HomeMy WebLinkAboutAgenda Report - February 5, 2014 C-10AGENDA ITEM Co -0'
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement for Influent Screening Study for the White Slough Water Pollution
Control Facility with Carollo Engineers, Inc., of Sacramento ($49,683)
MEETING DATE: February 5, 2014
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional
Services Agreement for influent screening study for the White Slough
Water Pollution Control Facility with Carollo Engineers, Inc., of
Sacramento, in the amount of $49,683.
BACKGROUND INFORMATION: Screening of the wastewater entering the White Slough Water
Pollution Control Facility (WSWPCF) is necessary to remove rags
and other debris that can damage downstream treatment processes
and equipment. Screening must be reliable and continuous to achieve the required performance and
maintain regulatory compliance. The existing influent screens at WSWPCF, installed in 2007, have
required significant ongoing maintenance and expense to keep in operation, have not performed reliably,
and have experienced excessive downtime. The purpose of this study is to evaluate alternatives for
replacement of these screens.
The study will specifically evaluate alternative screening technologies currently in use at other
wastewater treatment facilities, including two-stage screening, and review alternative locations for the
screening facilities and equipment. The goal of this project is to reduce long-term operation and
maintenance costs and improve screening process performance. Capital funding of $2 million is included
in the wastewater financial model for FY14/15 to complete a project for replacement and possible
relocation of the screening process. This study will determine the preferred alternative and provide an
estimated construction cost for the project.
Staff recommends approval of the Professional Services Agreement with Carollo Engineers, Inc., for an
influent screening study for WSWPCF in the amount of $49,683.
FISCAL IMPACT: Funding for this project was budgeted in FY13/14
FUNDING AVAILABLE: Wastewater Plant - Professional Services (170403.7323)
Ciofd_an Ayers
Deputy City Manager/Internal Services Director
F. Wally S ndelin
Public Works Director
Prepared by Larry Parlin, Deputy Public Works Director - Utilities
FWS/LP/pmf
cc: Karen Honer, Wastewater Superintendent
f
APPROVED:
Bartlam, City Manager
K:\WP\White Slough\CCarolloScreeningStudy.doc 1/7/2014
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 2014,
by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
CAROLLO ENGINEERS, INC. (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for an influent
screening study for the White Slough Water Pollution Control Facility (hereinafter
"Project") as set forth in the Scope of Services attached here as Exhibit A.
CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
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counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetincs
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on February 20, 2014 and terminates
upon the completion of the Scope of Services or on December 31, 2014, whichever
occurs first.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
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ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees), arising out of performance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence of the City of Lodi or its officers or agents.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.6 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Reguirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
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Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Larry Parlin, Deputy PW Director - Utilities
To CONTRACTOR: Carollo Engineers, Inc.
2880 Gateway Oaks Drive, Suite 300
Sacramento, CA 95833
Attn: Kathy Marks
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
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Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
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Section 4.16 Integration and Modification
This Agreement represents the
entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Fundina Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
RANDI JOHL-OLSON
City Clerk
CITY OF LODI, a municipal corporation
KONRADT BARTLAM
City Manager
APPROVED AS TO FORM: CAROLLO ENGINEERS, INC.
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
By:
By:
Name:
Title:
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable)
Funding Source: 170403.7323
(Business Unit & Account No.)
Doc ID:WP\Projects\PSAs\CarolloEngineers2014 WSWPCF
CA:rev.07.2013
8
SCOPE OF SERVICES
PURPOSE
Provide engineering services required for the evaluation of the existing two band screens and
their associated screenings dewatering equipment. Identify alternatives for replacement of the
screens, including prescreening with coarse screens, as well as alternative site locations. The
services shall include the Engineer's services.
ENGINEER'S SERVICES
Task 1 — Kickoff Meeting
Attend a kickoff meeting with the City staff to discuss the goals, objectives, and schedule for the
project. Prepare agenda and minutes for the kickoff meeting.
Task 2- Review Existing Data
Review the City's existing screening operation, document the City's concerns related to
maintenance, loads, and operational issues.
Task 3 — Evaluate Existing Technologies/Site Visits
Evaluate current screening and compaction technologies and assist the City in determining the
best value to the City. Conduct two (2) site visits with City staff to review alternate screening
technologies at other wastewater treatment plants. Time and travel expenses for one Carollo
employee have been included in the scope. City staff will provide their own transportation to the
selected wastewater treatment plants.
Task 4 — Evaluate Potential Locations
Evaluate potential screening locations, including the existing headworks location and up to two
additional locations.
Task 5 — Prepare Technical Memorandum
Submit six (6) draft copies of a Technical Memorandum that includes the recommendation for
the removal of screenings from the City's influent including conceptual plan, capital costs,
energy costs, and operation and maintenance costs. Incorporate the comments generated in
Task 6 and submit six (6) final copies of the Technical Memorandum.
