharge location is in use at the time) and analyzed for the constituents listed in Table E-11, below. Constituents shall be collected and analyzed consistent with the Discharger’s Analytical Methods Report (MRP, X.D.1) using sufficiently sensitive analytical methods and Reporting Levels per the SSM Rule specified in 40 C.F.R. 122.21(e)(3) and 122.44(i)(1)(iv). The “Reporting Level” is synonymous with the “Method Minimum Level” described in the SSM Rule. At minimum, one representative effluent characterization monitoring event shall be conducted during 2021 and the results of such monitoring shall be submitted to the Central Valley Water Board with the annual self-monitoring report. Each individual monitoring event shall provide representative sample results for the effluent. 2 Appendix A to 40 C.F.R. part 423.

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b. Sample Type. All receiving water samples shall be taken as grab samples. Effluent samples shall be taken as described in Table E-11, below.
c. The Discharger is not required to conduct effluent monitoring for constituents that have already been sampled in a given month, as required in Table E-3, except for hardness, pH, and temperature, which shall be conducted concurrently with the effluent sampling. d. All 24-hour composite samples shall be collected from a 24-hour flow proportional composite.
e. Bis (2-ethylhexyl) phthalate. In order to verify if bis (2-ethylhexyl) phthalate is truly present, the Discharger shall take steps to assure that sample containers, sampling apparatus, and analytical equipment are not sources of the detected contaminant.
f. Analytical Methods Report Certification. Prior to beginning the Effluent and Receiving Water Characterization monitoring, the Discharger shall provide a certification acknowledging the scheduled start date of the Effluent and Receiving Water Characterization monitoring and confirming that samples will be collected and analyzed as described in the previously submitted Analytical Methods Report. If there are changes to the previously submitted Analytical Methods Report, the Discharger shall outline those changes. A one-page certification form will be provided by Central Valley Water Board staff with the permit’s Notice of Adoption that the Discharger can use to satisfy this requirement. The certification form shall be submitted electronically via CIWQS submittal by the due date in the Technical Reports Table.

Table E-11. Effluent and Receiving Water Characterization Monitoring

VOLATILE ORGANICS
CTR
Number Volatile Organic Parameters CAS Number Units
Effluent Sample
Type
(see table note 3.
below)
25 2-Chloroethyl vinyl Ether 110-75-8 µg/L Grab
17 Acrolein 107-02-8 µg/L Grab
18 Acrylonitrile 107-13-1 µg/L Grab
19 Benzene 71-43-2 µg/L Grab
20 Bromoform
(see table note 1. below)
75-25-2 µg/L Grab
21 Carbon Tetrachloride 56-23-5 µg/L Grab
22 Chlorobenzene 108-90-7 µg/L Grab
24 Chloroethane 75-00-3 µg/L Grab

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CTR
Number Volatile Organic Parameters CAS Number Units
Effluent Sample
Type
(see table note 3.
below)
26 Chloroform 67-66-3 µg/L Grab
35 Methyl Chloride 74-87-3 µg/L Grab
23 Dibromochloromethane
(see table note 1. below)
124-48-1 µg/L Grab
27 Dichlorobromomethane
(see table note 1. below)
75-27-4 µg/L Grab
36 Methylene Chloride 75-09-2 µg/L Grab
33 Ethylbenzene 100-41-4 µg/L Grab
89 Hexachlorobutadiene 87-68-3 µg/L Grab
34 Methyl Bromide (Bromomethane) 74-83-9 µg/L Grab
94 Naphthalene 91-20-3 µg/L Grab
38 Tetrachloroethylene (PCE) 127-18-4 µg/L Grab
39 Toluene 108-88-3 µg/L Grab
40 trans-1,2-Dichloroethylene 156-60-5 µg/L Grab
43 Trichloroethylene (TCE) 79-01-6 µg/L Grab
44 Vinyl Chloride 75-01-4 µg/L Grab
21 Methyl-tert-butyl ether (MTBE) 1634-04-4 µg/L Grab
41 1,1,1-Trichloroethane 71-55-6 µg/L Grab
42 1,1,2-Trichloroethane 79-00-5 µg/L Grab
28 1,1-Dichloroethane 75-34-3 µg/L Grab
30 1,1-Dichloroethylene (DCE) 75-35-4 µg/L Grab
31 1,2-Dichloropropane 78-87-5 µg/L Grab
32 1,3-Dichloropropylene 542-75-6 µg/L Grab
37 1,1,2,2-Tetrachloroethane 79-34-5 µg/L Grab
101 1,2,4-Trichlorobenzene 120-82-1 µg/L Grab
29 1,2-Dichloroethane 107-06-2 µg/L Grab
75 1,2-Dichlorobenzene 95-50-1 µg/L Grab
76 1,3-Dichlorobenzene 541-73-1 µg/L Grab
77 1,4-Dichlorobenzene 106-46-7 µg/L Grab

SEMI-VOLATILE ORGANICS
CTR
Number Semi-Organic Volatile Parameters CAS Number Units Effluent Sample
Type
(see table note 3.
below)
60 Benzo(a)Anthracene 56-55-3 µg/L Grab
85 1,2-Diphenylhydrazine 122-66-7 µg/L Grab
45 2-Chlorophenol 95-57-8 µg/L Grab
46 2,4-Dichlorophenol 120-83-2 µg/L Grab
47 2,4-Dimethylphenol 105-67-9 µg/L Grab
49 2,4-Dinitrophenol 51-28-5 µg/L Grab

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CTR
Number Semi-Organic Volatile Parameters CAS Number Units Effluent Sample
Type
(see table note 3.
below)
82 2,4-Dinitrotoluene 121-14-2 µg/L Grab
55 2,4,6-Trichlorophenol 88-06-2 µg/L Grab
83 2,6-Dinitrotoluene 606-20-2 µg/L Grab
50 2-Nitrophenol 88-75-5 µg/L Grab
71 2-Chloronaphthalene 91-58-7 µg/L Grab
78 3,3-Dichlorobenzidine 91-94-1 µg/L Grab
62 Benzo(b)Fluoranthene 205-99-2 µg/L Grab
52 4-Chloro-3-methylphenol 59-50-7 µg/L Grab
48 2-Methyl-4,6-Dinitrophenol 534-52-1 µg/L Grab
51 4-Nitrophenol 100-02-7 µg/L Grab
69 4-Bromophenyl Phenyl Ether 101-55-3 µg/L Grab
72 4-Chlorophenyl Phenyl Ether 7005-72-3 µg/L Grab
56 Acenaphthene 83-32-9 µg/L Grab
57 Acenaphthylene 208-96-8 µg/L Grab
58 Anthracene 120-12-7 µg/L Grab
59 Benzidine 92-87-5 µg/L Grab
61 Benzo(a)Pyrene 50-32-8 µg/L Grab
63 Benzo(ghi)Perylene 191-24-2 µg/L Grab
64 Benzo(k)Fluoranthene 207-08-9 µg/L Grab
65 Bis (2-Chloroethoxy) Methane 111-91-1 µg/L Grab
66 Bis (2-Chloroethyl) Ether 111-44-4 µg/L Grab
67 Bis (2-Chloroisopropyl) Ether 108-60-1 µg/L Grab
68 Bis(2-Ethylhexyl) Phthalate
(see table note 2. below)
117-81-7 µg/L Grab
70 Butylbenzyl Phthalate 85-68-7 µg/L Grab
73 Chrysene 218-01-9 µg/L Grab
81 Di-n-butyl Phthalate 84-74-2 µg/L Grab
84 Di-n-Octyl Phthalate 117-84-0 µg/L Grab
74 Dibenzo(a,h)anthracene 53-70-3 µg/L Grab
79 Diethyl Phthalate 84-66-2 µg/L Grab
80 Dimethyl Phthalate 131-11-3 µg/L Grab
86 Fluoranthene 206-44-0 µg/L Grab
87 Fluorene 86-73-7 µg/L Grab
88 Hexachlorobenzene 118-74-1 µg/L Grab
90 Hexachlorocyclopentadiene 77-47-4 µg/L Grab
91 Hexachloroethane 67-72-1 µg/L Grab
92 Indeno(1,2,3-cd) Pyrene 193-39-5 µg/L Grab
93 Isophorone 78-59-1 µg/L Grab
98 N-Nitrosodiphenylamine 86-30-6 µg/L Grab
96 N-Nitrosodimethylamine 62-75-9 µg/L Grab
97 N-Nitrosodi-n-Propylamine 621-64-7 µg/L Grab

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CTR
Number Semi-Organic Volatile Parameters CAS Number Units Effluent Sample
Type
(see table note 3.
below)
95 Nitrobenzene 98-95-3 µg/L Grab
53 Pentachlorophenol (PCP) 87-86-5 µg/L Grab
99 Phenanthrene 85-01-8 µg/L Grab
54 Phenol 108-95-2 µg/L Grab
100 Pyrene 129-00-0 µg/L Grab

INORGANICS
CTR
Number Inorganic Parameters CAS Number Units
Effluent Sample
Type
(see table note 3.
below)
NL Aluminum 7429-90-5 µg/L 24-hour Composite
1 Antimony, Total Recoverable 7440-36-0 µg/L 24-hour Composite 2 Arsenic, Total Recoverable 7440-38-2 µg/L 24-hour Composite 15 Asbestos 1332-21-4 µg/L 24-hour Composite
3 Beryllium, Total Recoverable 7440-41-7 µg/L 24-hour Composite 4 Cadmium, Total Recoverable 7440-43-9 µg/L 24-hour Composite 5a (III) Chromium, Total 7440-47-3 µg/L 24-hour Composite 6 Copper, Total Recoverable 7440-50-8 µg/L 24-hour Composite 14 Iron, Total Recoverable 7439-89-6 µg/L 24-hour Composite 7 Lead, Total Recoverable 7439-92-1 µg/L 24-hour Composite 8 Mercury, Total Recoverable
(see table note 1. below)
7439-97-6 µg/L Grab
NL Mercury, Methyl
(see table note 1. below)
22967-92-6 µg/L Grab
NL Manganese, Total Recoverable 7439-96-5 µg/L 24-hour Composite 9 Nickel, Total Recoverable 7440-02-0 µg/L 24-hour Composite 10 Selenium, Total Recoverable 7782-49-2 µg/L 24-hour Composite 11 Silver, Total Recoverable 7440-22-4 µg/L 24-hour Composite 12 Thallium, Total Recoverable 7440-28-0 µg/L 24-hour Composite 13 Zinc, Total Recoverable 7440-66-6 µg/L 24-hour Composite

NON-METALS/MINERALS
CTR
Number Non-Metal/Mineral Parameters CAS Number Units
Effluent Sample
Type
(see table note 3.
below)
NL Boron 7440-42-8 µg/L 24-hour Composite
NL Chloride 16887-00-6 mg/L 24-hour Composite
14 Cyanide, Total (as CN) 57-12-5 µg/L Grab

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CTR
Number Non-Metal/Mineral Parameters CAS Number Units
Effluent Sample
Type
(see table note 3.
below)
NL Phosphorus, Total (as P) 7723-14-0 mg/L 24-hour Composite NL Sulfate 14808-79-8 mg/L 24-hour Composite
NL Sulfide (as S) 5651-88-7 mg/L 24-hour Composite
PESTICIDES/PCBs/DIOXINS
CTR
Number Pesticide/PCB/Dioxin Parameters CAS Number Units Effluent Sample
Type
(see table note 3.
below)
110 4,4-DDD 72-54-8 µg/L 24-hour Composite
109 4,4-DDE 72-55-9 µg/L 24-hour Composite
108 4,4-DDT 50-29-3 µg/L 24-hour Composite
112 alpha-Endosulfan 959-98-8 µg/L 24-hour Composite
103 alpha-BHC (Benzene hexachloride) 319-84-6 µg/L 24-hour Composite 102 Aldrin 309-00-2 µg/L 24-hour Composite
113 beta-Endosulfan 33213-65-9 µg/L 24-hour Composite
104 beta-BHC (Benzene hexachloride) 319-85-7 µg/L 24-hour Composite 107 Chlordane 57-74-9 µg/L 24-hour Composite
106 delta-BHC (Benzene hexachloride) 319-86-8 µg/L 24-hour Composite 111 Dieldrin 60-57-1 µg/L 24-hour Composite
114 Endosulfan Sulfate 1031-07-8 µg/L 24-hour Composite 115 Endrin 72-20-8 µg/L 24-hour Composite
116 Endrin Aldehyde 7421-93-4 µg/L 24-hour Composite
117 Heptachlor 76-44-8 µg/L 24-hour Composite
118 Heptachlor Epoxide 1024-57-3 µg/L 24-hour Composite 105 gamma-BHC (Benzene hexachloride or
Lindane)
58-89-9 µg/L 24-hour Composite
119 Polychlorinated Biphenyl (PCB) 1016 12674-11-2 µg/L 24-hour Composite 120 PCB 1221 11104-28-2 µg/L 24-hour Composite
121 PCB 1232 11141-16-5 µg/L 24-hour Composite
122 PCB 1242 53469-21-9 µg/L 24-hour Composite
123 PCB 1248 12672-29-6 µg/L 24-hour Composite
124 PCB 1254 11097-69-1 µg/L 24-hour Composite
125 PCB 1260 11096-82-5 µg/L 24-hour Composite
126 Toxaphene 8001-35-2 µg/L 24-hour Composite
16 2,3,7,8-TCDD (Dioxin) 1746-01-6 mg/L 24-hour Composite

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CONVENTIONAL PARAMETERS
CTR
Number Conventional Parameters CAS Number Units
Effluent Sample
Type
(see table note 3.
below)
NL pH
(see table note 1. below)
-- SU Grab
NL Temperature
(see table note 1. below)
-- ºC Grab

NON-CONVENTIONAL PARAMETERS
CTR
Number Nonconventional Parameters CAS Number Units
Effluent Sample
Type
(see table note 3.
below)
NL Foaming Agents (MBAS) MBAS mg/L 24-hour Composite
NL Hardness (as CaCO3)
(see table note 1. below)
471-34-1 mg/L Grab
NL Specific Conductance
(Electrical Conductivity or EC)
(see table note 1. below)
EC µmhos
/cm
24-hour Composite
NL Total Dissolved Solids (TDS)
(see table note 1. below)
TDS mg/L 24-hour Composite
NL Dissolved Organic Carbon (DOC)
(see table note 1. below)
DOC mg/L 24-hour Composite

NUTRIENTS
CTR
Number Nutrient Parameters CAS Number Units
Effluent Sample
Type
(see table note 3.
below)
7 Ammonia (as N)
(see table note 1. below)
7664-41-7 mg/L 24-hour Composite
8 Nitrate (as N)
(see table note 1. below)
14797-55-8 mg/L 24-hour Composite
9 Nitrite (as N)
(see table note 1. below)
14797-65-0 mg/L 24-hour Composite

OTHER CONSTITUENTS OF CONCERN
CTR
Number Other Constituents of Concern CAS Number Units
Effluent Sample
Type
(see table note 3.
below)
NL 1,2,3-Trichloropropane (TCP) 96-18-4 ug/L Grab

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CTR
Number Other Constituents of Concern CAS Number Units
Effluent Sample
Type
(see table note 3.
below)
NL Trichlorofluoromethane 75-69-4 µg/L Grab
NL 1,1,2-Trichloro-1,2,2-Trifluoroethane 76-13-1 µg/L Grab NL Styrene 100-42-5 µg/L Grab
NL Xylenes 1330-20-7 µg/L Grab
NL Barium 7440-39-3 µg/L 24-hour Composite
NL Fluoride 16984-48-8 mg/L 24-hour Composite
NL Molybdenum 7439-98-7 µg/L 24-hour Composite
NL Tributyltin 688-73-3 µg/L 24-hour Composite
NL Alachlor 15972-60-8 µg/L 24-hour Composite
NL Atrazine 1912-24-9 µg/L 24-hour Composite
NL Bentazon 25057-89-0 µg/L 24-hour Composite
NL Carbofuran 1563-66-2 µg/L 24-hour Composite
NL 2,4-D 94-75-7 µg/L 24-hour Composite
NL Dalapon 75-99-0 µg/L 24-hour Composite
NL 1,2-Dibromo-3-chloropropane (DBCP) 96-12-8 µg/L 24-hour Composite NL Di(2-ethylhexyl)adipate 103-23-1 µg/L 24-hour Composite NL Dinoseb 88-85-7 µg/L 24-hour Composite
NL Diquat 85-00-7 µg/L 24-hour Composite
NL Endothal 145-73-3 µg/L 24-hour Composite
NL Ethylene Dibromide (EDB) 106-93-4 µg/L 24-hour Composite NL Methoxychlor 72-43-5 µg/L 24-hour Composite
NL Molinate (Ordram) 2212-67-1 µg/L 24-hour Composite
NL Oxamyl 23135-22-0 µg/L 24-hour Composite
NL Picloram 1918-02-1 µg/L 24-hour Composite
NL Simazine (Princep) 122-34-9 µg/L 24-hour Composite
NL Thiobencarb 28249-77-6 µg/L 24-hour Composite
NL 2,4,5-TP (Silvex) 93-72-1 µg/L 24-hour Composite
NL Chlorpyrifos
(see table note 1. below)
2921-88-2 µg/L 24-hour Composite
NL Diazinon
(see table note 1. below)
333-41-5 µg/L 24-hour Composite
Table E-11 Footnotes:
(1) The Discharger is not required to conduct effluent monitoring for constituents that have already been sampled in a given month, as required in Table E-3, except for hardness, pH, and temperature, which shall be conducted concurrently with the effluent sampling.
(2) In order to verify if bis (2-ethylhexyl) phthalate is truly present, the Discharger shall take steps to assure that sample containers, sampling apparatus, and analytical equipment are not sources of the detected contaminant.
(3) 24-hour flow proportional composite.

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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. Upon written request of the Central Valley Water Board, the Discharger shall submit a summary monitoring report. The report shall contain both tabular and graphical summaries of the monitoring data obtained during the previous year(s).

3. Compliance Time Schedules. For compliance time schedules included in the Order, the Discharger shall submit to the Central Valley Water Board, on or before each compliance due date, the specified document or a written report detailing compliance or noncompliance with the specific date and task. If noncompliance is reported, the Discharger shall state the reasons for noncompliance and include an estimate of the date when the Discharger will be in compliance. The Discharger shall notify the Central Valley Water Board by letter when it returns to compliance with the compliance time schedule.

4. The Discharger shall report to the Central Valley Water Board any toxic chemical release data it reports to the State Emergency Response Commission within 15 days of reporting the data to the Commission pursuant to section 313 of the "Emergency Planning and Community Right to Know Act” of 1986.

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 MRP under sections III through IX. The Discharger shall submit monthly SMR’s including the results of all required monitoring using U.S. EPA-approved test methods or other test methods specified in this Order. SMR’s 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. Monthly SMR’s are required even if there is no discharge. If no discharge occurs during the month, the monitoring report must be submitted stating that there has been no discharge.

3. Monitoring periods and reporting for all required monitoring shall be completed according to the following schedule:

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Table E-12. Monitoring Periods and Reporting Schedule
Sampling
Frequency
Monitoring
Period Begins
On
Monitoring Period SMR Due Date
Continuous Permit effective
date
All Submit with
monthly SMR
1/Day 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
3/Week Permit effective
date
Sunday through Saturday Submit with
monthly SMR
1/Week Permit effective
date
Sunday through Saturday Submit with
monthly SMR
1/Month Permit effective
date
1st day of calendar month through
last day of calendar month
First day of second
calendar month
following month of
sampling
1/Quarter Permit effective
date
1 January through 31 March
1 April through 30 June
1 July through 30 September
1 October through 31 December
1 May
1 August
1 November
1 February of
following year
2/Year Permit effective
date
1 January through 30 June
1 July through 31 December
1 August
1 February of
following year
1/Year Permit effective
date
1 January through 31 December 1 February of
following year

4. Reporting Protocols. The Discharger shall report with each sample result the applicable Reporting Level (RL) and the current laboratory’s Method Detection Limit (MDL), as determined by the procedure in 40 C.F.R. part 136.

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 RL shall be reported as measured by the laboratory (i.e., the measured chemical concentration in the sample).
b. Sample results less than the RL, 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

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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 Minimum Level (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. Multiple Sample Data. When determining compliance with an AMEL, AWEL, or MDEL for priority pollutants and more than one sample result is available, the Discharger shall compute the arithmetic mean unless the data set contains one or more reported determinations of “Detected, but Not Quantified” (DNQ) or “Not Detected” (ND). In those cases, 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.

6. The Discharger shall submit SMRs in accordance with the following requirements:
a. 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 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.

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b. 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 (WDR’s), 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. The Discharger shall attach all final laboratory reports from all contracted commercial laboratories, including quality assurance/quality control information, with all its SMRs for which sample analyses were performed.

This requirement only applies to constituents monitored per Table E-11 – Effluent and Receiving Water Characterization Monitoring, and per Table E-3 – Effluent Monitoring, for Bromoform, Chlorodibromomethane, Dichlorobromomethane, Mercury, Total Recoverable, Mercury (methyl), Chlorpyrifos, and Diazinon.

7. The Discharger shall submit in the SMRs calculations and reports in accordance with the following requirements:
a. Calendar Annual Average Limitations. For constituents with effluent limitations specified as “calendar annual average” (electrical conductivity) the Discharger shall report the calendar annual average in the annual SMR. The annual average shall be calculated as the average of the samples gathered for the calendar year.
b. Mass Loading Limitations. For BOD5, TSS, and ammonia, the Discharger shall calculate and report the mass loading (lbs/day) in the SMRs. The mass loading shall be calculated as follows:

Mass Loading (lbs/day) = Flow (MGD) x Concentration (mg/L) x 8.34 When calculating daily mass loading, the daily average flow and constituent concentration shall be used. For weekly average mass loading, the weekly average flow and constituent concentration shall be used. For monthly average mass loading, the monthly average flow and constituent concentration shall be used.
c. Removal Efficiency (CBOD5 and TSS). The Discharger shall calculate and report the percent removal of CBOD5 and TSS in the SMR’s. The percent removal shall be calculated as specified in section VII.A of the Waste Discharge Requirements.
d. Total Coliform Organisms Effluent Limitations. The Discharger shall calculate and report the 7-day median of total coliform organisms for the effluent. The 7-day median of total coliform organisms shall be calculated as specified in section VII.D of the Waste Discharge Requirements.

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e. Dissolved Oxygen Receiving Water Limitations. The Discharger shall report monthly in the SMR’s the dissolved oxygen concentrations in the effluent (Monitoring Location EFF-001A or EFF-001B, depending on whichever discharge location is in use at the time) and the receiving water (Monitoring Locations RSW-001, RSW-002, RSW-002A, and RSW-003). f. Turbidity Receiving Water Limitations. The Discharger shall calculate and report the turbidity increase in the receiving waters applicable to the natural turbidity conditions specified in section V.A.17.a-e of the Waste Discharge Requirements.
g. Temperature Receiving Water Limitations. The Discharger shall calculate and report the temperature increase in the receiving water based on the difference in temperature at Monitoring Locations RSW-002 and RSW-002A for the averaging periods specified in section V.A.15.b of the Waste Discharge Requirements. Due to the tidal nature of the receiving water, the direction of flow in the San Joaquin River shall be recorded at the time of sampling to ascertain which location (i.e., Monitoring Location RSW-002 or Monitoring Location RSW-002A) is “upstream” or “downstream” of the Facility’s discharge.
h. Temperature Effluent Limitation. For every day receiving water temperature samples are collected at Monitoring Locations RSW-002 and RSW-002A, the Discharger shall calculate and report the difference between the effluent temperature and the “upstream” receiving water temperature based on the difference in the effluent temperature at Monitoring Location EFF-001A or EFF-001B, depending on whichever discharge location is in use at the time, and receiving water temperature of grab samples collected at Monitoring Location RSW-002 or Monitoring Location RSW-002A, depending on the direction of San Joaquin River flow at the time of sampling. Due to the tidal nature of the receiving water, the direction of flow in the San Joaquin River shall be recorded at the time of sampling to ascertain which location (i.e., Monitoring Location RSW-002 or Monitoring Location RSW-002A) is “upstream” or “downstream” of the Facility’s discharge.
i. Chlorpyrifos and Diazinon Effluent Limitations. The Discharger shall calculate and report the value of SAMEL and SAWEL for the effluent, using the equations in section IV.A.1.h of the Order, and consistent with the Compliance Determination Language in section VII.I of the Waste Discharge Requirements.

C. Discharge Monitoring Reports (DMR’s)

1. DMRs are U.S. EPA reporting requirements. The Discharger shall electronically certify and submit DMR’s together with SMR’s using Electronic Self-Monitoring Reports module eSMR 2.5 or any upgraded version. Electronic DMR submittal will be in addition to electronic SMR submittal.

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Information about electronic DMR submittal
(http://www.waterboards.ca.gov/water_issues/programs/discharge_monitoring/) is available on the Internet.

D. Other Reports

1. Analytical Methods Report. The Discharger shall complete and submit an Analytical Methods Report, electronically via CIWQS submittal, by the due date shown in the Technical Reports Table. The Analytical Methods Report shall include the following for each constituent to be monitored in accordance with this Order: 1) applicable water quality objective, 2) reporting level (RL), 3) method detection limit (MDL), and 4) analytical method. The analytical methods shall be sufficiently sensitive with RLs consistent with the SSM Rule per 40 C.F.R. 122.21(e)(3) and 122.44(i)(1)(iv), and with the Minimum Levels (MLs) in the SIP, Appendix 4. The “Reporting Level or RL” is synonymous with the “Method Minimum Level” described in the SSM Rule. If an RL is not less than or equal to the applicable water quality objective for a constituent, the Discharger shall explain how the proposed analytical method complies with the SSM Rule. Central Valley Water Board staff will provide a tool with the permit’s Notice of Adoption to assist the Discharger in completing this requirement. The tool will include the constituents and associated applicable water quality objectives to be included in the Analytical Methods Report.

2. Annual Operations Report. The Discharger shall submit a written report to the Central Valley Water Board, electronically via CIWQS submittal, containing the following by the due date in the Technical Reports Table:
a. The names, certificate grades, and general responsibilities of all persons employed at the Facility.
b. The names and telephone numbers of persons to contact regarding the plant for emergency and routine situations.
c. A statement certifying when the flow meter(s) and other monitoring instruments and devices were last calibrated, including identification of who performed the calibration.
d. A statement certifying whether the current operation and maintenance manual, and contingency plan, reflect the wastewater treatment plant as currently constructed and operated, and the dates when these documents were last revised and last reviewed for adequacy.
e. The Discharger may also be requested to submit an annual report to the Central Valley Water Board with both tabular and graphical summaries of the monitoring data obtained during the previous year. Any such request shall be made in writing. The report shall discuss the compliance record.

If violations have occurred, the report shall also discuss the corrective

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actions taken and planned to bring the discharge into full compliance with the WDR’s.

3. Annual Pretreatment Reporting Requirements. The Discharger shall submit annually a report to the Central Valley Water Board, with copies to U.S. EPA Region 9 and the State Water Board, describing the Discharger's pretreatment activities over the previous 12 months (1 January through 31 December). In the event the Discharger is not in compliance with any conditions or requirements of this Order, including non-compliance with pretreatment audit/compliance inspection requirements, then the Discharger shall also include the reasons for non-compliance and state how and when the Discharger shall comply with such conditions and requirements.

An annual report shall be submitted by the due date shown in the Technical Reports Table and include at least the following items:
a. A summary of analytical results from representative, flow proportioned, 24- hour composite sampling of the POTW's influent and effluent for those pollutants U.S. EPA has identified under section 307(a) of the CWA which are known or suspected to be discharged by nondomestic users. This will consist of an annual full priority pollutant scan. The Discharger is not required to sample and analyze for asbestos. The Discharger shall submit the results of the annual priority pollutant scan electronically to the Central Valley Water Board using the State Water Board’s CIWQS Program Website.

Sludge shall be sampled during the same 24-hour period and analyzed for the same pollutants as the influent and effluent sampling and analysis.

The sludge analyzed shall be a composite sample of a minimum of 12 discrete samples taken at equal time intervals over the 24-hour period.

Wastewater and sludge sampling and analysis shall be performed at least annually. The Discharger shall also provide any influent, effluent or sludge monitoring data for nonpriority pollutants which may be causing or contributing to Interference, Pass-Through or adversely impacting sludge quality. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 and amendments thereto. b. A discussion of Upset, Interference, or Pass-Through incidents, if any, at the treatment plant, which the Discharger knows, or suspects were caused by nondomestic users of the POTW. The discussion shall include the reasons why the incidents occurred, the corrective actions taken and, if known, the name and address of, the nondomestic user(s) responsible.

The discussion shall also include a review of the applicable pollutant limitations to determine whether any additional limitations, or changes to existing requirements, may be necessary to prevent Pass-Through, Interference, or noncompliance with sludge disposal requirements.

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c. The cumulative number of nondomestic users that the Discharger has notified regarding Baseline Monitoring Reports and the cumulative number of nondomestic user responses.
d. An updated list of the Discharger's significant industrial users (SIUs) including their names and addresses, or a list of deletions, additions and SIU name changes keyed to a previously submitted list. The Discharger shall provide a brief explanation for each change. The list shall identify the SIUs subject to federal categorical standards by specifying which set(s) of standards are applicable to each SIU. The list shall indicate which SIUs, or specific pollutants from each industry, are subject to local limitations. Local limitations that are more stringent than the federal categorical standards shall also be identified.
e. The Discharger shall characterize the compliance status through the year of record of each SIU by employing the following descriptions:
i. complied with baseline monitoring report requirements (where applicable);
ii. consistently achieved compliance;
iii. inconsistently achieved compliance;
iv. significantly violated applicable pretreatment requirements as defined by 40 C.F.R. section 403.8(f)(2)(vii);
v. complied with schedule to achieve compliance (include the date final compliance is required);
vi. did not achieve compliance and not on a compliance schedule; and vii. compliance status unknown.
f. A summary of the inspection and sampling activities conducted by the Discharger during the past year to gather information and data regarding the SIUs. The summary shall include:
i. The names and addresses of the SIUs subjected to surveillance and an explanation of whether they were inspected, sampled, or both and the frequency of these activities at each user; and
ii. The conclusions or results from the inspection or sampling of each industrial user.
g. The Discharger shall characterize the compliance status of each SIU by providing a list or table which includes the following information:

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i. Name of SIU;
ii. Category, if subject to federal categorical standards; iii. The type of wastewater treatment or control processes in place; iv. The number of samples taken by the POTW during the year; v. The number of samples taken by the SIU during the year; vi. For a SIU subject to discharge requirements for total toxic organics, whether all required certifications were provided;
vii. A list of the standards violated during the year. Identify whether the violations were for categorical standards or local limits. viii.Whether the facility is in significant noncompliance (SNC) as defined at 40 C.F.R. section 403.8(f)(2)(viii) at any time during the year; and ix. A summary of enforcement or other actions taken during the year to return the SIU to compliance. Describe the type of action (e.g., warning letters or notices of violation, administrative orders, civil actions, and criminal actions), final compliance date, and the amount of fines and penalties collected, if any. Describe any proposed actions for bringing the SIU into compliance;
x. Restriction of flow to the POTW.
xi. Disconnection from discharge to the POTW.
h. A brief description of any programs the POTW implements to reduce pollutants from nondomestic users that are not classified as SIUs; i. A brief description of any significant changes in operating the pretreatment program which differ from the previous year including, but not limited to, changes concerning: the program's administrative structure, local limits, monitoring program or monitoring frequencies, legal-authority, enforcement policy, funding levels, or staffing levels; j. A summary of the annual pretreatment budget, including the cost of pretreatment program functions and equipment purchases; and k. A summary of activities to involve and inform the public of the program including a copy of the newspaper notice, if any, required under 40 C.F.R. section 403.8(f)(2)(viii).

Pretreatment Program reports shall be submitted electronically to the Central Valley Water Board via CIWQS submittal and the:

ATTACHMENT A
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CITY OF STOCKTON ORDER R5-2020-0007-01
REGIONAL WASTEWATER CONTROL FACILITY NPDES CA0079138
ATTACHMENT E – MONITORING AND REPORTING PROGRAM E-36
State Water Resources Control Board
NPDES [email protected]
and the
U.S. EPA Region 9 Pretreatment Coordinator
[email protected]

4. Report of Waste Discharge (ROWD). For the 5-year permit renewal, the Discharger shall submit a written report to the Central Valley Water Board, electronically via CIWQS submittal, containing, at minimum, the following by the due date in the Technical Reports Table:
a. Report of Waste Discharge (Form 200);
b. NPDES Form 1;
c. NPDES Form 2A;
d. NPDES Form 2S;
e. Mixing Zone Requests. A mixing zone analysis for consitutents the Discharger is requesting the continuation of dilution credits and mixing zones in the calculation of water quality-based effluent limits (e.g., chlorodibromomethane and dichlorobromomethane); and
f. Bay-Delta Plan Southern Delta Salinity Objectives. As discussed in Section IV.C.3 of the Fact Sheet it has been determined it is infeasible for the Facility to comply with traditional numeric water quality-based effluent limits for electrical conductivity per the Bay-Delta Plan Southern Delta Salinty Objectives. To continue implementation of the alternative effluent limitations for electrical conductivity, the following shall be submitted with the ROWD:
i. An evaluation of whether technological or economic changes have made previously deemed infeasible upgrades to control salinity in the POTW’s effluent feasible;
ii. A survey of industrial sources of salinity regulated by the industrial pretreatment program, along with all annual reports submitted pursuant to that program documenting the implementation of salinity management strategies at the industrial facility within the collection system area;
iii. Documentation of source control measures taken. If alternative lowersalinity source water supplies were available but not utilized, a justification for not using such supplies shall be provided; and iv. An evaluation of the efficacy of actions taken to limit or ban the use of residential self-generating water softeners or to impose efficiency

ATTACHMENT A
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CITY OF STOCKTON ORDER R5-2020-0007-01
REGIONAL WASTEWATER CONTROL FACILITY NPDES CA0079138
ATTACHMENT E – MONITORING AND REPORTING PROGRAM E-37
standards on water softeners within the POTW’s collection system area. This evaluation shall include the estimated number of such water softeners in the POTW’s collection system area. If a ban against the use of self-generating water softeners is not instituted, a justification why a ban is not feasible.

5. Technical Report Submittals. This Order includes requirements to submit a Report of Waste Discharge (ROWD), special study technical reports, progress reports, and other reports identified in the MRP (hereafter referred to collectively as “technical reports”). The Technical Reports Table and subsequent table notes below summarize all technical reports required by this Order and the due dates for submittal. All technical reports shall be submitted electronically via CIWQS submittal. Technical reports should be uploaded as a PDF, Microsoft Word, or Microsoft Excel file attachment. The Discharger shall submit the technical reports as specified in the following table and meet the requirements a – c below:
a. The pollution prevention plan for mercury shall be implemented in accordance with section VI.C.3.a.
b. Beginning 1 February 2021 and annually thereafter until the Facility achieves compliance with the final effluent limitations for methylmercury, the Discharger shall submit annual progress reports on pollution minimization activities implemented and evaluation of their effectiveness, including a summary of total mercury and methylmercury monitoring results. c. To be determined. Following Phase 1, the Central Valley Water Board will conduct a Phase 1 Delta Mercury Control Program Review that considers:
modification of methylmercury goals, objectives, allocations, final compliance date, etc. Consequently, the start of Phase 2 and the final compliance date is uncertain at the time this Order was adopted.

6. Recycled Water Policy Annual Reports. In accordance with Section 3 of the Water Quality Control Policy for Recycled Water (Recycled Water Policy), the Discharger shall electronically submit an annual report of monthly data to the State Water Board by 30 April annually covering the previous calendar year using the State Water Board’s GeoTracker website
(https://geotracker.waterboards.ca.gov/). Information for setting up and using the GeoTracker system can be found in the ESI Guide for Responsible Parties document on the State Water Board’s website for Electronic Submittal of Information
(https://www.waterboards.ca.gov/ust/electronic_submittal/index.html).

The annual report to GeoTracker must include volumetric reporting of the items listed in Section 3.2 of the Recycled Water Policy
(https://www.waterboards.ca.gov/board_decisions/adopted_orders/resolutions/ 2018/121118_7_final_amendment_oal.pdf). A pdf of the upload confirmation from GeoTracker for the Recycled Water Policy Annual Report shall be

ATTACHMENT A
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CITY OF STOCKTON ORDER R5-2020-0007-01
REGIONAL WASTEWATER CONTROL FACILITY NPDES CA0079138
ATTACHMENT E – MONITORING AND REPORTING PROGRAM E-38
uploaded into CIWQS to demonstrate compliance with this reporting requirement.

Table E-13. Technical Reports
Report # Technical Report Due Date
CIWQS
Report
Name
Intentionally
left blank
Standard Reporting Requirements Intentionally left
blank
Intentionally
left blank
1 Report of Waste Discharge 31 March 2024 MRP X.D.4
2 Analytical Methods Report 20 April 2020 MRP X.D.1
3 Analytical Methods Report
Certification Form
1 January 2021 MRP X.E.3
4 Annual Operations Report 1 February 2021 MRP X.D.2
5 Annual Operations Report 1 February 2022 MRP X.D.2
6 Annual Operations Report 1 February 2023 MRP X.D.2
7 Annual Operations Report 1 February 2024 MRP X.D.2
8 Annual Operations Report 1 February 2025 MRP X.D.2
Intentionally
left blank
Compliance Schedule for Final
Effluent Limitations for Chronic WET
(WDR Section VI.C.7.a)
Intentionally left
blank
Intentionally
left blank
9 Method of Compliance Workplan.

Submit workplan that ensures
compliance with final effluent
limitations for chronic toxicity by the
final compliance date.
1 October 2020 WDR
VI.C.7.a
10 Final Compliance. Submit report
demonstrating compliance with the
final effluent limits for chronic toxicity.
31 March 2025 WDR
VI.C.7.a
11 Annual Progress Reports. The
progress reports shall detail what
steps have been implemented towards
achieving compliance with waste
discharge requirements, including
studies, construction progress,
evaluation of measures implemented,
and recommendations for additional
measures as necessary to achieve full
compliance by the final compliance
date.
1 February 2021 WDR
VI.C.7.a
12 Annual Progress Reports. The
progress reports shall detail what
steps have been implemented towards
achieving compliance with waste
discharge requirements, including
1 February 2022 WDR
VI.C.7.a

ATTACHMENT A
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CITY OF STOCKTON ORDER R5-2020-0007-01
REGIONAL WASTEWATER CONTROL FACILITY NPDES CA0079138
ATTACHMENT E – MONITORING AND REPORTING PROGRAM E-39
Report # Technical Report Due Date
CIWQS
Report
Name
studies, construction progress,
evaluation of measures implemented,
and recommendations for additional
measures as necessary to achieve full
compliance by the final compliance
date.
13 Annual Progress Reports. The
progress reports shall detail what
steps have been implemented towards
achieving compliance with waste
discharge requirements, including
studies, construction progress,
evaluation of measures implemented,
and recommendations for additional
measures as necessary to achieve full
compliance by the final compliance
date.
1 February 2023 WDR
VI.C.7.a
14 Annual Progress Reports. The
progress reports shall detail what
steps have been implemented towards
achieving compliance with waste
discharge requirements, including
studies, construction progress,
evaluation of measures implemented,
and recommendations for additional
measures as necessary to achieve full
compliance by the final compliance
date.
1 February 2024 WDR
VI.C.7.a
Intentionally
left blank
Compliance Schedule for Final
Effluent Limitations for Methylmercury
(WDR Section VI.C.7.b)
Intentionally left
blank
Intentionally
left blank
Intentionally
left blank
Phase I Intentionally left
blank
Intentionally
left blank
15 Phase 1 Methylmercury Control Study
Work Plan
Complete WDR
VI.C.7.b
16 Pollution Prevention Plan for Mercury
(see requirement 5.a. above)
Complete WDR
VI.C.7.b
17 Implement Phase 1 Methylmercury
Control Study Work Plan
Complete WDR
VI.C.7.b
18 Mercury Pollution Prevention Plan
Annual Progress Reports (see
requirement 5.b. above)
1 February 2021 WDR
VI.C.7.b

ATTACHMENT A
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CITY OF STOCKTON ORDER R5-2020-0007-01
REGIONAL WASTEWATER CONTROL FACILITY NPDES CA0079138
ATTACHMENT E – MONITORING AND REPORTING PROGRAM E-40
Report # Technical Report Due Date
CIWQS
Report
Name
19 Mercury Pollution Prevention Plan
Annual Progress Reports (see
requirement 5.b. above)
1 February 2022 WDR
VI.C.7.b
20 Mercury Pollution Prevention Plan
Annual Progress Reports (see
requirement 5.b. above)
1 February 2023 WDR
VI.C.7.b
21 Mercury Pollution Prevention Plan
Annual Progress Reports (see
requirement 5.b. above)
1 February 2024 WDR
VI.C.7.b
22 Mercury Pollution Prevention Plan
Annual Progress Reports (see
requirement 5.b. above)
1 February 2025 WDR
VI.C.7.b
23 Final Phase 1 Methylmercury Control
Study
Complete WDR
VI.C.7.b
Intentionally
left blank
Phase 2 Intentionally left
blank
Intentionally
left blank
24 Implement Methylmercury Control
Programs
TBD (see
requirement 5.c.
above)
WDR
VI.C.7.b
25 Full Compliance 31 December
2030 (see
requirement 5.c.
above)
WDR
VI.C.7.b
Intentionally
left blank
Compliance Schedule for Nitrate Plus
Nitrite (WDR Section VI.C.7.c)
Intentionally left
blank
Intentionally
left blank
26 Method of Compliance Work Plan.

Submit work plan that ensures
compliance with final effluent
limitations for nitrate plus nitrite by the
final compliance date.

Complete WDR
VI.C.7.c
27 Submit and Implement Pollution
Prevention Plan for Nitrate Plus
Nitrite. The pollution prevention plan
shall be prepared and implemented in
accordance with section VI.B.3.a of
the Fact Sheet (Attachment F).

Complete WDR
VI.C.7.c
28 Annual Progress Reports. The
progress reports shall detail what
steps have been implemented towards
achieving compliance with waste
discharge requirements, including
studies, construction progress,
evaluation of measures implemented,
1 June 2020
WDR
VI.C.7.c

ATTACHMENT A
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CITY OF STOCKTON ORDER R5-2020-0007-01
REGIONAL WASTEWATER CONTROL FACILITY NPDES CA0079138
ATTACHMENT E – MONITORING AND REPORTING PROGRAM E-41
Report # Technical Report Due Date
CIWQS
Report
Name
and recommendations for additional
measures as necessary to achieve full
compliance by the final compliance
date.
29 Annual Progress Reports. The
progress reports shall detail what
steps have been implemented towards
achieving compliance with waste
discharge requirements, including
studies, construction progress,
evaluation of measures implemented,
and recommendations for additional
measures as necessary to achieve full
compliance by the final compliance
date.
1 June 2021
WDR
VI.C.7.c
30 Annual Progress Reports. The
progress reports shall detail what
steps have been implemented towards
achieving compliance with waste
discharge requirements, including
studies, construction progress,
evaluation of measures implemented,
and recommendations for additional
measures as necessary to achieve full
compliance by the final compliance
date.
1 June 2022
WDR
VI.C.7.c
31 Annual Progress Reports. The
progress reports shall detail what
steps have been implemented towards
achieving compliance with waste
discharge requirements, including
studies, construction progress,
evaluation of measures implemented,
and recommendations for additional
measures as necessary to achieve full
compliance by the final compliance
date.
1 June 2023
WDR
VI.C.7.c
32 Annual Progress Reports. The
progress reports shall detail what
steps have been implemented towards
achieving compliance with waste
discharge requirements, including
studies, construction progress,
evaluation of measures implemented,
1 June 2024
WDR
VI.C.7.c

ATTACHMENT A
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CITY OF STOCKTON ORDER R5-2020-0007-01
REGIONAL WASTEWATER CONTROL FACILITY NPDES CA0079138
ATTACHMENT E – MONITORING AND REPORTING PROGRAM E-42
Report # Technical Report Due Date
CIWQS
Report
Name
and recommendations for additional
measures as necessary to achieve full
compliance by the final compliance
date.
33 Complete Treatment Technology
Evaluation and Pilot Testing. Submit
with the annual progress report
confirmation of compliance with this
task.

Complete WDR
VI.C.7.c
34 Select Preferred Treatment Option
and Complete Preliminary Design.

Submit with the annual progress report
confirmation of compliance with this
task.

Complete WDR
VI.C.7.c
35 Complete Financing Plan. Submit
with the annual progress report a
financing plan for the selected
compliance project(s) and a schedule
for obtaining funding.

Complete WDR
VI.C.7.c
36 Complete CEQA Documentation for
Implementation of the Preferred
Treatment Option. File CEQA Submit
environmental documents to the State
Clearinghouse.

Complete WDR
VI.C.7.c
37 Award Construction Bid. Submit a
letter confirming and describing
detailed information on awarded
construction bid process (e.g., date
awarded, company, etc.).