Task 6 - Workshop
Conduct a workshop to review with City staff the findings of the Technical Memorandum.
TIME OF PERFORMANCE
Works shall be undertaken and completed in a sequence assuring expeditious completion, but
in any event, all the services required by this Agreement shall be completed in accordance with
the following schedule:
Task 1 — Kickoff Meeting
Task 2 — Review Existing Conditions
Task 3 — Evaluate Current Technology/Site Visit
Task 4 — Evaluate Potential locations
Task 5 — Prepare Technical Memorandum
Draft Submitted to the City
City Review
Final Submitted to the City
Task 6 — Workshop
K:%WPIPROJECTSIPSNslCarolloEngineers2014 WSWPCF Attachment.doc
3 weeks after notice to proceed
5 weeks after notice to proceed
7 weeks after notice to proceed
8 weeks after notice to proceed
10 weeks after notice to proceed
2 weeks after submittal
14 weeks after notice to proceed
13 weeks after notice to proceed
Exhibit 7A]
FEE PROPOSAL
Each task shall be billed on a time and material basis, with the following limits:
Task 1 — Kickoff Meeting
Task 2 — Review Existing Conditions
Task 3 — Evaluate Current Technology/Site Visit
Task 4 — Evaluate Potential locations
Task 5 — Prepare Technical Memorandum
Draft Submitted to the City
City Review
Final Submitted to the City
Task 6 — Workshop
TOTAL
K:IWPIPROJECTSIPSA's%CarolloEngineers2014_WSWPCF Attachment.doc
$1,582
$ 5,444
$15,060
$12,179
$11,523
$ 3,895
$49,683
Exhibit B
COST ESTIMATE
SCREEN STUDY
CITY OF LODI, CALIFORNIA
2 Review existing operation
8
16
2
26
$5,096
$304 $5,400
$44
$44
$5,4
3 Evaluate current screening/compaction technologie
24
40
2
66
$13,448
$772 $14,220
$400
$440
$840
$15,0
4 Evaluate screening locations
1
16
40
2
58
$11,456
$679 $12,135
1 1
$44
$44
$12,1
5 Prepare Technical Memorandum
12
40
6
58
$10,844
$679 $11,523
$0
$11,5
5 Conduct workshoo
8
8
2
18
$3.640
$211 $3.851
$44
$44
$3.8
Total $49,682
Exhibit C
KygF'f
V�
IF
Insurance
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this contract,
insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor
performing work covered by this contract from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from Contractor's operations under this contract, whether
such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of
them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVE AUTOMOBILE LIABILITY
$2,000,000 Ea. Occurrence $1,000,000 Bodily Injury - Ea. Person
$2,000,000 Aggregate $1,000,000 Bodily Injury - Ea. Occurrence
$1,000,000 Property Damage - Ea. Occurence
PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS
$1,000,000 Ea. Occurrence
NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a
claims period following termination of coverage which is at least consistent with the claims period or statutes of
limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine
Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a
description of therp oiect that it is insuring.
A copy of the certificate of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed
Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds.
(This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance.
Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not
contributing with the insurance afforded by this endorsement.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall
not operate to increase the limit of the company's liability.
(d) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice
of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's
Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is
sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any
class of employees engaged in hazardous work under this contract at the site of the project is not protected under the
Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide
insurance for the protection of said employees. A waiver of subrogation is required for workers compensation
insurance. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate
is received by the City.
RESOLUTION NO. 2014-15
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR AN INFLUENT SCREENING
STUDY FOR THE WHITE SLOUGH WATER POLLUTION
CONTROL FACILITY WITH CAROLLO ENGINEERS, INC.
WHEREAS, screening of the wastewater entering the White Slough Water Pollution
Control Facility (WSWPCF) is necessary to remove rags and other debris that can damage
downstream treatment processes and equipment; and
WHEREAS, the existing influent screens at WSWPCF, installed in 2007, have required
significant ongoing maintenance and expense to keep in operation, have not performed reliably,
and have experienced excessive downtime; and
WHEREAS, the study will specifically evaluate alternative screening technologies
currently in use at other wastewater treatment facilities and review alternative locations for the
screening facilities and equipment; and
WHEREAS, staff recommends executing a Professional Services Agreement with
Carollo Engineers, Inc., for an influent screening study for the White Slough Water Pollution
Control Facility.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Professional Services Agreement with Carollo
Engineers, Inc., for an influent screening study for the White Slough Water Pollution Control
Facility, in the amount of $49,683.
Dated: February 5, 2014
I hereby certify that Resolution No. 2014-15 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 5, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Nakanishi, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — No�LHL-OLSON
City Clerk
2014-15