Complete WDR
VI.C.7.c
38 Obtain Funding. Submit with the
annual progress report confirmation of
compliance with this task.
1 June 2021 WDR
VI.C.7.c
39 Complete Construction of Preferred
Treatment Option. Submit construction
approval documentation.
31 December
2023
WDR
VI.C.7.c
40 Final Compliance. Submit report
demonstrating compliance with the
final effluent limits for nitrate plus
nitrite.
1 June 2024 WDR
VI.C.7.c
Intentionally
left blank
Other Reports Intentionally left
blank
Intentionally
left blank
41 Best Management Practices Plan for
Salinity 1 October 2020 WDR
VI.C.3.b

ATTACHMENT A
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CITY OF STOCKTON ORDER R5-2020-0007-01
REGIONAL WASTEWATER CONTROL FACILITY NPDES CA0079138
ATTACHMENT E – MONITORING AND REPORTING PROGRAM E-43
Report # Technical Report Due Date
CIWQS
Report
Name
42 Annual Report on implementation of
Salinity Best Management Practices
Plan
1 February 2021 WDR
VI.C.3.b
43 Annual Report on implementation of
Salinity Best Management Practices
Plan
1 February 2022 WDR
VI.C.3.b
44 Annual Report on implementation of
Salinity Best Management Practices
Plan
1 February 2023 WDR
VI.C.3.b
45 Annual Report on implementation of
Salinity Best Management Practices
Plan
1 February 2024 WDR
VI.C.3.b
46 Annual Report on implementation of
Salinity Best Management Practices
Plan
1 February 2025 WDR
VI.C.3.b
47 Annual Pretreatment Reports 1 March 2021 MRP X.D.3
48 Annual Pretreatment Reports 1 March 2022 MRP X.D.3
49 Annual Pretreatment Reports 1 March 2023 MRP X.D.3
50 Annual Pretreatment Reports 1 March 2024 MRP X.D.3
51 Annual Pretreatment Reports 1 March 2025 MRP X.D.3
52 Recycled Water Policy Annual Report
Submittal Confirmation
30 April 2020 MRP X.D.6
53 Recycled Water Policy Annual Report
Submittal Confirmation
30 April 2021 MRP X.D.6
54 Recycled Water Policy Annual Report
Submittal Confirmation
30 April 2022 MRP X.D.6
55 Recycled Water Policy Annual Report
Submittal Confirmation
30 April 2023 MRP X.D.6
56 Recycled Water Policy Annual Report
Submittal Confirmation
30 April 2024 MRP X.D.6

ATTACHMENT A
429
Parameter Units
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
24-hour 48-hour 5-day
Mercury, Total Recoverable μg/L 4 $ $ % % %
Methylmercury ng/L 4 $ $ % % %
Ammonia-Nitrogen (RL <= 0.5 mg/L) mg/L 200 $ $ % % %
Biochemical Oxygen Demand, 5-day mg/L 200 $ $ % % %
Conductivity uS/cm 20 $ $ % % %
Hardness (as CaCO3) mg/L 50 $ $ % % %Total Kjeldahl Nitrogen mg/L 2 $ $ % % % Nitrate (as N) mg/L 150 $ $ % % %
Nitrite (as N) mg/L 150 $ $ % % %Nitrate+Nitrite as N mg/l 15 $ $ % % % Total Dissolved Solids mg/L 20 $ $ % % %
Total Suspended Solids mg/L 50 $ $ % % %
Turbidity NTU 25 $ $ % % %
TTHM (report individual species) ug/L 12 $ $ % % %
Dissolved Organic Carbon mg/L 70 $ $ % % %Chlorpyrifos/Diazinon ug/L 1 $ $ % % %Standard Minerals (include all major anions / cations) 1 $ $ % % % GRAND TOTAL $

ROUTINE MONITORING FOR WASTEWATER NPDES COMPLIANCE
Turn Around Multipliers
Routine Wastewater Page 1

ATTACHMENT
A
430
Parameter Units
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost TOTAL COST
24-hour 48-hour 5-day
TTLC Extraction 2 $ $ % % %
STLC Extraction 2 $ $ % % %
TCLP Extraction 2 $ $ % % %
CAM 17 Metals mg/L 2 $ $ % % %
8260 VOCs mg/kg 2 $ $ % % %
8270 SOCs mg/kg 2 $ $ % % %
Single metal mg/L 2 $ $ % % %
TPH as Gas, Diesel and Motor Oil mg/L 2 $ $ % % %
%Total Solids % 2$ $ % % %
GRAND TOTAL $

HAZARDOUS WASTE CHARACTERIZATION
Turn Around Multipliers
Haz Waste Char Page 2

ATTACHMENT
A
431
Wastewater (units = ug/L) Biosolids (units = mg/kg dry weight) Maximum
Reporting
Level
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
24-hour 48-hour 5-day
Metals / Other
Antimony, Total 5 2$ $ 1$ $ %%%
Arsenic, Total 10 2$ $ 1$ $ % % %Beryllium, Total 2 2$ $ 1$ $ % % %Cadmium, Total 0.5 2$ $ 1$ $ % % % Chromium, Total 50 2$ $ 1$ $ % % %Copper, Total 5 2$ $ 1$ $ % % %Lead, Total 2 2$ $ 1$ $ % % %Mercury, Total 0.5 2$ $ 1$ $ % % % Nickel, Total 50 2$ $ 1$ $ % % %Selenium, Total 5 2$ $ 1$ $ % % %Silver, Total 2 2$ $ 1$ $ % % %Thallium, Total 1 2$ $ 1$ $ % % %Zinc, Total 20 2$ $ 1$ $ % % %Cyanide, Total 5 2$ $ 1$ $ % % %Phenols, Total -- 2 $ $ 1 $ $ % % % Dioxin, (2,3,7,8 TCDD) -- 2 $ $ 1 $ $ % % %
Volatiles
acrolein 2 2$ $ 1$ $ % % %
acrylonitrile 2 2$ $ 1$ $ % % %benzene 0.5 2$ $ 1$ $ % % % bromoform 0.5 2$ $ 1$ $ % % %
carbon tetrachloride 0.5 2$ $ 1$ $ % % %
chlorobenzene 0.5 2$ $ 1$ $ % % %
chlorodibromomethane 0.5 2$ $ 1$ $ % % %
chloroethane 0.5 2$ $ 1$ $ % % %
2- chloroethyl vinyl ether 1 2$ $ 1$ $ % % %
chloroform 2 2$ $ 1$ $ % % %
dichlorobromomethane 0.5 2$ $ 1$ $ % % %
1,1-dichloroethane 0.5 2$ $ 1$ $ % % %
1,2-dichloroethane 0.5 2$ $ 1$ $ % % %
1,1-dichloroethylene 0.5 2$ $ 1$ $ % % %
1,2-dichloropropane 0.5 2$ $ 1$ $ % % %
1,3-dichloropropylene 0.5 2$ $ 1$ $ % % %
ethylbenzene 2 2 $ $ 1 $ $ % % %
methyl bromide (Bromomethane) 1 2$ $ 1$ $ % % %
methyl chloride (Chloromethane) 2 2$ $ 1$ $ % % %
methylene chloride (Dichloromethane) 2 2$ $ 1$ $ % % %
1,1,2,2-tetrachloroethane 0.5 2$ $ 1$ $ % % %
tetrachloroethylene 0.5 2$ $ 1$ $ % % %
toluene 2 2$ $ 1$ $ % % %
1,2-trans-dichloroethylene 1 2$ $ 1$ $ % % %
1,1,1-trichloroethane 0.5 2$ $ 1$ $ % % %
1,1,2-trichloroethane 0.5 2$ $ 1$ $ % % %
trichloroethylene 2 2$ $ 1$ $ % % %
vinyl chloride 0.5 2$ $ 1$ $ % % %

ANNUAL PRIORITY POLLUTANT TESTING
Parameter
Turn Around Multipliers
Priority Poll (only) Page 3

ATTACHMENT
A
432
Wastewater (units = ug/L) Biosolids (units = mg/kg dry weight) Maximum
Reporting
Level
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
24-hour 48-hour 5-day

ANNUAL PRIORITY POLLUTANT TESTING
Parameter
Turn Around Multipliers
Acid/Base/Neutral Compounds
2-chlorophenol 5 2$ $ 1$ $ % % %2,4-dichlorophenol 5 2$ $ 1$ $ % % %2,4-dimethylphenol 2 2$ $ 1$ $ % % %4,6-Dinitro-2-methylphenol 10 2$ $ 1$ $ % % %2,4-dinitrophenol 5 2$ $ 1$ $ % % %2-nitrophenol 10 2$ $ 1$ $ % % %4-nitrophenol 10 2$ $ 1$ $ % % %4-Chloro-3-methylphenol 5 2$ $ 1$ $ % % %pentachlorophenol 1 2$ $ 1$ $ % % %phenol 1 2$ $ 1$ $ % % %2,4,6-trichlorophenol 10 2$ $ 1$ $ % % %acenaphthene 1 2$ $ 1$ $ % % %acenaphthylene 10 2$ $ 1$ $ % % %anthracene 10 2$ $ 1$ $ % % %benzidine 5 2$ $ 1$ $ % % %benzo(a)anthracene 1,2-Benzanthracene 5 2$ $ 1$ $ % % %Benzo(a)pyrene (3,4-Benzopyrene) 2 2$ $ 1$ $ % % % 3,4-benzofluoranthene 10 2$ $ 1$ $ % % %benzo(g,h,i)perylene 5 2$ $ 1$ $ % % %benzo(k)fluoranthene 2 2 $ $ 1 $ $ % % %bis(2-chloroethoxy)methane 5 2$ $ 1$ $ % % % bis(2-chloroethyl)ether 1 2$ $ 1$ $ % % %
bis(2-chloroisopropyl)ether 10 2$ $ 1$ $ % % %
bis(2-ethylhexyl)phthalate 5 2$ $ 1$ $ % % %
4-bromophenyl phenyl ether 10 2$ $ 1$ $ % % %
butylbenzyl phthalate 10 2$ $ 1$ $ % % %
2-chloronaphthalene 10 2$ $ 1$ $ % % %
4-chlorophenyl phenyl ether 5 2$ $ 1$ $ % % %
chrysene 5 2$ $ 1$ $ % % %
dibenzo(a,h)anthracene 0.1 2$ $ 1$ $ % % %
1,2-dichlorobenzene 0.5 2$ $ 1$ $ % % %
1,3-dichlorobenzene 0.5 2$ $ 1$ $ % % %
1,4-dichlorobenzene 0.5 2$ $ 1$ $ % % %
3,3'-dichlorobenzidine 5 2$ $ 1$ $ % % %
diethyl phthalate 10 2$ $ 1 $ $ % % %
dimethyl phthalate 10 2$ $ 1$ $ % % %di-n-butyl phthalate 10 2$ $ 1$ $ % % %2,4-dinitrotoluene 5 2$ $ 1$ $ % % %2,6-dinitrotoluene 5 2$ $ 1$ $ % % %di-n-octyl phthalate 10 2$ $ 1$ $ % % %1,2-diphenylhydrazine (as azobenzene) 1 2$ $ 1$ $ % % %fluroranthene 10 2$ $ 1$ $ % % %fluorene 10 2$ $ 1$ $ % % %hexachlorobenzene 1 2$ $ 1$ $ % % %hexachlorobutadiene 1 2$ $ 1$ $ % % %hexachlorocyclopentadiene 5 2$ $ 1$ $ % % %hexachloroethane 1 2$ $ 1$ $ % % % Priority Poll (only) Page 4

ATTACHMENT
A
433
Wastewater (units = ug/L) Biosolids (units = mg/kg dry weight) Maximum
Reporting
Level
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
24-hour 48-hour 5-day

ANNUAL PRIORITY POLLUTANT TESTING
Parameter
Turn Around Multipliers
indeno(1,2,3-c,d)pyrene 0.05 2$ $ 1$ $ % % %
isophorone 1 2$ $ 1$ $ % % %naphthalene 10 2$ $ 1$ $ % % %nitrobenzene 10 2$ $ 1$ $ % % %N-nitrosodimethylamine 5 2$ $ 1$ $ % % %N-nitrosodi-n-propylamine 5 2$ $ 1$ $ % % %N-nitrosodiphenylamine 1 2$ $ 1$ $ % % %phenanthrene 5 2$ $ 1$ $ % % %pyrene 10 2$ $ 1$ $ % % %1,2,4-trichlorobenzene 1 2$ $ 1$ $ % % % OC Pesticides
aldrin 0.005 2$ $ 1$ $ % % %
alpha-BHC 0.01 2$ $ 1$ $ % % %beta-BHC 0.005 2$ $ 1$ $ % % %Lindane (gamma-Hexachlorocyclohexane) 0.5 2$ $ 1$ $ % % % delta-BHC 0.005 2$ $ 1$ $ % % %chlordane 0.1 2$ $ 1$ $ % % % 4,4'-DDT 0.01 2$ $ 1$ $ % % %4,4'-DDE 0.05 2$ $ 1$ $ % % %4,4'-DDD 0.05 2$ $ 1$ $ % % %dieldrin 0.01 2$ $ 1$ $ % % %alpha-endosulfan 0.02 2$ $ 1$ $ % % %beta-endosulfan 0.01 2$ $ 1$ $ % % %endosulfan sulfate 0.01 2$ $ 1$ $ % % %endrin 0.01 2$ $ 1$ $ % % %endrin aldehyde 0.01 2$ $ 1$ $ % % %heptachlor 0.01 2$ $ 1$ $ % % %heptachlor epoxide 0.02 2$ $ 1$ $ % % %PCB-1242 0.5 2$ $ 1$ $ % % % PCB-1254 0.5 2$ $ 1$ $ % % %
PCB-1221 0.5 2$ $ 1$ $ % % %
PCB-1232 0.5 2$ $ 1$ $ % % %
PCB-1248 0.5 2$ $ 1$ $ % % %
PCB-1260 0.5 2$ $ 1$ $ % % %
PCB-1016 0.5 2$ $ 1$ $ % % %
toxaphene -- 2 $ $ 1 $ $ % % %
Total Solids -- N/A $ $ 1 $ $ % % %
Compositing, per sample portion -- N/A $ $ 24 $ $ % % % GRAND TOTAL $ GRAND TOTAL $
* Note: During the Effluent Characterization Study, the wastewater quantity would increase to 8 Priority Poll (only) Page 5

ATTACHMENT
A
434
Parameter Units
Maximum
Reporting
Level
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
24-hour 48-hour 5-day
Volatile Organics
2-Chloroethyl vinyl ether ug/L 6$ $ %%%
Acrolein ug/L 6$ $ %%%Acrylonitrile ug/L 6$ $ %%%Benzene ug/L 6$ $ %%%Bromoform ug/L 6$ $ %%%Carbon Tetrachloride ug/L 6$ $ %%%Chlorobenzene ug/L 6$ $ %%%Chloroethane ug/L 6$ $ %%%Chloroform ug/L 6$ $ %%%Methyl Chloride ug/L 6$ $ %%%Dibromochloromethane ug/L 6$ $ %%%Dichlorbromomethane ug/L 6$ $ %%%Methylene Chloride ug/L 6$ $ %%%Ethylbenzene ug/L 6$ $ %%%Hexachlorobutadiene ug/L 6$ $ %%%Methyl Bromide (Bromomethane) ug/L 6$ $ %%%Naphthalene ug/L 6$ $ %%%Tetrachloroethylene (PCE) ug/L 6$ $ %%%Toluene ug/L 6$ $ %%%trans-1,2-Dichloroethylene ug/L 6$ $ %%%Trichloroehtylene (TCE) ug/L 6$ $ %%%Vinyl Chloride ug/L 6$ $ %%%Methyl-tert-butyl ether (MTBE) ug/L 6$ $ %%% 1,1,1-Trichloroethane ug/L 6$ $ %%%1,1,2-Trichloroethane ug/L 6$ $ %%%1,1-Dichloroethane ug/L 6$ $ %%%1,1-Dichloroethylene (DCE) ug/L 6$ $ %%%1,2-Dichloropropane ug/L 6$ $ %%%1,3-Dichloropropylene ug/L 6$ $ %%%1,1,2,2-Tetrachloroethane ug/L 6$ $ %%%1,2,4-Trichlorobenzene ug/L 6$ $ %%%1,2-Dichloroethane ug/L 6$ $ %%%1,2-Dichlorobenzene ug/L 6$ $ %%%1,3-Dichlorobenzene ug/L 6$ $ %%%1,4-Dichlorobenzene ug/L 6$ $ %%% Semi-Volatile Organics
Benzo(a)Anthracene ug/L 6$ $ %%%1,2-Diphenylhydrazine ug/L 6$ $ %%% EFFLUENT CHARACTERIZATION STUDY: ADDITIONAL ANALYTES
Turn Around Multipliers
EFF Char Page 6

ATTACHMENT
A
435
Parameter Units
Maximum
Reporting
Level
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
24-hour 48-hour 5-day
EFFLUENT CHARACTERIZATION STUDY: ADDITIONAL ANALYTES
Turn Around Multipliers
2-Chlorophenol ug/L 6$ $ %%%2,4-Dichlorophenol ug/L 6$ $ %%%2,4-Dimethylphenol ug/L 6$ $ %%%2,4-Dinitrophenol ug/L 6$ $ %%%2,4-Dinitrotoluene ug/L 6$ $ %%%2,4,6-Trichlorophenol ug/L 6$ $ %%%2,6-Dinitrotoluene ug/L 6$ $ %%%2-Nitrophenol ug/L 6$ $ %%%2-Chloronaphthalene ug/L 6$ $ %%%3,3-Dichlorobenzidine ug/L 6$ $ %%%Benzo(b)Fluoranthene ug/L 6$ $ %%%4-Chloro-3-methylphenol ug/L 6$ $ %%%2-Methyl-4,6-Dinitrophenol ug/L 6$ $ %%%4-Nitrophenol ug/L 6$ $ %%%4-Bromophenyl Phenyl Ether ug/L 6$ $ %%%4-Chlorophenyl Phenyl Ether ug/L 6$ $ %%%Acenaphthene ug/L 6$ $ %%%Acenaphthylene ug/L 6$ $ %%%Anthracene ug/L 6$ $ %%%Benzidine ug/L 6$ $ %%%Benzo(a)Pyrene ug/L 6$ $ %%%Benzo(ghi)Perylene ug/L 6$ $ %%%Benzo(k)Fluoranthene ug/L 6$ $ %%%Bis (2-Chloroethoxy) Methane ug/L 6$ $ %%%Bis (2-Chloroethyl) Ether ug/L 6$ $ %%%Bis (2-Chloroisopropyl) Ether ug/L 6$ $ %%%Bis(2-Ethylhexyl) Phthalate ug/L 6$ $ %%% Butylbenzyl Phthalate ug/L 6$ $ %%%Chrysene ug/L 6$ $ %%%Di-n-butyl Phthalate ug/L 6$ $ %%%Di-n-Octyl Phthalate ug/L 6$ $ %%%Dibenzo(a,h)anthracene ug/L 6$ $ %%%Diethyl Phthalate ug/L 6$ $ %%%Dimethyl Phthalate ug/L 6$ $ %%%Fluoranthene ug/L 6$ $ %%%Fluorene ug/L 6$ $ %%%Hexachlorobenzene ug/L 6$ $ %%%Hexachlorocyclopentadiene ug/L 6$ $ %%%Hexachloroethane ug/L 6$ $ %%% EFF Char Page 7

ATTACHMENT
A
436
Parameter Units
Maximum
Reporting
Level
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
24-hour 48-hour 5-day
EFFLUENT CHARACTERIZATION STUDY: ADDITIONAL ANALYTES
Turn Around Multipliers
Indeno(1,2,3-cd) Pyrene ug/L 6$ $ %%%Isophorone ug/L 6$ $ %%%N-Nitrosodiphenylamine ug/L 6$ $ %%%N-Nitrosodimethylamine ug/L 6$ $ %%%N-Nitrosodi-n-Propylamine ug/L 6$ $ %%%Nitrobenzene ug/L 6$ $ %%%Pentachlorophenol (PCP) ug/L 6$ $ %%%Phenanthrene ug/L 6$ $ %%%Phenol ug/L 6$ $ %%%Pyrene ug/L 6$ $ %%% Inorganics
Aluminum ug/L 6$ $ %%%
Antimony, Total ug/L 6$ $ %%%Arsenic, Total ug/L 6$ $ %%%Asbestos ug/L 6$ $ %%%Beryllium, Total ug/L 6$ $ %%%Cadmium, Total ug/L 6$ $ %%%Chromium, Total ug/L 6$ $ %%%Copper, Total ug/L 6$ $ %%%Iron, Total ug/L 6$ $ %%%Lead, Total ug/L 6$ $ %%%Mercury, Total ug/L 6$ $ %%%Mercury, Methyl ug/L 6$ $ %%%Manganese, Total ug/L 6$ $ %%%Nickel, Total ug/L 6$ $ %%%Selenium, Total ug/L 6$ $ %%%Silver, Total ug/L 6$ $ %%%Thallium, Total ug/L 6$ $ %%%Zinc, Total ug/L 6$ $ %%% Non-Metals / Minerals
Boron ug/L 6$ $ %%%
Chloride mg/L 6$ $ %%%Cyanide, Total (as CN) ug/L 6$ $ %%%Sulfate mg/L 6$ $ %%%Sulfide (as S) mg/L 6$ $ %%% Pesticide/PCB/Dioxin
4,4-DDD ug/L 6$ $ %%%
4,4-DDE ug/L 6$ $ %%%4,4-DDT ug/L 6$ $ %%%
EFF Char Page 8

ATTACHMENT
A
437
Parameter Units
Maximum
Reporting
Level
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
24-hour 48-hour 5-day
EFFLUENT CHARACTERIZATION STUDY: ADDITIONAL ANALYTES
Turn Around Multipliers
alpha-Endosulfan ug/L 6$ $ %%%alpha-BHC (Benzene hexachloride) ug/L 6$ $ %%%Aldrin ug/L 6$ $ %%%beta-Endosulfan ug/L 6$ $ %%%beta-BHC (Benzene hexachloride) ug/L 6$ $ %%%Chlordane ug/L 6$ $ %%%delta-BHC (Benzene hexachloride) ug/L 6$ $ %%%Dieldrin ug/L 6$ $ %%%Endosulfan Sulfate ug/L 6$ $ %%%Endrin ug/L 6$ $ %%%Endrin Aldehyde ug/L 6$ $ %%%Heptachlor ug/L 6$ $ %%%Heptachlor Epoxide ug/L 6$ $ %%%gamma-BHC (Benzene hexachloride or Lindane) ug/L 6$ $ %%%Polychlorinated Biphenyl (PCB) 1016 ug/L 6$ $ %%%PCB 1221 ug/L 6$ $ %%%PCB 1232 ug/L 6$ $ %%%PCB 1242 ug/L 6$ $ %%%PCB 1248 ug/L 6$ $ %%%PCB 1254 ug/L 6$ $ %%%PCB 1260 ug/L 6$ $ %%%Toxaphene ug/L 6$ $ %%%2,3,7,8-TCDD (Dioxin) ug/L 6$ $ %%% Non-Conventional
Foaming Agents (MBAS) mg/L 6$ $ %%%
Dissolved Organic Carbon (DOC) mg/L 6$ $ %%%
Nutrients
Phosphorus, Total (as P) mg/L 6$ $ %%%
Other Constituents of Concern
1,2,3-Trichloropropane (TCP) ug/L 6$ $ %%%
Trichlorofluoromethane ug/L 6$ $ %%%1,1,2-Trichloro-1,2,2-Trifluoroethane ug/L 6$ $ %%%Styrene ug/L 6$ $ %%%Xylenes ug/L 6$ $ %%%Barium ug/L 6$ $ %%%Fluoride ug/L 6$ $ %%%Molybdenum ug/L 6$ $ %%%Tributyltin ug/L 6$ $ %%%Alachlor ug/L 6$ $ %%% EFF Char Page 9

ATTACHMENT
A
438
Parameter Units
Maximum
Reporting
Level
Proposed
Analytical
Method
Estimated
Annual
Quantity Unit Cost
TOTAL
COST
24-hour 48-hour 5-day
EFFLUENT CHARACTERIZATION STUDY: ADDITIONAL ANALYTES
Turn Around Multipliers
Atrazine ug/L 6$ $ %%%Bentazon ug/L 6$ $ %%%Carbofuran ug/L 6$ $ %%%2,4-D ug/L 6$ $ %%%Dalapon ug/L 6$ $ %%%1,2-Dibromo-3-chloropropane (DBCP) ug/L 6$ $ %%%Di(2-ethylhexyl)adipate ug/L 6$ $ %%%Dinoseb ug/L 6$ $ %%%Diquat ug/L 6$ $ %%%Endothal ug/L 6$ $ %%%Ethylene Dibromide (EDB) ug/L 6$ $ %%%Methoxychlor ug/L 6$ $ %%%Molinate (Ordram) ug/L 6$ $ %%%Oxamyl ug/L 6$ $ %%%Picloram ug/L 6$ $ %%%Simazine (Princep) ug/L 6$ $ %%%Thiobencarb ug/L 6$ $ %%%2,4,5-TP (Silvex) ug/L 6$ $ %%%Chlorpyrifos ug/L 6$ $ %%%Diazinon ug/L 6$ $ %%% Pyrethroid Pesticides
Total Bifenthrin ng/L 1.3 6 $ $ %%%
Total Cyfluthrin ng/L 1.3 6 $ $ %%%Total Cypermethrin ng/L 1.7 6 $ $ %%%Total Esfenvalerate ng/L 3.3 6 $ $ %%%Total Lambda-cyhalothrin ng/L 1.2 6 $ $ %%%Total Permethrin ng/L 10 6 $ $ %%% GRAND TOTAL $
Methylmercury2 included on WW page,
Nitrate (as N)2 included on WW page, Nitrite (as N)2 included on WW page, Note: this sampling will take place every other month, from April 2026 to March 2027Analytes already listed on Routine Wastewater page EFF Char Page 10

ATTACHMENT
A
439
Parameter Units
Estimated
Annual
Quantity
Proposed
Analytical
Method Unit Cost
Extended
Cost
24-hour 48-hour 5-day
General Mineral (full suite) various 6 $ $ %%%General Physical (full suite) various 6 $ $ %%% Inorganic (incl metals) various 6 $ $ %%%
Alkalinity-total mg/L 30 $ $ %%%
Alkalinity - speciated mg/L 30 $ $ %%%
UCMR5 UG/L 60 $ $ %%%
Aluminum UG/L 4 $ $ %%%
Antimony, Total UG/L 4 $ $ %%%
Arsenic UG/L 4 $ $ %%%
Barium UG/L 4 $ $ %%%
Beryllium, Total UG/L 4 $ $ %%%
BHC-Gamma UG/L 4 $ $ %%%
Bromodichloromethane UG/L 4 $ $ %%%Bromoform UG/L 4 $ $ %%% Cadmium UG/L 4 $ $ %%%
Calcium MG/L 4 $ $ %%%
Chlorobenzene UG/L 4 $ $ %%%
Chloroform UG/L 4 $ $ %%%
Chromium UG/L 4 $ $ %%%
Color UNITS 4 $ $ %%%Combined Uranium PCI/L 4 $ $ %%%
Conductivity @ 25 C UMHOS/CM UMHO/CM 4 $ $ %%%Dibromoacetic Acid UG/L 4 $ $ %%% Dibromochloromethane UG/L 4 $ $ %%%
Dichloroacetic Acid UG/L 4 $ $ %%%
Hydroxide as Calcium Carbonate MG/L 30 $ $ %%%
Iron UG/L 4 $ $ %%%
Lasso (Alachlor) UG/L 4 $ $ %%%Magnesium MG/L 4 $ $ %%% Manganese UG/L 4 $ $ %%%
Mercury UG/L 4 $ $ %%%Methyl Tert-Butyl Ether UG/L 4 $ $ %%% Molinate UG/L 4 $ $ %%%
TITLE 22 DRINKING WATER AND SOURCE WATER COMPLIANCE
Turn Around Multipliers
Drinking Water Page 11

ATTACHMENT
A
440
Parameter Units
Estimated
Annual
Quantity
Proposed
Analytical
Method Unit Cost
Extended
Cost
24-hour 48-hour 5-day
TITLE 22 DRINKING WATER AND SOURCE WATER COMPLIANCE
Turn Around Multipliers
Monobromoacetic Acid UG/L 4 $ $ %%%
Monochloroacetic Acid UG/L 4 $ $ %%%Nickel UG/L 4 $ $ %%% O-Dichlorobenzene UG/L 4 $ $ %%%Odor TON 4 $ $ %%%
P-Dichlorobenzene UG/L 4 $ $ %%%
pH pH 4 $ $ %%%
Selenium UG/L 4 $ $ %%%Silver UG/L 4 $ $ %%%
Sodium MG/L 4 $ $ %%%Thallium, Total UG/L 4 $ $ %%%Trichloroacetic Acid UG/L 4 $ $ %%%Zinc UG/L 4 $ $ %%% Total Coliform, HPC (Total Coliform, UG/L 40 $ $ %%%
E. Coli, Chlorine Residuals) MFL 4 $ $ %%%
Cyanide, Total ug/L 1 $ $ %%%
Chloride mg/L 30 $ $ %%%
Fluoride mg/L 5 $ $ %%%
Nitrate-N mg/L 50 $ $ %%%
Nitrite (as N) mg/L 5 $ $ %%%
Bromide mg/L 30 $ $ %%%
Sulfate mg/L 30 $ $ %%%
Hardness (as CaCO3) mg/L 5 $ $ %%%
Foaming agents (MBAS) mg/L 5 $ $ %%%
NO2 + NO3-N mg/L 5 $ $ %%%
Perchlorate ug/L 6 $ $ %%%Single Metals mg/L 30 $ $ %%%Lead/Copper (55 samples in 2021) mg/L 60 $ $ %%%Turbidity NTU 5 $ $ %%% Aggressive Index AI 6 $ $ %%%
Odor, Threshold TON 35 $ $ %%%
Apparent Color units 35 $ $ %%%Specific Conductance uS/cm 30 $ $ %%% Drinking Water Page 12

ATTACHMENT
A
441
Parameter Units
Estimated
Annual
Quantity
Proposed
Analytical
Method Unit Cost
Extended
Cost
24-hour 48-hour 5-day
TITLE 22 DRINKING WATER AND SOURCE WATER COMPLIANCE
Turn Around Multipliers
Total Dissolved Solids mg/L 55 $ $ %%%
Bromate mg/L 15 $ $ %%%TOC mg/L 55 $ $ %%%
DOC mg/L 15 $ $ %%%
EDB/DBCP ug/L 4 40CFR141 $ $ %%%Triazine Pesticides ug/L 2 40CFR141 $ $ %%%Chlor Pesticides and PCB ug/L 2 40CFR141 $ $ %%% Herbicides ug/L 2 40CFR141 $ $ %%%
VOC ug/L 4 40CFR141 $ $ %%%
DEHA/DEHP ug/L 2 40CFR141 $ $ %%%Carbamates ug/L 2 40CFR141 $ $ %%% Glyphosate ug/L 2 40CFR141 $ $ %%%Endothall ug/L 4 40CFR141 $ $ %%% UV254 absorbance cm-1 15 $ $ %%%
SUVA L/mg-M 15 $ $ %%%
ortho-Phosphate mg/L 50 $ $ %%%
VOCs (Table 64444-A(a))*
Benzene 4 $ $ %%%
Carbon Tetrachloride 4 $ $ %%%
1,2-Dichlorobenzene 4 $ $ %%%
1,4-Dichlorobenzene 4 $ $ %%%
1,1-Dichloroethane 4 $ $ %%%
1,2-Dichloroethane 4 $ $ %%%
Drinking Water Page 13

ATTACHMENT
A
442

INDUSTRIAL WASTE
Parameter
Analytical
Method
Estimated
Annual
Quantity Unit Cost
Extended
Cost
24-hour 48-hour 5-day
Oil and Grease 1664A 150 $ $ % % %
TRPH 1664A w/SGT 180 $ $ % % %
TPH-Full Scan (w/chromatograph) 8015M 25 $ $ % % %
TPH-Gas 8015M 10 $ $ % % %TPH-Diesel 8015M 10 $ $ % % % Pesticides 608 25 $ $ % % %GC/MS Volatile Organics 624 50 $ $ % % %GCIMS Volatile Organics 8260 25 $ $ % % %GC/MS Semi Volatile Organics 625 50 $ $ % % % GC/MS Semi Volatile Organics 8270 25 $ $ % % %
Total Suspended Solids (TSS) 40CFR136 180 $ $ % % %Biochemical Oxygen Demand (BOD) 40CFR136 180 $ $ % % %Chemical Oxygen Demand (COD) 40CFR136 25 $ $ % % % Biochemical Oxygen Demand, 7-day 40CFR137 10 $ $ % % %Total Settleable Solids 40CFR136 25 $ $ % % %Total Dissolved Solids 40CFR136 150 $ $ % % % Conductivity 120 25 $ $ % % %
Cadmium (Cd) 200 Series 150 $ $ % % %
Chromium (Cr) 200 Series 160 $ $ % % %Hexavalent Chromium (Cr+6) 218.6 10 $ $ % % %Copper (Cu) 200 Series 160 $ $ % % %Nickel (Ni) 200 Series 160 $ $ % % %Lead (Pb) 200 Series 180 $ $ % % % Zinc (Zn) 200 Series 160 $ $ % % %
Cyanide (CN) 40CFR136 150 $ $ % % %
Cyanide Amenable (CN.A) 335.1 10 $ $ % % %Silver (Ag) 200 Series 150 $ $ % % % Turn Around Multipliers
Industrial Page 14

ATTACHMENT
A
443
Parameter
Analytical
Method
Estimated
Annual
Quantity Unit Cost
Extended
Cost
24-hour 48-hour 5-day
Turn Around Multipliers
Arsenic (As) 200 Series 150 $ $ % % %
Mercury (Hg) 200 Series 160 $ $ % % %Metals- CAM-17 6010 15 $ $ % % % STLC Metals Title 22 15 $ $ % % %
TTLC Metals EPA Methods 15 $ $ % % %
RCR/VTCLP Metals (8) 6010 15 $ $ % % %Ammonia 40CFR136 50 $ $ % % % E. Coli EPA Methods 100 $ $ % % %Total Coliform EPA Methods 50 $ $ % % % Fecal Coliform EPA Methods 50 $ $ % % %
Enterococcus EPA Methods 50 $ $ % % %
Potassium (K) EPA Methods 150 $ $ % % %Magnesium (Mg) 40CFR136 150 $ $ % % % Sodium (Na) 40CFR136 150 $ $ % % %Calcium (Ca) 40CFR136 150 $ $ % % % Bicarbonate (CaCO3) 40CFR136 150 $ $ % % %
Ammonium (NH4 ) 40CFR136 150 $ $ % % %
Chloride (Cl) 40CFR136 150 $ $ % % %Nitrate (NO3) 40CFR136 150 $ $ % % % Sulfate (SO4) 40CFR136 150 $ $ % % %
MBAS Surfactants 425.1 25 $ $ % % %Methanol 40CFR136 25 $ $ % % %Ethanol 40CFR136 25 $ $ % % %BTEX 8015/8260 25 $ $ % % %MTBE 8260 25 $ $ % % %TBA 8260 25 $ $ % % %DIPE 8260 25 $ $ % % %ETBE 8260 25 $ $ % % %TAME 8260 25 $ $ % % % Industrial Page 15

ATTACHMENT A
444
Parameter
Analytical
Method
Estimated
Annual
Quantity Unit Cost
Extended
Cost
24-hour 48-hour 5-day
Turn Around Multipliers
1,2-DCA 8260 25 $ $ % % %
EDB 624/8260 25 $ $ % % %
DBCP 624/8260 25 $ $ % % %
PCB's 508/608 10 $ $ % % %
Polynuclear Aromatic Hydrocarbons 610 10 $ $ % % %
Phenols 625 10 $ $ % % %
Dioxin EPA Methods 10 $ $ % % %
Formaldehyde EPA 8315 10 $ $ % % %
Reactivity/Corrosivity/Ignitability EPA Methods 10 $ $ % % % Flash Point (Ignitability) 1010 10 $ $ % % %Bioassay - Hazardous Waste, Static Title 22 15 $ $ % % % GRAND TOTAL $
Industrial Page 16

ATTACHMENT
A
445

BIDS WILL BE RECEIVED UNTIL THE HOUR OF
2:00 PM PST, Thursday February 20, 2025
ELECTRONICALLY AT [email protected]

REQUEST FOR SEALED BIDS

MUNICIPAL UTILITIES DEPARTMENT LAB SERVICES

FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 25-022

ATTACHMENT A
446

INVITATION FOR SEALED BID

MUNICIPAL UTILITIES DEPARTMENT LAB SERVICES
PROJECT 25-022
i

IFB INFORMATION
Contact Sabrina Brewer
Email Address [email protected]
Due Date for Questions
and Clarifications
January 30, 2025; 2:00 PM PST
Due Date for Response
to
Questions/Clarifications
February 6, 2025; 2:00 PM PST
IFB Submittal
Electronic Mail
[email protected]
IFB Submittal Due Date
& Time
Thursday, February 20, 2025; 2:00 PM
PST
Proposal shall be electronically delivered
to the email address above at or before
the hour stated. Proposals arriving after
the opening deadline will not be accepted.

Notification of Intent to
Award
TBD
Anticipated Date for
Council Approval
Tentative May 13,2025

ATTACHMENT A
447

INVITATION FOR SEALED BID

MUNICIPAL UTILITIES DEPARTMENT LAB SERVICES
PROJECT 25-022
ii
Table of Contents

1.0 GENERAL INFORMATION 5

1.1 REQUEST FOR SEALED BID ....................................................................................... 5

1.2 INVITATION TO SUBMIT A BID .................................................................................... 5

1.3 LOCAL BUSINESS PREFERENCE............................................................................... 5

1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS..................................... 5

1.5 CONSEQUENCE OF SUBMISSION OF BID ................................................................ 6

1.6 EXAMINATION OF BID MATERIALS............................................................................ 6

1.7 ADDENDA AND INTERPRETATION............................................................................. 6

1.8 DISQUALIFICATION...................................................................................................... 7

1.9 BID REJECTED ............................................................................................................. 7

1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED ................. 7

1.11 LICENSING REQUIREMENTS...................................................................................... 8

1.12 INSURANCE REQUIREMENTS.................................................................................... 8

1.13 HOLD HARMLESS......................................................................................................... 8

1.14 APPLICABLE LAW......................................................................................................... 9

1.15 METHOD OF PAYMENT ............................................................................................... 9

1.16 NOTICE TO OUT-OF-STATE VENDOR........................................................................ 9

1.17 TERM ............................................................................................................................. 9

1.18 COMPETITIVE PRICING............................................................................................. 10

1.19 FUNDING..................................................................................................................... 10

1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE ......................................... 10

1.21 AUDITING OF CHARGES & SERVICES .................................................................... 10

1.22 BID SECURITY ............................................................................................................ 10

1.23 CONTRACT BONDS.................................................................................................... 11

1.24 AWARD ........................................................................................................................ 11

1.25 CHANGES.................................................................................................................... 12

1.26 OTHER GOVERNMENTAL AGENCIES...................................................................... 12

1.27 LIQUIDATED DAMAGES............................................................................................. 12

1.28 PRODUCT OWNERSHIP .......................................................................................... 12

1.29 CONFIDENTIALITY ..................................................................................................... 12

1.30 JOB WALK ................................................................................................................... 13

1.31 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION REQUIREMENTS...................................................................................................................... 13

1.32 CONTRACTOR’S SAFETY RESPONSIBILITY........................................................... 13

1.31 PROTEST POLICY ...................................................................................................... 14

ATTACHMENT A
448

INVITATION FOR SEALED BID

MUNICIPAL UTILITIES DEPARTMENT LAB SERVICES
PROJECT 25-022
iii

2.0 BACKGROUND/GENERAL NATURE OF SERVICE ................................................ 15

2.1 SCOPE OF SERVICES ............................................................................................... 15

2.2 CITY RESPONSIBILITIES........................................................................................... 19

3.0 BIDDER'S CHECKLIST.......................................................................................................... 20 BID DOCUMENTS .................................................................................................................... 21 COST TABLE FOR PRODUCTS AND SERVICES .................................................................. 22 BIDDER’S AGREEMENT .......................................................................................................... 23 NON-COLLUSION..................................................................................................................... 24 SUBCONTRACTOR LIST ......................................................................................................... 26 EXHIBIT 1 – INSURANCE REQUIREMENTS .............................................................................. 27 EXHIBIT 2 – SAMPLE CONTRACT.............................................................................................. 28

ATTACHMENT A
449

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
4 NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California for specifications for MUNICIPAL UTILITIES DEPARTMENT LAB SERVICES PUR 25-022 in strict accordance with the specifications.

The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.

The Stockton Municipal Utilities Department (MUD) manages, operates and maintains three utility enterprises; Water, Wastewater and Stormwater. The Laboratory, which services the three enterprises, is the subject of this Invitation for Bids.

The services to be provided to the Municipal Utilities Department include laboratory testing services for routine wastewater final effluent in accordance with the City’s National Pollution Discharge Elimination System (NPDES) Permit; hazardous material characterization testing; annual priority pollutants testing; industrial pretreatment testing; and drinking water analysis in accordance with Title 22 regulations.

The bid specifications and forms can be obtained from the City of Stockton’s website at www.stocktonca.gov/mudbid and must be electronically delivered to [email protected] up to but not later than 2:00 pm on Thursday, February 20, 2025.

The City reserves the right to reject any and/or all bids received.

Information on Bid Process/Clarification/Technical Data Sabrina Brewer, Procurement Division
(209) 937-8357
e-mail: [email protected]
DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.

Dated: January 16, 2025

KATHERINE ROLAND, CMC, CITY CLERK

CITY OF STOCKTON

ATTACHMENT A
450

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
5 1.0 GENERAL INFORMATION

1.1 REQUEST FOR SEALED BID
The purpose of this sealed bid is to request bidders to present their qualifications and capabilities to provide The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south.

Approximately 310,000 residents live in Stockton.

1.2 INVITATION TO SUBMIT A BID
Bids shall be submitted no later than 2:00 pm, on Thursday, February 20, 2025.

The bid should be identified in the Subject of " Municipal Utilities Department Lab for the City of Stockton PUR 25-022." Any bid received after the due date and time indicated will not be accepted and will be deemed rejected and returned, unopened, to the bidder.

1.3 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:

Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014-03- 18-1601 C.S. § 1; prior code § 3-106.1)

1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS
Bidders must comply with City of Stockton Municipal Code (SMC) Section

3.68.095, Ordinance No. 011-09 adopted Sept. 1, 2009, effective Oct. 1, 2009.

ATTACHMENT A
451

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
6 1.5 CONSEQUENCE OF SUBMISSION OF BID
A. The City shall not be obligated to respond to any bid submitted nor be legally bound in any manner by the submission of a bid.

B. Acceptance by the City of a bid obligates the bidder to enter into a contract with the City.

C. A contract shall not be binding or valid against the City unless or until it is executed by the City and the bidder.

D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.

1.6 EXAMINATION OF BID MATERIALS
The submission of a bid shall be deemed a representation and warranty by the bidder that it has investigated all aspects of the bid, that it is aware of the applicable facts pertaining to the bid process and its procedures and requirements, and that it has read and understands the bid. No request for modification of the provisions of the bid shall be considered after its submission on the grounds the bidder was not fully informed as to any fact or condition. Statistical information which may be contained in the bid or any addendum thereto is for informational purposes only.

The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.

1.7 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications/questions/answers of a bid shall be made in writing/email and deliverable to:

CITY OF STOCKTON
ATTN: SABRINA BREWER

PROCUREMENT DIVISION
425 NORTH EL DORADO STREET
STOCKTON, CA 95202-1997
[email protected]
Such request for clarification shall be delivered to the City by 2:00 pm on Thursday, January 30, 2025. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid by Thursday. February 6, 2025, and will become a part of the bid addendum. The bidder should await responses to inquires prior to submitting a bid.

ATTACHMENT A
452

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
7 1.8 DISQUALIFICATION
Any of the following may be considered cause to disqualify a bidder without further consideration:

A. Evidence of collusion among bidders;
B. Any attempt to improperly influence any member of the evaluation panel; C. Any attempt to communicate in any manner with a City of Stockton elected official during the bid process will, and shall be, just cause for disqualification/rejection of bidder’s bid submittal and considered nonresponsive.

D. A bidder's default in any operation of a contract which resulted in termination of that contract; and/or
E. Existence of any lawsuit, unresolved contractual claim, or dispute between bidder and the City.

F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

1.9 BID REJECTED
A bid shall be prepared and submitted in accordance with the provisions of these bid instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a bid may be sufficient grounds for rejection of the bid. The City has the right to waive any defects in a bid if the City chooses to do so. The City may not accept a bid if:

A. Any of the bid forms are left blank or are materially altered; B. Any document or item necessary for the proper evaluation of the bid is incomplete, improperly executed, indefinite, ambiguous, or missing.

1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED A. The bidder assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.

B. If bidder's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the vendor of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another

ATTACHMENT A
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CITY OF STOCKTON

INVITATION FOR SEALED BIDS
8 process which is comparable to that which is required prior to submission of a bid.

1.11 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required will be the sole cost and responsibility of the successful bidder.

Bidder must possess Documentation of the State of California Environmental Laboratory Accreditation Program (ELAP) Certification is required in the form of a copy of the ELAP Permit for the contract laboratory and each subcontract laboratory used. The contract laboratory and all subcontractors must submit the current ELAP/NELAP/TNI certification with approved analysis to perform the work specified within these documents.

A City of Stockton Business license may be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.

1.12 INSURANCE REQUIREMENTS
Bidder, at Bidder's sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit 1 (or Exhibit B of the sample contract).

All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.

Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

The Bidder shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Bidder shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with Bidder’s broker to ensure any additional costs are included in the proposal pricing component.

Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.

1.13 HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers

ATTACHMENT A
454

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
9 from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement.

These obligations shall survive the completion or termination of this agreement.

1.14 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, County of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.

1.15 METHOD OF PAYMENT
Payment will be made within thirty (30) days after invoices are received and accepted by the City. Invoices are to be rendered monthly.

1.16 NOTICE TO OUT-OF-STATE VENDOR
The City of Stockton will pay all applicable sales/use tax directly to the State of California for this purchase.

It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self-accrue all sales/use tax on purchases made from out-of-state vendors.

Sales and use tax on purchases made by the City of Stockton from all companies located outside California and whose products are shipped from out of state will be remitted to the BOE directly by the City under permit number SR KHE 28- 051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton.

Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.

1.17 TERM
The City plans to establish a five (5) year contract with no option to renew.

ATTACHMENT A
455

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
10 1.18 COMPETITIVE PRICING
Bidder warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of bidder. If bidder enters into any arrangements with another customer of bidder to provide product under more favorable charges, economic or product terms or warranties, bidder shall immediately notify CITY of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.

1.19 FUNDING
Any contract which results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.

1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE
The City may terminate the resultant contract for convenience by providing a sixty (60) calendar day advance notice unless otherwise stated in writing.

1.21 AUDITING OF CHARGES & SERVICES
The City reserves the right to periodically audit all charges and services made by the bidder to the City for services provided under the contract. Upon request, the bidder agrees to furnish the City with necessary information and assistance.

1.22 BID SECURITY
Every bid offered shall be accompanied by an acceptable financial instrument (bidder’s bond, certified or cashier’s check) in favor of and payable at sight to the City of Stockton for an amount not less than $0.00 or a bidder's bond executed by a surety authorized by the Insurance Commissioner to transact business of insurance in the State of California, made out in favor of the CITY OF STOCKTON for an amount not less than $0.00 and no bid shall be considered unless accompanied by such certified or cashier’s check or bidder's bond.

If bidder elects to accompany their bid with a bidder's bond, then said bond shall state on its face that, "in the event the person, firm, or corporation is awarded the contract and the said bidder shall fail, neglect, or refuse to enter into a contract to said equipment or materials, then the amount therein mentioned in the bidder's bond accompanying the bid of said person, firm, or corporation shall be declared to be forfeited to the City."
In the event that the person, firm, or corporation to whom said contract may be awarded fails, neglects, or refuses to enter into contract to furnish said equipment, materials or services, as hereinbefore provided within thirty (30) days of award,

ATTACHMENT A
456

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
11 then the cashier's check, or certified check and the amount therein mentioned, accompanying the bid of said person, firm, or corporation, shall be declared to be forfeited to said City; or, if non-complying bidder has accompanied their bid with a bidder's bond, appropriate legal action to collect the bidder's bond, shall be undertaken.

As information, the City will NOT accept company or personal checks for bid security.

1.23 CONTRACT BONDS
The successful bidder will be required to furnish the City of Stockton with a Faithful Performance Bond in the amount of 10 % and shall be furnished concurrently with the signing of the contract.

The surety which provides the bond(s) must be authorized by the Insurance Commissioner to transact business of insurance in the State of California.

Said bonds shall be executed by the surety and contractor concurrently with the signing of the contract. The form of said bonds must be approved by the appropriate City departments.

All alterations, extension of time, extra and additional work, and other changes authorized by these specifications or any part of the contract shall be made without securing the consent of the surety or sureties on the contract bonds.

1.24 AWARD
Upon conclusion of the bid process, a contract may be awarded for PUR 25-022 The City reserves the right to make an award on any item, quantity of any item, group of items, or in the aggregate to that/those bidder(s) whose bid(s) is/are most responsive to the needs of the City. Further, the City reserves the right to reject any and all bids, or alternate bids, or waive any informality in the bid as is in the City's best interest.

Consideration will be given in comparing bids and awarding a contract, not only to the dollar amount of the bids, but also to:
➢ Kind
➢ Suitability
➢ Warranties
➢ Trade-in
➢ Buy-back agreement
➢ Salvage value
➢ Standardization

ATTACHMENT A
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CITY OF STOCKTON

INVITATION FOR SEALED BIDS
12 ➢ Delivery time
➢ Any other criteria as best suits the City of Stockton ➢ Compatibility resulting in the lowest ultimate cost; Best value to the City

1.25 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the bidder or as recommended by the bidder’s project manager, pursuant to the adopted City of Stockton Standard Specifications.

1.26 OTHER GOVERNMENTAL AGENCIES
If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.

Such participating governmental bodies shall make purchases in their own name, make payment directly to successful bidder and be liable directly to the successful bidder, holding the City of Stockton harmless.

1.27 LIQUIDATED DAMAGES
Liquidated damages in the amount of DOLLAR AMOUNT dollars per day will be assessed per each working day over the _____N/A_____ allotted for this project.

1.28 PRODUCT OWNERSHIP
Any documents, products or systems resulting from the contract will be the property of the City of Stockton.

1.29 CONFIDENTIALITY
If bidder believes that portions of a bid constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the bidder must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the bid which the bidder believes to be protected from disclosure.

The bidder must submit in writing specific detailed reasons, including any relevant legal authority, stating why the bidder believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted.

The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The bidder is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.

ATTACHMENT A
458

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
13 1.30 JOB WALK
N/A

1.31 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION

REQUIREMENTS
Prevailing wage rates are required for this project according to State and Federal Labor laws. Prevailing wage rates can be found by logging on to http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

Department of Industrial Relations- Contractor Registration information and web link: http://www.dir.ca.gov/Public-Works/PublicWorks.html In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

1.32 CONTRACTOR’S SAFETY RESPONSIBILITY
The scope of work for this project has been reviewed for special risks or hidden dangers that may be present to employees of the bidder or any subcontractor. The

ATTACHMENT A
459

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
14 bidder is required to identify, notify employees, and implement special precautions to prevent injuries to employees. Additionally, the bidder is required to identify its skill, experience, and equipment in dealing with the types of risk to employees.

1.31 PROTEST POLICY
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.

PROTEST PROCEDURE
A. All protests must be in writing and stated as a formal protest.

B. The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.

C. The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised, and addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation. The party challenging the award decision to bear the burden of proof of material error to justify invalidation of the proposed award.

D. Protests must be filed with the City's Chief Financial Officer, or designee, not later than five (5) days after the date the City mails and or posts on the City’s Bid Flash platform, the Letter of Intent to Award.

E. Deliveries of the protest by hand, mail, email are acceptable.

F. The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines.

PROTEST REVIEW
A. The Chief Financial Officer or designee shall respond in writing to material issues raised in the protest within thirty (30) days of receipt of the protest letter.

B. The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's decision has been made.

C. The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.

D. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.

E. The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.

F. If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party

ATTACHMENT A
460

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
15 that he or she has the right to appeal to the appropriate agency, which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).

G. The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.

2.0 BACKGROUND/GENERAL NATURE OF SERVICE
The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.

2.1 SCOPE OF SERVICES

1. Services supplied under this contract consist, in general, of:
• Monthly testing for National Pollution Discharge Elimination System (NPDES) Permit final effluent for wastewater; and
• Annual Priority Pollutant testing for Wastewater, including influent, effluent, and biosolids, according to the NPDES permit requirements; and
• Title 22 Analysis for Drinking Water; and
• Industrial and wastewater hauler testing.

2. Contractor shall provide all labor, tools and supplies necessary to complete the requirements of these contracts.

3. All wastewater testing criteria, including but not limited to Maximum Reporting Level, Minimum (or Reporting) Levels, and Method Detection Limits are as stated in Attachment E of the City’s NPDES Permit, attached to this scope as Attachment A.

4. Documentation of the State of California Environmental Laboratory Accreditation Program (ELAP) Certification is required in the form of a copy of the ELAP Permit for the contract laboratory and each subcontract laboratory used. The contract laboratory and all subcontractors must submit the current ELAP/NELAP/TNI certification with approved analysis.

5. As part of a Quality Assurance Program conducted by the US EPA and the State of California, all major permittees under NPDES Permits, including the City of Stockton, must participate in performance evaluation studies.

Contract laboratories must also participate in these studies. Any

ATTACHMENT A
461

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
16 performance evaluation rating, if not acceptable for the analyses of these samples by the contract laboratory, may invalidate the remainder of the contract. It will also prohibit bids on future contracts until the matter is resolved to the satisfaction of all regulatory authorities.

6. Normal turn-around time must be no more than 10 business days. In addition, provide any incremental surcharge for 24-hour, 48-hour and 5- day turnaround time for each analysis.

7. Pick-up schedule at City location will be at a minimum of twice a week, unless specified otherwise below. Pick-ups may occasionally be needed on Fridays or weekends, if necessary.

8. The mailing or shipping of samples from Stockton to a contract laboratory is not acceptable. The Contractor must provide for courier service to transport samples on the same day they are sampled directly from the Regional Water Control Facility to the laboratory performing the analyses.

Resampling resulting from holding time exceedance because of courier delay is not acceptable.

9. Any shipping costs will be bidder/contractor lab's responsibility.

10. Contractor lab and/or subcontractors will supply all bottles/containers/ chain of custody (COC) for test analysis.

11. All data and reports will be transferred via email and electronic data download (EDD) formatted to allow for data transfer to various reporting databases. At a minimum, and for the purposes of this bid, the data shall be transferred in csv format. All information from COC will be transferred verbatim.

12. Contractor lab should be prepared to provide preliminary report numbers upon request.

13. The City of Stockton reserves the right to send samples to other analytical laboratories as deemed necessary.

14. The contractor shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY. In no event shall subcontract work exceed 10% of the contract amount, excluding specialized services.

15. Must submit three references from current customers from within the last twelve months.

16. The lab tests and estimated quantities listed in Section 2.1 represent the best known information available. The actual tests required and the quantity may vary. Any additional testing services required by the City will be agreed upon by both parties prior to proceeding with the additional work.

17. These tasks are reflective of those required by current regulations and permits. Any changes to the testing and reporting criteria due to regulatory or permit changes may result in changes to these tasks. Any changes to the tasks will be with the consent of both parties.

ATTACHMENT A
462

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
17 WASTEWATER ANALYTICAL LABORATORY REQUIREMENTS

2. Bidder/contractor lab must establish calibration standards so that the lowest calibration standard is less than or equal to the Minimum Limit (ML).

3. A copy of an actual report that includes MDLs and RLs for all constituents must be submitted.

5. All analyses must be completed within hold times required under 40 CFR Part 136 for wastewater.

HAZARDOUS WASTE CHARACTERIZATION ANALYTICAL LABORATORY

REQUIREMENTS

2. Bidder/contractor lab must establish calibration standards so that the lowest calibration standard is less than or equal to the Minimum Limit (ML).

3. A copy of an actual report that includes MDLs and RLs for all constituents must be submitted.

ATTACHMENT A
463

CITY OF STOCKTON

INVITATION FOR SEALED BIDS
18 4. The analytical results page must contain at a minimum, the following information:
1) Project name/title (provided by the City on the Chain-of-Custody form)
2) Sample ID or location codes
3) Sample collection date and time
4) Parameter or analyte name and method number
5) Method detection limit (MDL)
6) Reporting limit (RL)
7) Preparation date, time, batch ID and analyst ID
8) Analysis date, time, batch ID and analyst ID
9) Indication if result is >MDL and <RL by a qualifier (J or DNQ flag) or Comment
10) Quality control (QC) data shall include both MDLs and RLs for all blank QC samples reported.

DRINKING WATER LABORATORY REQUIREMENTS

1. Drinking water reporting shall comply with the State’s requirements.

2. Bidder/contractor lab must establish calibration standards so that the lowest calibration standard is less than or equal to the State required Detection Limit for Reporting (DLR).

4. All analyses must be performed within the requirements of 40 CFR Part 141 for water, including hold times.

5. Data must be submitted electronically to the State’s Write-On database by the 10th of each subsequent month.

ATTACHMENT A
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CITY OF STOCKTON

INVITATION FOR SEALED BIDS
19 sufficient notification.

INDUSTRIAL WASTE TESTING REQUIREMENTS

1. Electronic analytical results reporting and invoicing by email to individual EC staff as specified on each chain of custody form. Sample results, QA/QC, and invoice must be submitted together.

2. Scheduled courier sample pick-up at MUD is required at a minimum of twice per week (Tuesdays and Thursdays) between 2:30 and 4:00 pm. Additional pick-up days must be accommodated due to special, unexpected sampling events. The courier must be available to pick up samples at MUD any day of the week, at a minimum Monday through Friday, and possibly some weekends.

3. Certified and pre-preserved sample containers delivered to Environmental Control on an as-needed basis for all sampling parameters listed below.

4. All EPA 8015M (TPH - Full Scan, including Diesel, Hydraulic Oil, Kerosene, Mineral Oil, and Motor Oil) sample results must include chromatographs.

5. All samples must be analyzed using EPA approved methods listed in 40 CFR 136, unless otherwise specified.

2.2 PRICING AND TYPES OF TESTING
The following tables show the types of testing services that will be required. Provide the individual pricing and totals on each form, then transfer the total to the BID TO BE SUBMITTED page. These tables are also available in Excel format on the BidFlash project page under the heading, “Plans, Attachments, Agendas’. Any submitted copies of the spreadsheets shall be in the order and format shown below.

ATTACHMENT A
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CITY OF STOCKTON

INVITATION FOR SEALED BIDS
20 BIDDER'S CHECKLIST
THIS CHECKLIST IS PROVIDED FOR YOUR CONVENIENCE ONLY. IT IS NOT REQUIRED TO BE SUBMITTED WITH BID.

Complete the following bid documents (FROM THIS PACKET ONLY SUBMIT PAGES 15 to 19, along with any illustrations/brochures):

1. Bid Documents Cover Page*

2. Cost Table for Products and Services (Recheck your math on each item extension and total column. Do not superimpose numerals on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid) *

3. Bidders Agreement*

4. Non-Collusion Affidavit - Sign and notarize by jurat certificate the “Non- Collusion Affidavit” form. An “All-Purpose Acknowledgment” form will not be sufficient.

5. Sub-Contractor List*

6. Include your $0.00 bidder's security, bidder's bond, certified or cashier's check. * NOTE: As information, the City will NOT accept company or personal checks for bid security.

7. Any Addendum Acknowledgements. Print and sign all Addendums on the City’s website at www.stocktonca.gov/mudbid listed under the PUR 25-022 and submit with Bid response. *
Email bid to City Clerk's Office at [email protected], before THURSDAY, February 20, 2025 AT 2:00 PM. Bid shall be marked "Bid" and indicate MUNICIPAL UTILITIES DEPARTMENT LAB SERVICES, PUR 25-022, February 20, 2025.

CONTACT INFORMATION:

Information on Bid Process/Clarification/Technical Data Sabrina Brewer, Procurement Specialist II
(209) 937-8357
e-mail: [email protected]
*If not completed as required, your bid may be voided.
*DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
*THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE SUBMITTED WITH YOUR BID.

ATTACHMENT A
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MUNICIPAL UTILITIES DEPARTMENT LAB SERVICES
PUR 25-022
FEBRUARY 20,2025
21 BID DOCUMENTS
COMPANY NAME: _________________________________
CONTACT NAME: _________________________________
ADDRESS: _______________________________________
_____________________________________________
TELEPHONE NUMBER: ____________________________
EMAIL: __________________________________________

ATTACHMENT A
467

MUNICIPAL UTILITIES DEPARTMENT LAB SERVICES
PUR 25-022
FEBRUARY 20,2025
22 COST TABLE FOR PRODUCTS AND SERVICES
Description Year 1 Pricing
Routine Monitoring for Wastewater NPDES Compliance $
Hazardous Waste Characterization Testing $
Annual Priority Pollutant Testing $
Title 22 Drinking Water Compliance $
Industrial Waste and Wastewater Hauler Testing $
GRAND TOTAL $
Company Name (Please Print) Signed By
Date Name Printed
Phone Number Address
NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:

MUNICIPAL UTILITIES DEPARTMENT LAB SERVICES
PUR 25-022
FEBRUARY 20,2025

IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON.

The bidder warranties this pricing for the contract term period. Annual cost adjustments up to three percent (3%) may be requested. Any adjustments exceeding this amount must be accompanied by evidence satisfactory to the City documenting the reason for and actual cost of the increase. All five (5) pricing tables are attached.

If the prime lab intends to use subcontractors, a list shall be provided with this bid.

ATTACHMENT A
468
23 BIDDER’S AGREEMENT
In submitting this bid, as herein described, the bidder agrees that:

1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirements of same.

2. They have reviewed and understand all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid

3. They will enter into written contract and furnish the item(s)/service(s) in the time specified in strict conformity with the specifications and conditions contained therein for the price quoted by the bidder on this bid.

4. The proposed price is inclusive of all freight and handling charges and includes delivery to the City of Stockton, Municipal Service Center, or if specified, to the alternate point of delivery shown in the specifications.

5. They have signed and notarized the attached Non-Collusion Affidavit form whether individual, corporate or partnership. Must be “A Jurat” notarization.

FIRM ADDRESS

SIGNED BY TITLE OR AGENCY

E-MAIL ADDRESS
NOTE: Bids are invalid which are unsigned, or not accompanied by $0.00 bid deposit or a bidder’s bond. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be emailed or delivered to:
[email protected]
On or before 2:00 p.m. Thursday, February 20, 2025, and publicly opened immediately thereafter in the City Council Chambers.

ATTACHMENT A
469
24 NON-COLLUSION
No. 1 AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA, )ss.

County of )
(insert)
being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder. _____________________________________________________
(Signature Individual Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal ___________________________________________________ Signature ___________________________________________________ No. 2 AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA, )ss.

County of )
(insert)
being first duly sworn, deposes and
says: That they are the of a
corporation, which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder. (Signature Corporation Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal _______________________________________________
Signature _______________________________________________

ATTACHMENT A
470
25 No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF CALIFORNIA, )ss.

County of )
(insert)
,
each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership, designated as who is the party making the foregoing bid; that the other partner, or partners, are that such bid is
genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder. (Signature)
(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal ____________________________________________________ Signature ____________________________________________________

ATTACHMENT A
471
26 SUBCONTRACTOR LIST
PUR 25-022

PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, license number, description of the work, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid need to be listed. All work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder's own organization. Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.

PRINT LEGIBLY OR TYPE

BUSINESS

NAME/ADDRESS CONTACT
PHONE
NUMBER

LICENSE NUMBER
& LICENSE

CLASSIFICATION TYPE OF WORK AMOUNT

ATTACHMENT A
472
27 EXHIBIT 1 – INSURANCE REQUIREMENTS

ATTACHMENT A
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28 EXHIBIT 2 – SAMPLE CONTRACT

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DEPT/PROJECT : MUD/PUR25022

MUNICIPAL UTILITIES DEPARTMENT

LAB SERVICES

BID ABSTRACT
DATE: FEBRUARY 20, 2025
ESTIMATE: ______ _
For information regarding this project, please contact Sabrina Brewer @ (209) 937-8885 and/or Procurement Department@ (209) 937-8357.

Ii .I<: "C
No. Bidder C:
(.)

1. La.:!J�,,,-� .:z:-.rc
/2//2/J/ _/ �/la dncdL

2. ;t)S/:- � //C)�'/ � A

3. -{ '.i�j;: f� Hd ��:f t,}/�

4. 5.

6. 7.

8. 9.

10. 11.

Account Number (Publication):

Contract Awarded To: ---------- Council Meeting Date: _______ _ Motion/Reso #: ------------- Unsuccessful Bonds Returned: -------- Contract#: OB Doc#: ------ Successful Bond Returned: ------- $278,099.33
$387,488.46

ATTACHMENT C
623

ATTACHMENT C
624

ATTACHMENT C
625
City of Stockton
Legislation Text
File #: 25-0451, Version: 1

APPROVE FINDINGS AND EXECUTE CONTRACT AGREEMENTS FOR THE PURCHASE OF

WATER AND WASTEWATER TREATMENT CHEMICALS THROUGH THE BAY AREA CHEMICAL

CONSORTIUM

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 which justify and support an exception to the competitive bidding process.

2. Authorize the City Manager to execute four contracts for the purchase of chemicals for water and wastewater treatment for Fiscal Year 2025-26.

3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Summary
The Municipal Utilities Department (MUD) is comprised of three enterprise funds including Water, Wastewater, and Stormwater Utilities. The Wastewater Utility includes a sanitary sewer collection system of approximately 900 miles of gravity sewer main, 554 miles of lower lateral pipe, 27 pump stations, and 30 miles of pressurized force main that route sewage to the Regional Wastewater Control Facility (RWCF) for treatment. The system collects sewage from properties within the City, special districts outside the City, and certain areas within San Joaquin County. The RWCF is an advanced tertiary treatment facility with a 55 million-gallon per day (MGD) capacity and is located adjacent to the San Joaquin River.

The Water Utility provides drinking water service to the northern and southern regions of the Stockton Metropolitan Area, with the California Water Service Company and San Joaquin County serving the central region. The Delta Water Treatment Plant (DWTP) began operation in May 2012, providing up to 30 million gallons per day of treated surface water from the San Joaquin Delta and Mokelumne River.

Various chemical compounds are frequently used under state and federals regulations, in water and wastewater treatment and are an essential part of treatment processes used to remove impurities, improve water quality, and ensure public safety.

If approved by the City Council, this action will approve the findings and authorize four contracts for the purchase of water and wastewater treatment chemicals to the most responsive, responsible, and competitive vendor for each chemical at the specified unit price.

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File #: 25-0451, Version: 1
Each contract will be for one year, with the option to extend annually for up to three renewals.

DISCUSSION
Background
In 2013, the City of Stockton (City) joined the Bay Area Chemical Consortium (BACC) to benefit from bulk product pricing for the purchase of water and wastewater treatment chemicals. BACC is a group of public agencies from eight regions located throughout the Central Valley and Bay Area that coordinate competitive bidding for chemical contracts. BACC awards a contract to the lowest overall bidder for each chemical in each region. There were fifty-two agencies that participated this year.

Purchasing chemicals by participating in the BACC bid process has resulted in significant cost savings over the past 12 years.

The chemicals to be purchased and the recommended suppliers are:

1. KAAM Group of Carlsbad, California for the purchase of Aqueous Ammonia at $1.30 per gallon. (Exhibit 1 to the Resolution)

2. Univar Solutions USA, LLC. of Kent, Washington for the purchase of Sodium Bisulfite at $2.845 per gallon. (Exhibit 2 to the Resolution)

3. Brenntag Pacific, Inc. of Santa Fe Springs, California for the purchase of Sodium Hydroxide (25%) at $888.48 per dry ton and Sodium Hydroxide (50%) at $774 per dry ton. (Exhibit 3 to the Resolution)

4. Univar Solutions USA, LLC. of Kent, Washington for the purchase of Sodium Hypochlorite at $3.29 per gallon. (Exhibit 4 to the Resolution)
BACC members pay a lump sum of approximately $500 per bid to facilitate the bidding process.

Participants are encouraged not to vary from the lowest overall bid, as it would undermine the prices quoted for bulk quantities.

MUD staff participated in the preparation of the bid specifications and selected the specific chemicals required at the RWCF and DWTP. The combined request for bids from all the agencies is a cooperative purchase agreement that offers vendors an opportunity to sell larger quantities of their products, while offering lower prices for participating agencies.

Present Situation
The Bay Area Clean Water Agencies (BACWA) coordinated all bid specification preparations and advertisements on behalf of BACC since 2020. The invitation to bid for each chemical was advertised by BACWA in the Alameda Times Star newspaper on January 23, 2025. As the coordinating agency, BACWA received bids electronically through PlanetBids.com by February 20, 2025. Results were then released to BACC members.

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File #: 25-0451, Version: 1
The lowest bids of interest to the City are shown in the following table:

Chemical Unit FY 24-25
Rate
$/Unit
FY 24-25 Lowest
Bidder
FY 25-26
Rate
$/Unit
Unit
Price
Change
Aqueous Ammonia
(19%)
Gal $2.15 KAAM Co $1.30 -40%
Sodium Bisulfite
(40%)
Gal $2.80 Univar Solutions USA
LLC
$2.845 2%
Sodium Hydroxide
(25%)
Dry
Ton
$840.15 Brenntag Pacific, Inc $888.48 6%
Sodium Hydroxide
(50%)
Dry
Ton
$748.61 Brenntag Pacific, Inc $774.00 3%
Sodium Hypochlorite
(12.5%)
Gal $3.25 Univar Solutions USA
LLC
$3.29 1%
The chemical industry experienced widespread price increases in the years following the COVID-19 pandemic, predominantly due to material and labor shortages, production disruption, and increased transportation costs. The current prices reflect more stability in the chemical supply markets.

The lowest responsible, responsive bidder was determined by the overall lowest cost provided to all the BACC member agencies in each region. Contracts are awarded to the lowest overall bidder of all the agencies within the designated regions to take advantage of the lower bulk quantity bids.

Choosing a bid other than the lowest overall bid undermines the intent of the consortium and negates the value of participation in the consortium.

Findings
Pursuant to the Stockton Municipal Code (SMC) section 3.68.070, the City Council may approve findings which justify and support an exception to the competitive bidding process. The following findings justify and support an exception:

1. The Bay Area Chemical Consortium (BACC) is a group of 52 public agencies that coordinates their chemical bids to obtain the best possible bulk bid price.

2. BACC conducts a competitive bid process to obtain the best possible bulk bid price.

3. The City of Stockton joined BACC to participate in the public bidding of chemicals necessary for the treatment of water and wastewater.

4. The bid specification used by BACC has been reviewed and determined to be compatible with City of Stockton standards.

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File #: 25-0451, Version: 1

5. Participating in the BACC cooperative purchase agreement benefits the City by reducing costs on large scale chemical purchases.

6. All four proposed contracts are cooperative purchasing agreements for the purchase of supplies or services through other governmental jurisdictions or public agencies.

FINANCIAL SUMMARY
Funds will be available following the City Council approval of the FY 2025-26 Wastewater Utility and Water Utility budget for the procurement of each chemical for FY 2025-26.

The respective Utility funds will be allocated annually as shown below:

Chemical Est. Annual
Quantity
Cost/
Unit
Wastewater
Estimated
Annual Cost*
Water
Estimated
Annual
Cost
Total 4-year
Not to
Exceed
Amount
Aqueous
Ammonia
60,000 Gal WW $1.30 $86,000 $0 $86,000
Sodium Bisulfite 220,000 Gal WW
9,500 Gal W
$2.845 $683,000 $34,000 $717,000
Sodium
Hydroxide (25%)
325 Dry Ton WW
110 Dry Ton W
$888.48 $315,000 $98,000 $413,000
Sodium
Hydroxide (50%)
155 Dry Ton WW $774.00 $131,000 $0 $131,000
Sodium
Hypochlorite**
502,750 Gal WW $3.29 $1,803,000 $0 $1,803,000
TOTAL $3,018,000 $132,000 $13,178,600
* Wastewater Estimated Annual Cost includes 9% for taxes. Estimated annual costs rounded up to the nearest thousand dollars.

The quantities listed above are estimates only. The actual quantities purchased may vary depending on treatment needs and will be purchased at the contracted rates. The not-to-exceed amount represents the total expense for both water and wastewater throughout the potential 4-year contract term. The contracts allow for price changes if the contracts are extended. The not-to-exceed total includes a 3% annual escalation per year to account for potential cost of living increases.

Funds for future chemical purchases will be budgeted in the same accounts, in subsequent fiscal years, and subject to approval by the City Council through the annual budget development process.

This action has no impact on the General Fund or any other unrestricted funds.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING FINDINGS AND AUTHORIZING CONTRACT

AGREEMENTS FOR THE PURCHASE OF WATER AND WASTEWATER

TREATMENT CHEMICALS THROUGH THE BAY AREA CHEMICAL CONSORTIUM Various chemicals are used in the water and wastewater treatment processes to reduce hazardous conditions and/or remove specific impurities to meet drinking water quality standards and wastewater discharge permit requirements; and The City joined the Bay Area Chemical Consortium (BACC) in 2013 to benefit from bulk product pricing for the purchase of water and wastewater treatment chemicals; and The BACC is a group of public agencies from eight regions located throughout the Central Valley and Bay Area that coordinate competitive bidding for chemical contracts.

There were fifty-two agencies that participated this year; and MUD staff participated in the preparation of the bid specifications and selected the specific chemicals required at the Regional Wastewater Control Facility (RWCF) and the Delta Water Treatment Plant (DWTP). The combined requests for bids from all the agencies are a cooperative purchase agreement that offers vendors an opportunity to sell larger quantities of their products, resulting in lower prices for the agencies; and The Bay Area Clean Water Agencies (BACWA), on behalf of the BACC, has coordinated all bid specification preparations and advertisements since 2020. The invitation to bid for each chemical was advertised by BACWA in the Alameda Times Star newspaper on January 23, 2025; and
As the coordinating agency, BACWA received bids electronically through PlanetBids.com by February 20, 2025. Results were then released to the BACC members; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council makes the following findings pursuant to Stockton Municipal Code section 3.68.070 to support and justify an exception to the competitive bidding process:
a. The Bay Area Chemical Consortium (BACC) is a group of 52 public agencies that coordinates their chemical bids to obtain the best possible bulk bid price.
b. BACC conducts a competitive bid process to obtain the best possible bulk bid price.
630
c. The City of Stockton joined BACC to participate in the public bidding of chemicals necessary for the treatment of water and wastewater. d. The bid specification used by BACC has been reviewed and determined to be compatible with City of Stockton standards.
e. Participating in the BACC cooperative purchase agreement benefits the City by reducing costs on large chemical purchases.
f. All four proposed contracts are cooperative purchasing agreements for the purchase of supplies or services through other governmental jurisdictions or public agencies.

2. The City Council authorizes the City Manager to execute the following contracts (Exhibits 1 through 4 to the Resolution) for the purchase of chemicals for water and wastewater treatment.
a. KAAM Group of Carlsbad, California for the purchase of Aqueous Ammonia at $1.30 per gallon. (Exhibit 1)
b. Univar Solutions USA, LLC. of Kent, Washington for the purchase of Sodium Bisulfite at $2.845 per gallon. (Exhibit 2)
c. Brenntag Pacific, Inc. of Santa Fe Springs, California for the purchase of Sodium Hydroxide (25%) at $888.48 per dry ton and Sodium Hydroxide (50%) at $774 per dry ton. (Exhibit 3)
d. Univar Solutions USA, LLC. of Kent, Washington for the purchase of Sodium Hypochlorite at $3.29 per gallon. (Exhibit 4)

3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number:

1. This Agreement is entered into between the City of Stockton (“City”) and Univar Solutions USA LLC. (“Contractor”) to provide Sodium Bisulfite as set forth in Exhibit A to this Agreement.

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: July 1, 2025 Terminates on: June 30, 2026

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ 717,000

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms and Conditions
(d) Exhibit D – Goods and Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G – Discrimination and Harassment Policy (HR-15) (h) Exhibit H – Bid Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):

Authorized Signature Date
Printed Name and Title of Person Signing
Address

CITY OF STOCKTON
Steve Colangelo, Interim City Manager Date
ATTEST:

Katherine Roland CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:

Univar Solutions USA LLC
3/20/25
Shawnasey McCarthy, Municipal Commercial Manager
8201 S. 212th, Kent, WA 98032
EXHIBIT 2
706

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives.

The objective of this project is for the supply and delivery of Sodium Bisulfite as outlined in the bid specifications incorporated herein by reference from Exhibit H.

2. Project Scope.

The Contractor shall provide the goods and insurance as specified. The contractor shall supply Material Safety Data Sheets.

3. Notices.

Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Univar Solutions USA LLC. City: City of Stockton Attn: Jennifer M. Perras Attn: City Manager
8201 S 212th Street 425 N. El Dorado Street
Kent, WA 98032 Stockton, CA 95202

4. Option to Renew.

The term of the Agreement may be extended on a yearly-to-year basis by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed four (4) years. The price for any succeeding period of service shall be agreed upon by both parties.

EXHIBIT 2
707
Exhibit B:

Insurance Requirements
(Chemical Sodium Bisulfite)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.

4. Environmental Impairment/Contractors’ Pollution Legal Liability with limits no less than $2,000,000 per occurrence or claim, to include liability for Groundwater contamination, Explosion, Sudden and Accidental and Environmental cleanup, etc.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

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Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

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3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.

C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

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Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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EXHIBIT C

GENERAL TERMS AND CONDITIONS

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under EXHIBIT 2
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this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

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10. Subcontractor.

10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractor’s personnel.

11. Termination.

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11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

Contractor shall be solely responsible for reimbursing subcontractors.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

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18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.

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25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31.Entire Agreement, Integration, and Modification.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

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EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS
1 Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2 General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

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4 Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5 Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

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6 Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
7 Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure. 8 Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9 Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

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10 Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
11 Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities. 12 Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/publicworks/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
13 Shipping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement.

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.

City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section. 14 Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.
15 Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

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EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1 Project Price.

1.1 The maximum the Contractor shall be paid on this Agreement is $717,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

1.3 Annual cost adjustments may be made, as necessary, to increase or decrease the unit cost. The annual increase shall not exceed three percent (3%) for each succeeding year. Any increase requested must be submitted at least sixty (60) days before requested implementation date. In the event that the supplier finds it necessary to increase the base price in any given year, the supplier shall provide evidence satisfactory to the City documenting the reason(s) for and actual cost of the cost increase. Annual cost decreases are allowed with written notice to the City.

2. Item Price. Below is the price for the products as described in Exhibit A of this Agreement.

Item Description Item Price
1 Sodium Bisulfite (40%) $2.845/gallon

3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
Email: [email protected]
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EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A as follows:

Contractor shall confirm all orders received by email or phone within twenty-four (24) hours of the request.

Orders are to be delivered on the date requested for delivery or on the soonest available date if the date requested is unavailable. If no date is requested, the order will be delivered within seven (7) days.

Orders delivered through a subcontracted delivery service may not be canceled or rescheduled without prior notification to the City and may not be rescheduled more than once per order.

Contractor shall notify the City in advance of holiday closures that may affect order delivery.

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EXHIBIT G
DISCRIMINATION AND HARASSMENT POLICY (HR-15)
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BAY AREA CHEMICAL CONSORTIUM

REQUEST FOR BIDS
BID NO. 11-2025

FOR SUPPLY AND DELIVERY OF SODIUM BISULFITE
BID DUE DATE: 4:00 P.M. PT, Thursday, February 20, 2025 BID OPENING DATE: 4:00 P.M. PT, Thursday, February 20, 2025 Coordinating Agency:

Bay Area Clean Water Agencies
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TABLE OF CONTENTS
Page No.

Notice Inviting Sealed Bids 3
Section I – General

1. General Provisions 5

2. Instructions to Bidders 5

3. Special Instructions to Bidders 11

4. Terms and Conditions 16
Section II – Technical Specifications

1. Product Technical Specifications 20
Section III – Participating Agencies

1. Estimated Annual Quantities 24

2. Delivery Details 27

3. Contact List 31
Section IV – Bid Contract Documents

1. Standard Agreement 37

2. Non-Collusion Affidavit 39

3. Bid Form and Worksheet 40
2 EXHIBIT 2
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NOTICE INVITING SEALED BIDS

FOR SUPPLY AND DELIVERY OF SODIUM BISULFITE

BAY AREA CHEMICAL CONSORTIUM (BACC)
BID NO. 11-2025
The Bay Area Chemical Consortium (BACC), a cooperative group of public agencies, is seeking competitive sealed bids for the supply and delivery of SODIUM BISULFITE. All sealed bids to be considered for this solicitation must be received via our electronic bid platform https://bacwa.org/about-bacc/ by 4:00 P.M.

PT, Thursday, February 20, 2025. Bids received after said date and time will not be considered under any circumstances. Bids submitted by mail or by facsimile will not be accepted. BACC and its member agencies reserves the right to reject any and all bids and to waive informalities and immaterial irregularities or technical defects in the bids received.

For additional information or any questions concerning this bid, use the public Q&A Forum in our electronic bid system.

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SECTION I

BAY AREA CHEMICAL CONSORTIUM

GENERAL
FOR BID NO. 11-2025

SODIUM BISULFITE
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BAY AREA CHEMICAL CONSORTIUM

REQUEST FOR BIDS

FOR SUPPLY AND DELIVERY OF SODIUM BISULFITE
BID NO. 11-2025
Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/aboutbacc/ no later than 4:00 P.M. PT, Thursday February 20, 2025.

1. GENERAL PROVISIONS
The Bay Area Chemical Consortium (BACC) is a cooperative group of public agencies each individually established under the laws of the State of California. For this particular bid solicitation, the participating member agencies include those listed in Section III-1, Estimated Annual Quantities. These participating BACC agencies, acting collectively through their authorized agents, are seeking competitive sealed bids for the supply and delivery of SODIUM BISULFITE.

Sealed bids will only be received electronically via our electronic bid platform https://bacwa.org/aboutbacc/ no later than 4:00 P.M. PT, Thursday February 20, 2025. Bids received after said date and time will not be considered under any circumstances.

BACC and its member agencies reserves the right to reject any and all bids and to waive informalities and immaterial irregularities or technical defects in the bids received.

If you have any questions regarding this bid, please contact the BACC Coordinators via the electronic bid platform https://bacwa.org/about-bacc/ Q&A forum. Preliminary bid results will be available via our electronic bid platform shortly after the opening date and time.

2. INSTRUCTIONS TO BIDDERS
To receive consideration, bids must be made in accordance with the following instructions:

2.1 Bid Contract Documents
Bids must be submitted only using the forms provided in Section IV, Bid Contract Documentsthat includes the following: Bid Form, Standard Agreement, and Non-Collusion Affidavit, collectively, the bid contract documents. Bidder must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/about-bacc/. Do not submit the Worksheet. Bid prices submitted on Worksheet will NOT be accepted. All items in the bid contract documents must be filled out completely, signed and dated.

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of information not requested, a conditional bid, or irregularities of any kind. A complete bid submittal must include all of the following components of the bid contract documents:
• A completed and signed Bid Form, including all the attachments requested; • A fully executed Standard Agreement, including references and acknowledgement of receiving any and all addenda, with any deviations duly noted;
• A fully executed Non-collusion Affidavit.
• The information required by Section 2.21 as referenced in the Bid Form. • Name and address of any Third Party Hauler as required by Section 2.5 and the Bid Form, as well as the affidavit referenced in the Bid Form.

Bidder must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/about-bacc/ (Line Items section).

2.2 Estimated Quantity
The quantities indicated are estimates of anticipated usage for a 12-month period and are given for informational purposes only. Nothing in these estimated annual quantities must be construed as obligating any participating BACC agency to purchase specific quantities, as these quantities may vary depending on actual operating conditions and demands during the contract term. All participating BACC agencies reserve the right to purchase any volume of the chemical listed, at the contract price, regardless of stated estimates of quantities. No price adjustments will be allowed as a result of an increase or a decrease in the quantity purchased. For this particular bid solicitation, the estimated annual chemical quantity of each participating member agencies is listed in Section III-1, Estimated Annual Quantities.

2.3 Delivery Locations
The participating BACC agencies are grouped according to their location by relative geographic region.

The bidder must quote uniform bid prices for deliveries made to each of the distinct geographic regions.

For this particular bid solicitation, the distinct geographic regions for each agency are defined in Section III-1, Estimated Annual Quantities, as well as in Section III-2, Delivery Details.

2.4 Bid Pricing
All bids submitted must include a base unit price, FOB destination, for the chemical for each geographic region per paragraph 2.3 Delivery Locations. Bidders shall provide bid prices via the electronic bid platform https://bacwa.org/about-bacc/ including all costs associated with providing and delivering the chemical to the agency’s facility, including materials, labor, equipment, transportation, insurance, overhead, profit, and all applicable taxes except sales tax in effect at the time of delivery. Bids qualified by additional or conditional charges such CPI, escalators, fuel surcharges, or transportation charges between the supplier and the final delivery points will not be allowed.

BACC agencies that use a chemical for treating water for resale may be exempt from paying sales tax, and it will be the responsibility of each BACC agency to notify the successful bidder if some or all of their purchases will be exempt from sales tax per paragraph 3.6 Taxes.

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Bid prices must be based on bulk deliveries amount as specified via the electronic bid platform https://bacwa.org/about-bacc/. Bids that do not include unit prices for bulk deliveries to each geographic region specified on the electronic bid platform will be considered irregular and, at the option of BACC and the participating BACC agencies, may be eliminated from further consideration. For bulk deliveries of less than this specified amount, the bidder may, at their option, assess additional charges for “short loads” unless specific requirements for smaller deliveries are described in paragraph 3.7 Delivery Requirements.

Any additional “short load” charges must be shown by the bidder as a specific deviation on the bid contract documents. Bidders and/or third party haulers will not be allowed to refuse to make “short load” deliveries.

Any optional item will be shown as a separate line item in the electronic bid platform https://bacwa.org/about-bacc/ and bidders may, at their option, submit unit prices for the optional item.

Bids that do not include unit prices for optional item will not be considered irregular and therefore such bids will not be rejected for that reason.

If participating BACC agencies require non-bulk deliveries in containers such as buckets, barrels, or totes, it will be shown as a separate line item in the electronic bid platform https://bacwa.org/about-bacc/ .

Bidders may, at their option, submit unit prices for deliveries in buckets, barrels, or totes. Bids that do not include unit prices for buckets, barrels, or totes will not be considered irregular and therefore such bids will not be rejected for that reason. If none of the participating BACC agencies require non-bulk deliveries in containers such as buckets, barrels, or totes, the electronic bid platform https://bacwa.org/about-bacc/ will not include spaces to enter bid prices for such non-bulk deliveries in containers such as buckets, barrels, or totes, however, if a participating BACC agency later decides that they need deliveries in containers, bidders may, at their option, negotiate with the BACC agency to determine a price for deliveries in containers such as buckets, barrels, or totes.

2.5 Bidder Qualifications
A qualified bidder is one determined by BACC and the participating BACC agencies to meet standards of business competence, reputation, financial ability, and product quality. A responsive bidder is a firm/person who has submitted a bid that conforms in all material respects to the terms and conditions, the specifications of the chemical, and any other requirement of the bid instructions. A responsible bidder is a firm/person who has the capability in all aspects to perform full contract requirements, and who has the integrity and reliability that will assure good faith and specific performance. Bidders that intend to utilize a third-party hauling company for completing some or all of their deliveries must indicate the name and contact information of the third-party hauling company on the Bid Form. Before submitting a bid, the bidder must carefully examine and read all parts of the bid contract documents and be fully informed as to all existing conditions and limitations. It should be noted that, upon selection and approval of the successful bidder, the entire contents of the bid contract documents will become part of the full contract between the participating BACC agency and successful bidder (see paragraph 3.5 Purchase Orders / Contracts).

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2.6 Authorized Signatory of Bid Contract Documents
The person signing the submitted bid must be fully authorized to represent and legally bind the bidding company to the terms and conditions described herein. A corporate officer must sign bids by corporations in the corporate name. The State of incorporation must be written in below the corporate name. Bids by partnerships must be signed in the partnership’s name and signed by a partner with his/her title shown.

2.7 References
The bidder must submit with the bid a list of a minimum of three references that have purchased similar chemicals and services from the bidder. The bidder must provide the company or agency name, contact name, and telephone number for each reference. Whenever possible, bidders should provide references for customers from the same geographic regions as the participating BACC agencies. Bidders may provide references from BACC agencies. These references must be shown on the Standard Agreement contained herein.

2.8 Bid Submittal
Electronic bids will only be received via the electronic bid platform https://bacwa.org/about-bacc/ by no later than 4:00 P.M. PT, Thursday, February 20, 2025. Electronic bids shall contain all required attachments and information. Bidders must submit bids price per unit of measure as specified via the electronic bid platform https://bacwa.org/about-bacc/ (Line Item section). Bidders are cautioned that failure to comply may result in non-acceptance of the bid. Bids received after said date and time will not be considered under any circumstances. BACC will not be responsible for any delays or transmission errors. Bidder accepts all risks of late delivery of electronic bids. It is the bidder’s responsibility to ensure that bid submitted is received by the electronic bid platform https://bacwa.org/about-bacc/ prior to scheduled bid opening. Any attachment will remain sealed and will not be opened until the appointed bid opening date and time. Bidders not receiving confirmation receipt should contact the electronic bid platform vendor https://bacwa.org/about-bacc/ to make sure that their electronic submittal has gone through.

2.9 Modification, Addenda, and Interpretations
Any explanation desired by the bidders regarding the meaning or interpretation of this particular bid solicitation including the bid contract documents must be requested via the electronic bid platform Q&A Forum at least five (5) business days prior to the time set for the bid opening. Any and all such interpretations or modifications must be in the form of a written request to the BACC Coordinator via the electronic bid platform Q&A Forum. All changes to this particular bid solicitation document including the bid contract documents initiated by the BACC Coordinator will be through written addenda and furnished to all bidders via the electronic bid platform. Addendum will be issued no later than 72 hours before bid opening. Any written addendum issued 72 hours before the date and time of the bid opening will become a part of the bid contract documents and must be acknowledged on the Standard Agreement form that each bidder submits. Failure to acknowledge any and all the addendum(s) on the Standard Agreement form may be cause for rejection of the bid.

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2.10 Modification of Bids
A bidder may modify their bid via the electronic bid platform prior to the date and time of the bid opening.

Modifications of any bid prices, terms and conditions must be electronically submitted via the electronic bid platform prior to the time of the bid opening. It shall be the responsibility of the respective bidder to determine if their written modification was received in time by electronic bid platform. BACC reserves the right to accept or reject any proposed modifications of the bid terms and conditions.

2.11 Withdrawal of Bids
Any bid may be withdrawn any time prior to the stated bid opening date and time (closing time) only via the electronic bid platform. The withdrawal request must be executed by the bidder or a duly authorized representative. The withdrawal of the bid does not prejudice the right of the bidder to file a new bid prior to the bid closing time. No bids may be withdrawn after the bid opening date and time.

2.12 Proposed Deviations from the Specifications by the Bidder Any deviation from the specifications described herein or in a written addendum that is proposed by a bidder must be noted in detail on the Standard Agreement form, and a copy of the proposed specification must be attached to the Standard Agreement form at the time of submission. The absence of a proposed change in the specifications will hold the bidder strictly accountable to the specifications as described herein. If proposed deviations from the specifications are submitted, the bidder’s name should be clearly shown on each document. Each BACC agency will be responsible for individually accepting or rejecting any proposed deviations from the described specifications.

2.13 Competency of Bidders
Before any contract is awarded, the bidder may be required to furnish a complete statement of financial ability and experience in performing the proposed services. In accordance with the provisions of the California Business and Professions Code and other regulations, the bidder must have and maintain current any and all necessary licenses or certificates.

2.14 Rejection of Bids
The BACC and/or its individual agencies reserves the right to reject any and all bids and reserves the right to waive a bid deficiency or reject a bid for any reason, including but not limited to the following:
informalities, nonconforming, non-responsive or conditional bids, bids showing any alterations of form or erasures or irregularities of any kind, additional information not requested, incomplete bids, or bids not conforming with the instructions in any way. Bidders that plan to utilize a third-party hauling company that refused to deliver to one or more of the participating agencies in the past three (3) years will be rejected as non-responsive.

2.15 Opening Bids
A preliminary bid results showing apparent lowest bid will be available on the electronic bid platform shortly after the bid opening date / time.

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2.16 Method of Award
Bids may be awarded to the lowest responsive and responsible bidder meeting the specifications for bulk loads for the chemical. The lowest responsive bidder will be determined by multiplying the estimated annual quantity for each participating BACC agency by the bid price for their region and adding up the aggregate cost to all of the participating agencies in the regions. The single bid that results in the lowest overall cost to the participating agencies as a group will be determined by BACC to be the low bid, assuming the bid is determined by BACC to be complete and in compliance with the bid requirements.

BACC has the right to delete terms or options from the bid contract documents and reserves the right to reject any and all bids and to waive irregularities in said bids. The following is a non-exhaustive list of criteria that BACC may, in its sole discretion, consider in award of the bid:
a. Unit cost of the chemical
b. Product specifications
c. Warranties or standards of quality
d. Capabilities to deliver product throughout the contract term e. Bidder’s reputation, competency, and previous customer service record f. Third party hauling company’s reputation, competency, and previous customer service record (if applicable)
g. Fully executed non-collusion affidavit

2.17 Disqualification of Duplicate or Collusive Bidders More than one bid proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the bid contemplated will cause rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, any and all bids may be rejected. Bidders must execute and submit with their bid the Non-Collusion Affidavit included in the bid document.

2.18 Identical Bids
In the case of tied or identical bids corresponding to the proposed unit costs, BACC reserves the right to award the bid based on additional criteria. If a tied bid is not rejected for any reason as described in paragraph 2.16 Method of Award, then any additional costs described in the “Specific Deviations” such as short load adders, will be used to determine the lowest responsive bidder. If considering additional costs as described in the “Specific Deviations” still doesn’t produce a winning bidder (i.e. if the tied bidders quote identical short load adder prices), then any exceptions or conditions described in the “Specific Deviations” will be considered in an effort to determine the lowest responsive bidder. If the latter still fails to produce a winning bidder, then BACC will draw lots by placing the names of the tied bidders in a hat and drawing a name. If drawing lots is deemed necessary, BACC will schedule a time to draw lots and the tied bidders will be invited to attend and witness the drawing.

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2.19 Material Warranty
Before the bid is awarded and, if applicable, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all chemicals to be supplied, together with samples.

The samples may be subjected to tests to determine their quality and fitness for the intended uses.

2.20 Bid Summary
Bid proposals will be summarized and reviewed with the BACC agencies following the bid opening. Bid summaries or tabulations will also be provided to the responsive bidders within ten (10) business days following the bid opening. After a careful review of the bids by each of the participating BACC agencies, bids may be awarded based on the criteria outlined in paragraph 2.16 Method of Award.

2.21 Manufacturer’s Information
Bidders must submit with their bid contract documents the following:
a. In accordance with Section 64590, Title 22 of the California Code of Regulations (CCR), no chemical or product shall be added to drinking water by a water supplier unless the chemical or product is certified as meeting the specifications of NSF International/American National Standard Institute (NSF/ANSI) 60-2005 (Drinking Water Treatment Chemicals—Health Effects). Certification shall be from an ANSI accredited product certification organization whose certification system includes the criteria for ensuring the chemical or product meets NSF/ANSI Standard 60 per Section 64590 of the CCR. Bidders must submit an affidavit of compliance from the ANSI accredited product certification organization. Bidders must include a statement by the chemical manufacturer, signed by an authorized representative on letterhead stationery, attesting to the affidavit’s validity. In lieu of submitting an affidavit of compliance and a letter attesting to the affidavit’s validity, a current printout from the ANSI accredited product certification organization is acceptable.
b. A representative analysis of the chemical to be supplied, as prepared by a reputable outside laboratory or bidder’s in-house laboratory if ISO certified. c. Name and address of the chemical manufacturer.
d. Product Bulletin and Typical Properties.
e. Safety Data Sheet (SDS).

3. SPECIAL INSTRUCTIONS TO BIDDERS

3.1 Chemical Requirements
The chemical to be provided under the terms and conditions of this bid must meet the bid specifications described in the pages that follow.

3.2 Safety Requirements
The bidder, their employees, subcontractors, and/or agents must conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety, and they must adhere to all State, Federal and Occupational Safety and Health Act (OSHA) safety standards, including compliance with any applicable State or local health order related to COVID-19 while they are on the premises of any BACC EXHIBIT 2
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agency. Furnished equipment, materials, and/or services must comply with all OSHA standards and regulations, and all applicable governmental laws and orders. The BACC agencies reserve the right to individually refuse any shipment, at their sole discretion, which cannot be unloaded using safe and proper techniques. Any such refusal must result in the return of the chemical at the successful bidder’s sole expense. If requested by a participating BACC agency, the successful bidder and/or the firm providing transportation of the chemical shall submit to a safety briefing at the BACC agency’s site before commencing deliveries to the respective BACC agency. The successful bidder and/or the firm providing transportation of the chemical are required to comply with the site specific safety requirements of each participating BACC agency. Bidders should be aware that some BACC agencies do not allow smoking on site. Site safety requirements will be available for review during the bid period upon request to the BACC Coordinator. In addition, if requested by a participating BACC agency, the successful bidder and/or the firm providing transportation of the chemical may be asked to review site safety materials and provide a signed acknowledgement of their receipt of the site safety materials.

3.3 Spillage
The successful bidder must be prepared to provide safety training on the safe handling and use of the chemical and emergency procedures in the event of a leak or spill. Should a chemical spill or leak result due to negligence, faulty equipment, or inferior packaging on the part of the bidder or their agents, the bidder and their agents must be responsible for cleaning the spill or leakage and for bearing any cost incurred due to spill or leakage clean-up. It must be the successful bidder’s responsibility to effect immediate containment, clean-up, disposal, and restoration activities in accordance with the individual facility’s requirements and any and all applicable laws and regulations. All material associated with such clean-up operations must be hauled away and lawfully disposed of at no charge to the agency where the delivery is being made. The property of the agency where the delivery is being made must not be used for such disposal. If the spill is NOT cleaned up, the agency will hire a certified hazardous material handling company to clean up the spill, and the costs incurred, including any fines or penalties which may be imposed by regulating authorities, will be charged to the bidder or deducted from amounts owed.

Chemicals must stay in the possession of the bidder and must not be unloaded until accepted by the participating BACC agency. All chemicals must be delivered in accordance with Department of Transportation regulations.

3.4 Chemical Orders
All orders placed throughout the contract period, as defined in paragraph 4.11 Term of Contract, will be initiated separately by each participating BACC agency, and each BACC agency will be responsible for the coordination of all aspects of those orders with the successful bidder. Inquiries in reference to individual orders during the contract period must be directed to the appropriate BACC agency.

3.5 Purchase Orders / Contracts
Individual purchase orders, purchase agreements, and / or contracts will be issued to the successful bidder by each participating BACC agency, and all chemical sales must be invoiced separately to the respective BACC agency. Each BACC agency may require additional contract requirements specific to the agency which are not included in this bid document and bidders need to contact the agencies for specific details EXHIBIT 2
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and perform due diligence prior to submitting a bid. The contracted unit cost of the chemical is the awarded bid price. The successful bidder may seek a price increase for any nontrivial change requested by the participating BACC agency in the terms and conditions of the participating BACC agency’s purchase order, purchase agreements, and / or contracts. The successful bidder may not change the price throughout the term of the contract unless by mutual written agreement between BACC agency and successful bidder per Section 4.4 Modification of Contract.

3.6 Taxes
Pursuant to the Sales and Use Tax Law, water treatment facilities are entitled to submit Resale Certificates to the California State Board of Equalization which exempt that utility from paying sales tax on any chemical purchased for the expressed use of producing a consumable water product. The participating BACC agencies that provide potable and/or recycled water to customers will be responsible for providing the successful bidder with these certificates or letter documenting their determination if the chemical they seek to purchase is exempt from sales tax. BACC agencies that do not notify the successful bidder that their agency is exempt from paying sales tax shall be invoiced with sales tax shown as a separate, itemized cost on the invoice. Chemicals purchased solely for the use in wastewater treatment and disposal facilities are subject to sales tax.

3.7 Delivery Requirements
Bidders are responsible for reviewing each of the listed delivery locations or geographic regions for each participating BACC agency and ensuring that their product can be delivered to each location prior to submitting a bid. Bidders that intend to utilize the services of a third party hauling company for some or all of their deliveries are responsible for ensuring that the hauler they have selected can and will deliver their product to each location listed in Section III-2, Delivery Details, and for submitting an affidavit pertaining to assurance with their bid. Failure to provide this assurance and submit an affidavit may be cause for rejecting their bid. Delivery bills of lading must be provided for each shipment. All bulk shipments must include a weight ticket from a certified weigh station in addition to a shipping manifest. Delivery times and dates must be coordinated between the successful bidder and each participating BACC agency on a schedule that meets the needs of the BACC agency, but at no time can a delivery occur more than seven (7) days after the order is placed unless the respective BACC agency requests a later delivery. No delivery can be made when a BACC agency representative is not on site. The successful bidder must notify the BACC agency of any anticipated late deliveries at least 24 hours in advance of the scheduled delivery time and date, unless delivery delays are the result of in-route transportation delays, then notification must be provided as soon as possible to inform the BACC agency of the anticipated delivery date and time.

Persistently late or cancelled deliveries (defined as three or more over the contract period) may be used as a basis for contract termination. Failure to provide notice of late delivery as required by this section may also be a basis for contract termination. Any deliveries not meeting chemical quality, regulatory, safety, or delivery requirements will be returned to the successful bidder at no cost to the BACC agency, and must be re-delivered by the bidder within 48 hours of the unacceptable delivery.

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3.8 Force Majeure
Any bidder that anticipates a workforce interruption, including due to COVID-19 restrictions, or a production shutdown that could affect delivery of the chemical must fax or e-mail notifications to all participating BACC agencies to notify them of the potential interruption in deliveries. A telephone call must also be made to each BACC agency as a follow-up notification.

3.9 Emergency Supply Plan Description
BACC requests that bidders provide a summary of plans addressing their ability to be able to continue to supply product in the event of an unexpected disaster or urgent emergency event.

3.10 Safety Data Sheet (SDS)
Bidders must submit a Safety Data Sheet (SDS) for the product offered with the bid. The successful bidder must provide a new SDS for the chemical with the first delivery or if the SDS is modified during the contract term.

3.11 Payments
Payments for all chemicals will be made individually by each participating BACC agency thirty (30) days after receipt of a complete and accurate invoice. BACC itself does not have any legal authority to conduct business and therefore cannot be held responsible for the financial arrangements made between each individual BACC agency and the successful bidder. Cash discounts for early remittance of payment must be stated on the invoice, if applicable. The bidder is responsible for submitting accurate invoices to each BACC agency. The BACC agencies are not responsible for late payments resulting from the submission of inaccurate invoices. If bidder continues to submit inaccurate invoices after being put on notice by the BACC agency, the contract between the bidder and the BACC agency may be terminated.

3.12 Legislative Impacts
In the event the legislative body of any BACC agency fails to appropriate funds for the purchase of the chemical, the respective BACC agency may terminate such contract without penalty and thereupon be released of further obligation.

3.13 Subcontracting
No portion of the bid award may be subcontracted to another chemical manufacturer or supplier without the prior written approval of all of the participating BACC agencies.

3.14 Laws and Regulations
All applicable State of California and Federal laws, City, County, and Special District ordinances, licenses, and regulations of all participating BACC agencies having jurisdiction must apply during the contract period, including any applicable State or local health order related to COVID-19.

3.15 Insurance
For services requiring the supplier’s or their subcontractor’s presence on any BACC agency property, the successful bidder must acquire and maintain at their expense for the duration of the term of the contract EXHIBIT 2
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the following insurance policies: Workers’ Compensation, Employer’s Liability, Commercial General Liability, Business Vehicle and Automobile Liability, and Contractor’s Pollution Liability Insurance coverage from insurers either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than A.M. Best’s rating of no less than A:VII, or (ii) authorized by the BACC agency’s risk manager(s) or his/her designee at any time in his/her sole discretion, all relating to the supplier’s services to be performed hereunder covering the BACC agency’s risks. The minimum amounts of coverage, and the breadth of coverage, corresponding to the aforesaid categories of insurance per insurable event, must be as follows, however, the insurance limits available to each participating BACC agency, their officers, officials, employees, agents and volunteers as additional insured parties, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

INSURANCE CATEGORY MINIMUM LIMITS
Workers’ Compensation Insurance California Statutory Minimum Employer’s Liability Insurance $2,000,000 per accident, and $1,000,000 per employee for bodily injury or disease.

Commercial General Liability Insurance $5,000,000 per occurrence for bodily injury, personal injury, and property damage.

Business Vehicle and Automobile Liability
Insurance
$2,000,000 per accident for bodily injury and
property damage.

Contractor’s Pollution Liability $1,000,000 per occurrence, $2,000,000 policy aggregate.

Prior to commencement of any performance under the contract, the successful bidder must furnish to each participating BACC agency an original Certificate of Insurance, and copies of information or declaration pages for the insurance required with respect to evidence of all policies of insurance required as noted above. All policies of insurance must be endorsed to name the respective BACC agency, their officials, officers, employees, agents, and volunteers as additional insured parties. For any claims related to the contract, bidder’s insurance coverage shall be primary insurance with respect to each participating BACC agency, their officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by any BACC agency party, their officials, officers, employees, agents and volunteers shall be excess of the bidder’s insurance and shall not contribute with it. The successful bidder will be responsible for contacting each participating BACC agency to ascertain the proper name or names of the agency specific entities to be included in the endorsements.

The successful bidder must also provide each participating BACC agency with a MSC-90 endorsement, required for transporters of hazardous materials and/or wastes.

The successful bidder hereby agrees to waive subrogation which any insurer of the bidder may acquire from vendor by virtue of the payment of any loss. Bidder agrees to obtain and provide to each BACC agency any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ EXHIBIT 2
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Compensation policy shall be endorsed with a waiver of subrogation in favor of each participating BACC agency for all work performed by the bidder, its employees, agents and subcontractors.

The successful bidder must maintain the required insurance at all times while the contract is in effect, and must replace any certificate, policy or endorsement which will expire prior to that date. All policies of insurance must be endorsed to provide the required insurance and must not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days prior written notice to each participating BACC agency. The Certificate of Insurance must have a cancellation statement worded as follows: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing company must mail thirty calendar (30) written notice to the Certificate holder named to the left.”

4. TERMS AND CONDITIONS

4.1 Indemnification
To the fullest extent allowed by law, the successful bidder and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless each participating BACC agency, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of the successful bidder's or its personnel, employees, agents, or subcontractors’ willful misconduct or negligent act or omission while engaged in the performance of services described in this bid document, except those matters arising from the participating BACC agency's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.

This indemnification includes, without limitation, the payment of all penalties, fines, forfeitures, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and the reimbursement of any BACC agency, its officials, officers, employees, agents, and volunteers for all legal expenses and costs incurred by each of them.

The successful bidder’s responsibility for such defense and indemnity obligations shall survive the termination or completion of the contract for the full period of time allowed by law. The defense and indemnity obligations of the contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in the contract.

If the successful bidder should subcontract all or any portion of the work to be performed under the contract, the successful bidder shall require each subcontractor to indemnify, hold harmless and defend each participating BACC agency and each of its officials, officers, employees, agents and volunteers in accordance with the terms of the preceding paragraphs.

4.2 Bid Protests
Any bid protest must be submitted electronically via email to the BACC Coordinator before 3:30 p.m. on the fifth (5th) business day following bid opening ([email protected]).

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a. The protest document must be provided as one PDF and must contain a complete statement of the basis for the protest and all supporting documentation and evidence. b. The party filing the protest must have actually submitted a bid for the chemical. A subcontractor of a party submitting a bid for the chemical may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. c. The protest must refer to the specific portion of the bid document which forms the basis for the protest.
d. The protest must include the name, address and telephone number of the person representing the protesting party.
e. The party filing the protest must concurrently transmit a copy of the protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
f. BACC will give the bidder that is the subject of the protest five (5) business days after the receipt of the protest to submit a written response. The responding bidder shall submit the response to the protesting bidder concurrent with delivery to BACC. g. The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. All protests and responses received after the time set forth herein will be rejected. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest. h. BACC will not be responsible for any delays or transmission errors. The protesting bidder accepts all risk of late delivery of electronic protests. If is the protesting bidder’s responsibility to ensure that a submittal protest is received by the bid coordinator listed in this solicitation by the due date and time. Protesting bidders should contact the bid coordinator to make sure that their electronic submittal has gone through.
i. If BACC determines that a protest is frivolous, the protesting bidder may be determined to be non-responsible and that bidder may be determined to be ineligible for future contract awards.

4.3 Equal Opportunity
The successful bidder must agree not to refuse the hire, discharge, promote, or to otherwise discriminate in the matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It must be a condition that any company firm or corporation supplying goods or services, must be in compliance with the Americans with Disabilities (ADA) Act of 1990. A certificate stating compliance with the ADA may be required, upon request, by any BACC agency.

4.4 Modification of Contract
This bid solicitation document including the bid contract documents, in conjunction with each BACC agency’s purchase order, purchase agreement and / or contract, will constitute the entire contract between each BACC agency and the successful bidder. The contract may not be modified, altered, or EXHIBIT 2
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amended except by the mutual written agreement of the respective BACC agency and the successful bidder.

4.5 Common Language
Unless otherwise specified in this document, all words must be given their plain, common and ordinary meaning unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.

4.6 Proprietary Information
All information included in any bid proposal that is of a propriety nature must be clearly marked as such.

Each BACC agency must be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the Bidder.

4.7 Patent Guarantee
The bidder must, with respect to any bidder’s standard products, indemnify, defend and hold harmless each participating BACC agency, its employees and agents, from any and all costs and damages because of claims or litigation on account of infringement or alleged infringement of any letters patent or patent rights by reason of the sale or normal use of such products, provided that the bidder is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense of the participating BACC agencies.

4.8 Quality Control
The bidder’s chemical may be inspected and/or sampled before, during, or after any delivery and tested to confirm compliance with all of the specifications. Persistent clogging, deliveries containing significant amounts of debris, and/or chemical not meeting the technical specifications will be considered to be deficiencies. If deficiencies are detected, the chemical will be rejected and the bidder will be required to remove and replace any and all of the chemical and clean the associated tanks and piping that are contaminated by a delivery that is determined to be deficient, at no cost to the participating BACC agency.

If the bidder fails to remove and replace the deficient chemical in a timely manner after being notified of the problem by the participating agency, the participating agency may remove and dispose of the contaminated chemical and clean the chemical storage tank or tanks and the associated piping all at the bidder’s expense. Payment for the delivered chemical will not be made until the defects are corrected and the chemical is properly replaced and accepted. Repeat failures to comply with the specifications must constitute grounds for termination of the contract.

4.9 Term of Contract
The term of the contract between the respective BACC agency and the successful bidder will be twelve (12) months commencing July 1, 2025, and expiring June 30, 2026, with an option to extend the contract on a year-to-year basis, not to exceed three (3) yearly renewals if conditions and service are satisfactory to both the respective BACC agency and the successful bidder. The price for any succeeding periods of EXHIBIT 2
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service shall be determined by negotiation between the respective BACC agency and the successful bidder.

4.10 Good Faith Bidding and Contracting
The participating BACC agencies listed on this bid solicitation are bidding in good faith and have agreed not to extend an existing bid in lieu of contracting with the lowest responsive bidder. However, nothing in this bid solicitation shall prevent a BACC agency from rejecting all bids and separately procuring the services they require, if deemed in the best interest of their respective agency.

4.11 Termination of Contract
Any BACC agency may terminate their contract with the successful bidder for any reason by providing the successful bidder written notice of termination, and specifying the effective date thereof, at least thirty (30) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.12 Termination for Cause
In the event of a breach of any term or provision of the contract by the successful bidder, a BACC agency may terminate the contract with respect to supply of chemicals for that agency by providing the successful bidder with written notice of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date. Termination of the contract by one BACC agency does not affect the contractual relationship between the successful bidder and any other BACC agency.

4.13 Effect of Termination
Any termination by a BACC agency, with or without cause, must not affect the validity of the contract between the successful bidder and any other BACC agency, nor must such action affect any rights, remedies, or obligations of the successful bidder or any other BACC agency.

4.14 Assignment
The successful bidder must under no circumstances assign the contract without the prior written consent of each participating BACC agency. Any assignment, or attempt at assignment, made without such consent of each participating BACC agency may be considered a breach of contract.

4.15 Competitiveness and Integrity
The participating BACC agencies have assigned control of the acquisition process to the BACC coordinating agency identified in the Notice Inviting Sealed Bids of this document, to prevent biased evaluations and to preserve the competitiveness and integrity of such acquisition efforts. Bidders are to direct all communications regarding this bid to the designated BACC Coordinator, unless otherwise specifically noted, or unless approved in writing by the BACC Coordinator. Attempts by bidders to circumvent this requirement will be viewed negatively and may result in rejection of the offending bidder’s offer. The BACC Coordinator may refer communications to other participating BACC agencies for clarification. -END OF SECTIONEXHIBIT 2
759

SECTION II

BAY AREA CHEMICAL CONSORTIUM

PRODUCT TECHNICAL SPECIFICATIONS
FOR BID NO. 11-2025

SODIUM BISULFITE
EXHIBIT 2
760

PRODUCT TECHNICAL SPECIFICATIONS
SODIUM BISULFITE - 25%

1. General
Chemical Name: Sodium Bisulfite Solution
Chemical Formula: NaHS0₃
Concentration: 25% nominal
Specific Gravity: 1.23
Unit Weight: 10.3 pounds per gallon

2. General Impurities
The sodium bisulfite supplied under this specification shall contain no soluble mater or organic substances in quantities capable of producing deleterious or injurious effects on Water Reclamation Facility discharge that has been treated properly with the sodium bisulfite. The sodium bisulfite shall not contain any foreign matter that may damage the Agency’s equipment of facility.

3. Characteristics
Sodium Bisulfite CAS Number 7631-90-5 between 23.6% and 27.7% solution strength as Sodium Bisulfite by weight shall be commercial grade, completely soluble in water and shall be suitable for use as a dechlorination reagent in wastewater treatment.

4. Chemical and Physical Nature

SPECIFICATION TYPICAL MINIMUM MAXIMUM
NaHS0₃ 25% 23.6% 27.7%
SO2 Equivalent -- 15.4% 16.6%
Na₂SO₃ -- 1.7% 2.5%
Na₂SO₄ -- 2.5% 3.8%
Fe 4 to 5 ppm -- --
pH 5.0 3.5 5.5
Specific Gravity 1.23 1.1 1.4
Color: Clear, Yellow Liquid
Appearance: SO₂ Smell, Sediment Free
EXHIBIT 2
761

PRODUCT TECHNICAL SPECIFICATIONS
SODIUM BISULFITE - 40%

1. General
Chemical Name: Sodium Bisulfite Solution
Chemical Formula: NaHS0₃
Concentration: 40% nominal
Specific Gravity: 1.33
Unit Weight: 11.08 pounds per gallon @ 25⁰C

3. Characteristics
The sodium bisulfite shall contain 38% to 40% sodium bisulfite by weight and shall be commercial grade, completely soluble in water.

4. Chemical and Physical Nature

SPECIFICATION TYPICAL LIMIT
NaHS0₃ (g/100 g) 39.0 38.0 -40.0
SO₂ (g/100g) 24.0 Min. 23.1
Na₂SO₃ (g/100g) Max. 0.7
Na₂SO₄ Max. 1.5
Fe (ppm) Max. 3
pH 3.5 4.5
Specific Gravity 1.33
Color: Clear, Yellow Liquid
Appearance: SO₂ Smell, Sediment Free
EXHIBIT 2
762
SECTION III – 1

BAY AREA CHEMICAL CONSORTIUM

ESTIMATED ANNUAL QUANTITIES
FOR BID NO. 11-2025

SODIUM BISULFITE
EXHIBIT 2
763

BAY AREA CHEMICAL CONSORTIUM
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 11‐2025
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2025/2026
Sodium Bisulfite 25% Solution gal 10,000 1,863,200
Central Valley
City of Turlock gal 0 130,000
0 130,000
East Bay
East Bay Dischargers Authority gal 0 30,000
Oro Loma Sanitary District gal 0 1,800
Union Sanitary District gal 0 5,000
0 36,800
Marin Sonoma
Central Marin Sanitation Agency 120,000 gal 0
Las Gallinas Valley Sanitary District 56,000 gal 0
Napa Sanitation District 85,000 gal 0
Sanitary District No. 5 of Marin County 80,000 gal 0
Sausalito Marin City Sanitary District 31,000 gal 0
0 372,000
North Bay
City of Antioch gal 10,000 0
City of Pinole (Pinole/Hercules WPCP) 90,000 gal 0
Delta Diablo Sanitation District gal 0 185,000
Rodeo Sanitary District gal 0 30,000
10,000 305,000
Peninsula
City of South San Francisco gal 0 165,000
City of Daly City/North San Mateo County Sanitation gal 0 80,000 City of San Mateo gal 0 180,000
Sewer Authority Mid‐Coastside gal 0 36,000
0 461,000
Sacramento
City of Sacramento gal 0 38,400
0 38,400
EXHIBIT 2
764
Unit of
Measure
Estimated Annual Qty for
Treatment Applications:

Water Wastewater
BID NO. 11‐2025
ESTIMATED ANNUAL QUANTITIES FOR FISCAL YEAR 2025/2026
South Bay
City of Sunnyvale gal 0 120,000
San Jose ‐ Santa Clara Regional Wastewater Facility gal 0 400,000 0 520,000
Sodium Bisulfite 40% Solution gal 9,500 264,000
Central Valley
City of Stockton gal 9,500 220,000
9,500 220,000
East Bay
City of San Leandro gal 0 4,000
0 4,000
Sacramento
City of Yuba City gal 0 40,000
0 40,000
EXHIBIT 2
765
SECTION III – 2

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
FOR BID NO. 11-2025

SODIUM BISULFITE
EXHIBIT 2
766

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 11‐2025

SODIUM BISULFITE
The frequency of deliveries and typical delivery size are estimates of anticipated usage for a 12‐month period and are given for informational purposes only and are not used in any calculations to determine the lowest overall bid (Section I, Paragraph 2.16 Method of Award).

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size

CENTRAL VALLEY
City of Stockton
Delta Water Supply Plant 11373 N. Lower
Sacramento Road
Lodi 1x per month 230 gal
Stockton Regional Wastewater
Control Facility (Tertiary Plant)
3307 W. Highway 4
(John Turk Road)
Stockton 2‐4x per month 4,000 gallons
City of Turlock
Turlock Regional Water Quality
Control Facility
901 S. Walnut Rd Turlock 2‐3x per month 5,000 gallons

EAST BAY
City of San Leandro
City of San Leandro Water
Pollution Control Plant
3000 Davist St San Leandro 1x per month 800‐1000 gallons East Bay Dischargers Authority
14150 Monarch Bay
Drive
San Leandro 1x every 2 month 5,000 gallons
Oro Loma Sanitary District
Oro Loma Sanitary District 2600 Grant Ave San Lorenzo Annual 1800 gallons Union Sanitary District
Union Sanitary District 5072 Benson Road Union City 1‐2x a year 5,000 gallons

MARIN SONOMA NAPA
Central Marin Sanitation Agency
Central Marin Sanitation Agency 1301 Andersen Drive San Rafael 1x every 2 weeks; 3‐4x per week in wet weather
5,000 gallons
Las Gallinas Valley Sanitary District
Las Gallinas Valley Sanitary District
Wastewater Treatment Plant
300 Smith Ranch
Road
San Rafael 2x per month Nov‐May 3500 gallons
Napa Sanitation District
Napa Sanitation District 1515 Soscol Ferry
Road
Napa 1x per week from
November to April
5,000 gallons
Sanitary District No. 5 of Marin County
2001 Paradise Drive Tiburon 1x per month 4,500 gallons
Sausalito Marin City Sanitary District
SMCSD
Treatment Plant
1 East Road Sausalito 1x every 90 days 4,500 gallons, Tanker truck, Receiving hours
6am‐1pm M‐Th
EXHIBIT 2
767

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 11‐2025

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size

NORTH BAY
City of Antioch
City of Antioch Water Treatment
Plant
401 Putnam Street Anitoch weekly 250 gallons
City of Pinole (Pinole/Hercules WPCP)
City of Pinole 11 Tennent Avenue Pinole Every 2 weeks 4000 gallons Delta Diablo Sanitation District
Delta Diablo 2500 Pittsburg‐
Antioch Hwy
Antioch 1 per week 4,500 gallons
Rodeo Sanitary District
Rodeo Sanitary District 800 San Pablo
Avenue
Rodeo 1x month occasionally 2x a
month depending on
rain/flows, and/or projects
2,150 gallons

PENINSULA
City of South San Francisco
South San Francisco ‐ San Bruno
Water Quality Control Plant
195 Belle Aire Road South San
Francisco
One Load Every 2 Weeks 4,800 gallons
City of Daly City/North San Mateo County Sanitation District Daly City
Wastewater Plant
153 Lake Merced
Blvd
Daly City Every 3 weeks 4,000 gal
City of San Mateo
City of San Mateo WQCP 2050 Detroit Drive San Mateo, CA every 10 days Full load Sewer Authority Mid‐Coastside
1000 N. Cabrillo Hwy Half Moon Bay Monthly 3,000 gallons / month

SACRAMENTO
City of Sacramento
Combined Wastewater Treatment
Plant
1391 35th Avenue Sacramento Rain dependent ‐ can be
multiple orders each week
4,800 gallons
Pioneer Reservoir 2100 Front Street
(cross street is V
Street)
Sacramento Rain dependent – can be
multiple orders each week
4,800 gallons
City of Yuba City
Wastewater Treatment Plant 302 Burns Drive Yuba City Every 3 weeks when needed 5,000 gallons EXHIBIT 2
768

BAY AREA CHEMICAL CONSORTIUM

DELIVERY DETAILS
BID NO. 11‐2025

Per Region, Agency and Delivery Facility Name and Location Frequency of Deliveries Typical Delivery Size

SOUTH BAY
City of Sunnyvale
City of Sunnyvale Wastewater
Treatment Plant
1444 Borregas
Avenue
Sunnyvale 3x per month 3,000 ‐ 4,000 gallons
San Jose ‐ Santa Clara Regional Wastewater Facility
San Jose Regional Wastewater
Facility
700 Los Esteros Rd San Jose 3 loads every 2 weeks 5,000 gallons (full tanker)
EXHIBIT 2
769
SECTION III – 3

BAY AREA CHEMICAL CONSORTIUM

PARTICIPATING MEMBER AGENCY CONTACT LIST
FOR BID NO. 11-2025

SODIUM BISULFITE
EXHIBIT 2
770

BAY AREA CHEMICAL CONSORTIUM
BID NO. 11‐2025

SODIUM BISULFITE

PARTICIPATING MEMBER AGENCY CONTACT LIST
Central Valley

CITY OF STOCKTON
Municipal Utilities Department 2500 Navy Drive Stockton, CA 95206 Kathryn Garcia Program Manager III ‐ Wastewater [email protected] 209‐937‐8232

CITY OF TURLOCK
156 S Broadway, #270   Turlock, CA  95380
David Huff     [email protected]
Carlos Guerrero    Utilities Manager [email protected] Nicole Mann     [email protected]
Raquel Brasil     [email protected]
East Bay

CITY OF SAN LEANDRO
Water Pollution Control Plant 3000 Davis Street San Leandro, CA 94577 Sally Perez Purchasing Technician [email protected] 510‐577‐3472 Hayes Morehouse Water Pollution Control Manager [email protected] 510‐577‐3437 Ramya Sankar Management Analyst [email protected] 510‐577‐3337

EAST BAY DISCHARGERS AUTHORITY
2651 Grant Ave San Lorenzo, CA 94580
Howard Cin Operations and Maintenance Manager [email protected] 510‐278‐5910 Jackie Zipkin General Manager [email protected]

ORO LOMA SANITARY DISTRICT
2655 Grant Avenue   San Lorenzo, CA  94580‐1838
Jimmy Dang    GM [email protected]
Joe Carlini     [email protected]

UNION SANITARY DISTRICT
5072 Benson Road Union City, CA 94587‐2508
Theresa Vasquez Buyer [email protected] 510‐477‐7524 Skip Calvo Purchasing Agent [email protected] 510‐477‐7526 Armando Lopez Treatment and Disposal Services Manager [email protected] 510‐477‐7517 EXHIBIT 2
771

BAY AREA CHEMICAL CONSORTIUM
BID NO. 11‐2025

SODIUM BISULFITE

PARTICIPATING MEMBER AGENCY CONTACT LIST
Marin Sonoma Napa

CENTRAL MARIN SANITATION AGENCY
1301 Andersen Drive   San Rafael, CA  94901
Jason Dow     [email protected] (415) 459‐1455
Jacky Wong     [email protected] (415) 459‐1455
Peter Kistenmacher    Technical Services Manager [email protected] (415) 459‐1455

LAS GALLINAS VALLEY SANITARY DISTRICT
300 Smith Ranch Road San Rafael, CA 94603
Mel Liebmann Plant Manager [email protected] 915‐472‐1734 Don Moore Plant Operations Supervisor [email protected] 415‐472‐1734

NAPA SANITATION DISTRICT
1515 Soscol Ferry Road   Napa, CA  94558
Gabe Snook    Operations Supervisor [email protected] 707‐312‐1733 Christopher Mosier    Operator III [email protected] 707‐ 312‐1899 Cristopher Henriquez    Operator II [email protected] 707‐312‐1595 Andrew Damron, PE    General Manager [email protected] 707‐ 258‐6007 SANITARY DISTRICT NO. 5 OF MARIN COUNTY
2001 Paradise Drive   Tiburon, CA  94920
[email protected] 415‐435‐1501
Ext. 109
Kacey Cottrell    Operations Superintendent
Tony Rubio    District Manager [email protected] 415‐435‐1501

SAUSALITO MARIN CITY SANITARY DISTRICT
1 East Road   Sausalito, CA  94965
Cathy Bondanza     [email protected]
Kevin Beneda     [email protected]
Vince Pasquini     [email protected]
Jeffery Kingston     [email protected]
EXHIBIT 2
772

BAY AREA CHEMICAL CONSORTIUM
BID NO. 11‐2025

SODIUM BISULFITE

PARTICIPATING MEMBER AGENCY CONTACT LIST
North Bay

CITY OF ANTIOCH
Water Treatment Plant P.O. Box 5007 Antioch, CA 94531‐5007 Benjamin Woodland Water Treatment Plant Supervisor [email protected] (925) 779‐7029 Marcus Woodland [email protected]
Chris Molina Senior Water Treatment Plant Operator [email protected]

CITY OF PINOLE (PINOLE/HERCULES WPCP)
11 Tennet Avenue   Pinole, CA  94564
Mike Howe    Operations Supervisor [email protected] (510) 724‐9013 [email protected] (510) 724 ‐
8964
Josh Binder    Plant Manager

DELTA DIABLO SANITATION DISTRICT
2500 Pittsburg‐Antioch Hwy. Antioch, CA 94509‐1373
Joaquin Gonzalez Operations Manager [email protected] 925‐756‐1971 Anika Lyons Finance Manager [email protected] 925‐756‐1924

RODEO SANITARY DISTRICT
800 San Pablo Avenue   Rodeo, CA  94572
Nancy Lefebvre     [email protected]
[email protected] 510‐799‐2970
x100
Steven S. Beall    District Manager
Jeff Greer     [email protected]
Peninsula
CITY OF  SOUTH SAN FRANCISCO
San Bruno Water Quality Control Plant  195 Belle Air Road   South San Francisco, CA  94080 Kunning Zhu    Laboratory Supervisor [email protected] 650‐829‐3854 Brian Schumacker    Plant Superintendent [email protected] 650‐829‐3844 EXHIBIT 2
773

BAY AREA CHEMICAL CONSORTIUM
BID NO. 11‐2025

SODIUM BISULFITE

PARTICIPATING MEMBER AGENCY CONTACT LIST

CITY OF DALY CITY/NORTH SAN MATEO COUNTY SANITATION DISTRICT 153 Lake Merced Blvd Daly City, CA 94015
Brandon Wardle Senior Operator [email protected] 650‐991‐8200 Gregory Krauss [email protected]

CITY OF SAN MATEO
City of San Mateo WWTP  2050 Detroit Drive   San Mateo, CA  94404 Alonso Barahona    Management Analyst II [email protected] 650‐522‐7334 Xiongbing Liang    Laboratory Supervisor [email protected] 650‐522‐7380 Robert Knox    Operations Superintendent /Chief Plant [email protected] 650‐522‐7380 Operator
Rob Learmonth    Planet Manager [email protected] SEWER AUTHORITY MID‐COASTSIDE
1000 N. Cabrillo Highway   Half Moon Bay, CA  94019
Kishen Prathivadi    General Manager [email protected] 650‐726‐0124 George Evans    Finance Officer [email protected] 650‐726‐0124 Sacramento

CITY OF SACRAMENTO
Department of Utilities 5730 24th Street, Bldg 22 Sacramento, CA 95822 David Herrmann Division Manager, Water Division [email protected] 916‐808‐5652 Dalton Le Program Specialist, Water Division [email protected] 916‐808‐6008 Andrew Costan Program Specialist [email protected] 916‐808‐6339 EXHIBIT 2
774

BAY AREA CHEMICAL CONSORTIUM
BID NO. 11‐2025

SODIUM BISULFITE

PARTICIPATING MEMBER AGENCY CONTACT LIST

CITY OF YUBA CITY
Public Works Department 701 Northgate Drive Yuba City, CA 95991 Jennifer Troche Utilities Administrative Assistant [email protected] 530‐822‐7571 Christian Elder Water Treatment Plant Supervisor [email protected] 530‐822‐4759 Finance Department Purchasing Team [email protected] 530‐822‐4618 Ethan Gutierrez Accounting Manager [email protected] 530‐822‐5196 Veronica Kemmerly Accountant I [email protected] 530‐822‐4646 Mike Finnigan Wastewater Treatment Facility Supervisor [email protected] 530‐822‐7696 Scarlett Harris Administrative Analyst III [email protected] 530‐822‐5366 Lance Andes Water Treatment Chief Plant Operator [email protected] 530‐822‐4637 David Newgard Wastewater Treatment Facility Chief Plant [email protected] 530‐822‐7698 Operator
South Bay

CITY OF SUNNYVALE
Water Pollution Control Plant  1444 Borregas Avenue   Sunnyvale, CA  94088‐3707 Julie Callaghan    Admin Aide [email protected] 408‐730‐7719 Rohan Wikramanayake    Division Manager [email protected] 408‐730‐7788 Lisa Vo    Purchasing [email protected] 408‐730‐ 7608 SAN JOSE ‐ SANTA CLARA REGIONAL WASTEWATER FACILITY
700 Los Esteros Road   San Jose, CA  95134
Satya Nand     [email protected] 408‐635‐2054
Mark Nicholl     [email protected] 408‐635‐6635 Alex Rodriguez    WW Operations Superintendent [email protected] (408) 635‐2087 EXHIBIT 2
775

SECTION IV

BAY AREA CHEMICAL CONSORTIUM

BID CONTRACT DOCUMENTS
FOR BID NO. 11-2025

SODIUM BISULFITE
*** All of the following pages must be properly competed and submitted for the bid to be considered complete. ***
EXHIBIT 2
776

BAY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 11-2025

SUPPLY AND DELIVERY OF SODIUM BISULFITE
I hereby agree to furnish SODIUM BISULFITE identified in the attached bid forms, as solicited by the Bay Area Chemical Consortium (BACC), to one or more of the participating BACC Agencies.

Company: __________________________________________
Address: __________________________________________
City, State, ZIP: _________________________________________ Phone: __________________________________________
Email: __________________________________________
Authorized Representative: ________________________________ Signature: __________________________________________
Date: __________________________________________
WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.

SPECIFIC DEVIATIONS:

This box must be checked if bidder has any proposed specific deviations. Per Section 2.12 Proposed Deviations from the Specifications by the Bidder, the absence of a proposed changed in the specifications will hold the bidder strictly accountable to the specifications as described in the bid document, including any addendum.

Describe the specific deviations below. A copy of the proposed specifications must be attached to this Standard Agreement at the time of submission, with bidder’s name clearly shown on each document.

Description of Emergency Supply Plan: Provide a summary of vendor’s plans to continue to supply product in the event of an unexpected disaster or urgent emergency event.

EXHIBIT 2
777
STANDARD AGREEMENT, PAGE 2 OF 2

BIDDER INFORMATION

1. Legal Name of Bidder:
______________________________________________________________________________

2. Bidder’s Street Address:
______________________________________________________________________________

3. Mailing Address:
______________________________________________________________________________

4. Business Telephone: _______________ Fax Number: ________________

5. Type of Supplier:
□ Sole Proprietor □ Partnership □ Corporation □ LLC
If Corporation, indicate State where incorporated: ____________________

6. Business License Number issued by the City where the Supplier’s principal place of business is located.

Number: ____________________ Issuing City: _____________________

7. Supplier Federal Tax Identification Number: ____________________________

8. Emergency Contact: Name: ____________________________________ Phone Number: ______________________________

9. Order Contact: Name: _______________________________________ Address: _______________________________________
Phone Number: ___________ Fax Number: ____________
Email: __________________________________________

10. References:

Company/Agency Name Contact Name Phone Number
1)_________________________ ___________________ _____________ 2) _________________________ ___________________ _____________ 3) _________________________ ___________________ ______________

11. Chemical Manufacturer’s name and address (if different from Bidder):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ EXHIBIT 2
778
Non-Collusion Affidavit
To Be Executed By Bidder and Submitted With Bid
State of California )
) ss.

County of )
__________________________________, being first duly sworn, deposes and says that he or she is the (Bidder’s Authorized Representative)
___________________________ of ______________________________________ the party making the (Title of Representative) (Legal Name of Bidder)
foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.
_________________________________
Signature of: President, Secretary,
Manager, Owner, or Representative
Subscribed and sworn to before me this, day of , 20

Signature of Notary Public In and For
The County of ________________________,
State of _____________________________
All Signatures Must Be Witnessed By Notary
EXHIBIT 2
779

BAY AREA CHEMICAL CONSORTIUM
BID FORM FOR BID NO. 11-2025

FOR SUPPLY AND DELIVERY OF SODIUM BISULFITE
Sealed bids must be submitted in a PDF format and
bidders must enter bid prices into the electronic
bid platform (Line Item page)
https://bacwa.org/about-bacc/
No later than 4:00 PM. PT
Thursday, February 20, 2025
Legal Name of Bidder:
_____________________________________
Business Address
_____________________________________
_____________________________________
_____________________________________
Telephone Number: ____________________
Facsimile Number: _____________________
Email Address: _________________________
Authorized Representative (Please Print):
_____________________________________
Signature:_____________________________
Date: ________________________________
I. All costs except California State sales tax for the purchase of SODIUM BISULFITE must be included in the amount shown entered into the electronic bid platform (Line Item page), including any and all mill assessments, fees, excise taxes, transportation charges, etc. Any exceptions to the bid must be noted under Specific Deviations on the Standard Agreement.

Bidders shall submit bids per unit of measure as specified in the electronic bid platform (Line Item page).

II. Bidders must submit all of the following, attached to this Bid Form:
a. All requirements listed in Section 2.21 Manufacturer’s Info. b. If applicable, the name, address, and contact information for the third party hauling company as well as an affidavit signed by the Bidder that the third party hauler can and will deliver the chemical to each and every participating BACC Agency.

III. Bidder Obligations
By signing this Bid Form and entering into individual purchase orders, purchase agreements and /or contracts with BACC agencies, the bidder expressly agrees to be bound by all the provisions of the bid solicitation, including Sections I-IV.

EXHIBIT 2
780
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 11‐2025

SODIUM BISULFITE
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
Sodium Bisulfite 25% Solution
Central Valley gal $
City of Turlock
East Bay gal $
East Bay Dischargers Authority
Oro Loma Sanitary District
Union Sanitary District
Marin Sonoma Napa gal $
Central Marin Sanitation Agency
Las Gallinas Valley Sanitary District
Napa Sanitation District
Sanitary District No. 5 of Marin County
Sausalito Marin City Sanitary District
North Bay gal $
City of Antioch
City of Pinole (Pinole/Hercules WPCP)
Delta Diablo Sanitation District
Rodeo Sanitary District
Peninsula gal $
City of South San Francisco
City of Daly City/North San Mateo County Sanitation District City of San Mateo
Sewer Authority Mid‐Coastside
Sacramento gal $
City of Sacramento
South Bay gal $
City of Sunnyvale
San Jose ‐ Santa Clara Regional Wastewater Facility

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
EXHIBIT 2
781
Refer to paragraph 2.4 Bid Pricing for full details.

BID NO. 11‐2025

SODIUM BISULFITE
Worksheet

BAY AREA CHEMICAL CONSORTIUM
Bidders shall submit bids in US$ per unit of measure indicated on this bid form, FOB Destination.

Bid prices shall be based on bulk deliveries of 2,000 gallons or more. Bidders must submit their Bid Prices via electronic bid platform ‐ Line Items section. Do not submit Worksheet.

Unit of
Measure
Bid Price per
Unit of Measure
Sodium Bisulfite 40% Solution
Central Valley gal $
City of Stockton
East Bay gal $
City of San Leandro
Sacramento gal $
City of Yuba City

DO NOT SUBMIT WORKSHEET

ENTER BID PRICES VIA ELECTRONIC BID PLATFORM
EXHIBIT 2
782
1 (Rev. 02.13.25)

CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number:

1. This Agreement is entered into between the City of Stockton (“City”) and Brenntag Pacific, Inc. (“Contractor”) to provide Sodium Hydroxide as set forth in Exhibit A to this Agreement.

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: July 1, 2025 Terminates on: June 30, 2026

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ 544,000

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms and Conditions
(d) Exhibit D – Goods and Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G - Discrimination and Harassment Policy (HR-15) (h) Exhibit H – Bid Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):

Authorized Signature Date
Printed Name and Title of Person Signing
Address

CITY OF STOCKTON
Steve Colangelo, Interim City Manager Date
ATTEST:

APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:

Contract with Brenntag Pacific Inc. for Sodium Hydroxide

Page 1 of 61 ends

City Council and Concurrent AuthoritiesMay 13, 2025

City Council and Concurrent Authorities
May 13, 2025