HomeMy WebLinkAboutAgenda Report - June 3, 2015 C-07AGENDA ITEM Cw7
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Carollo Engineers, Inc. of Sacramento to Perform an Ultra Violet
Feasibility Assessment for the White Slough Water Pollution Control Facility
($63,329)
MEETING DATE:
PREPARED BY:
June 3, 2015
Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Profession
Services Agreement with Carollo Engineers, Inc. of Sacramento to
perform an Ultra Violet Feasibility Assessment for the White Slough
Water Pollution Control Facility in the amount of $63,329.
BACKGROUND INFORMATION: The Ultra Violet System has provided reliable disinfection for the
White Slough Water Pollution Control Facility (WSWPCF) for over
ten years. The maintenance of the existing facilities is labor
intensive and has a high energy demand. The system is in need of an upgrade to replace the lamps
and communications hardware.
An evaluation of the hydraulics and potential operational strategies should be assessed. Evaluation of
the current system will determine if continued use of the existing equipment is the least cost option.
It is prudent to evaluate current technologies which may result in lower electrical or operational costs
prior to purchasing new lamps. The assessment will evaluate the current Ultra Violet Systems that are
Title 22 approved and determine the life cycle costs for any alternative which can be installed with the
existing channel without major structural modifications.
FISCAL IMPACT: If the Ultra Violet Assessment is not completed; WSWPCF will continue to
operate at the current high labor intensity and reduce the plant's ability to
lower their electrical costs. As the current technology equipment
continues, the labor demand will increase with time.
FUNDING AVAILABLE: WSWPCF Operations Budget (53053003.72450) $63,329
FWS/KH/kjc
Attachments
Jordan Ayers
Deputy City Manager/Internal Services Director
APPROVED:
F. OaliyRfilhdelin
Public Works Director
, City Manager
K:\WP\COUNCIL\2015\CC#WSWPCF_UV_feasibility_Carollo.doc 05/21/2015
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 2015, 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 Ultra Violet (UV)
Feasibility Assessment for the White Slough Pollution Control Facility (WSWPCF)
(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
counted against CONTRACTOR's contract performance period. Also, any delays due to
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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 Meetings
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 July 1, 2015 and terminates upon the
completion of the Scope of Services or on June 30, 2016, 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.
3
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 and costs), 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, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
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.
4
Section 4.5 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 Requirements 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.
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: Karen Honer
To CONTRACTOR: Carollo Engineers, Inc
2880 Gateway Oaks Drive, Suite 300
Sacramento, CA 95833
Attn: Kathleen 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
5
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.
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.
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.
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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 Funding 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:
JENNIFER M. FERRAIOLO
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
0
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
CAROLLO ENGINEERS,INC
Bv:
f Name: KATHLEEN MARKS
Title: Vice -President
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 53053004.
(Business Unit & Account No.)
Doc ID:K:\WP\PROJECTS\PSA's\2015\CarolloPSA
CA:Rev.01.2015
8
SCOPE OF SERVICES
CITY OF LODI
WHITE SLOUGH WATER POLLUTION CONTROL FACILITY
UV ASSESSMENT
BACKGROUND
:*Aal:11r_1
The UV system has provided reliable disinfection for the plant for over 10 years. The system is
in need of a lamp replacement. Evaluation of the current system will determine if continuation of
the existing equipment is the least cost option. With the trend to more efficient lamps and
technology options this evaluation should be completed prior to purchasing replacement bulbs.
In addition, this technology is very labor intensive and an evaluation of the hydraulics and
potential operational strategies should be assessed.
SCOPE OF WORK
Task 1—UV Evaluation
Channel hydraulics for the UV channel will be modeled using CFD modeling to determine if any
improvements are necessary to improve the efficiency of the UV system.
*Three CFD models will be performed.
•Preliminary budget costs will be developed for any channel modifications necessary to
obtain the improved hydraulics.
Evaluate current UV technologies that are Title 22 approved and determine the life cycle costs
for any alternative which can be installed within the existing channel without major structural
modifications.
Evaluate the current electrical and instrumentation feed to the UV system and provide
recommendations for upgrades if required.
A letter report summarizing the findings will be provided to the Owner.
Task 2 - Project Management
Carollo will provide administrative functions for the orderly execution of the work and tracking
and reporting of work progress including project schedule, project workshops, status reports,
management of subconsultants, and decision logs.
K\VPPROJECT&PMs\2W5\Card1oE)NbitAdoc Page 1
Assumptions:
The following work is not included within this scope of work.
1.Owner will provide staff to assist in the inventory of electrical/instrumentation equipment
and open any panels necessary for the inventory.
SCHEDULE
•Task 1 —
oTo be finalized within 4 months of notice to proceed
•Task 2 —
oAll work for task 1 will be completed within 4 months of notice to proceed.
DELIVERABLES
*Task 1 — UV Evaluation
oOne hard copy and one electronic copy of the letter report
•Task 2 - Project Management
oMonthly progress reports
oMeeting agendas
oMeeting minutes
K\VPPROJECT&PMs\2W5\CardloBNbitAdoc Page 2
Fee Proposal
City of Lodi
UV Assessment
SP - Senior Professional
LPP - Lead Project Professional
PP - Project Professional
P - Professional
PECE - Project Equipment Communications Expense
Carollo
Labor
Other
SP
LPP
PECE
PP
P
CAD
Suppt.
Total
Baumbac
V&A
Other
Subcon-
Total
Labor
h&Piazza
Neil
Cond.
Direct
sultant
Task/Description
$273
$252
$230
$194
$167
$106
Hours
Cost
Survey
Anderson
NV5
Assess.
Costs
Costs
$11.70
Cost
Descr.
TOTAL
1.0
UV Evaluation
1.1 UV Evaluation
2
80
100
40
0
10
232
$ 52,526
$ -
$ -
$ -
$ -
$ -
$ -
$ 2,714
$ 220
Mileage
$
55,460
Task 1 Total = 2
80
100
40
0
10
232
$52,526
$0
$0
$0
$0
$0
$0
$2,714
$220
Mileage
$
55,460
2.0
Project Management
$
-
2.1 Project Management
24
0
0
0
0
6
30
$ 7,188
$ -
$ -
$ -
$ -
$ -
$ -
$ 351
$ 330
Mileage
$
7,869
Task 2 Total = 24
0
0
0
0
6
30
$7,188
$0
$0
$0
$0
$0
$0
$351
$330
Mileage
$
7,869
Totals = 26.0
80.0
100.0
40.0
0.0
16.0
262.0
59714.0
0.0
0.0
0.0
0.0
0.0
0.0
3065.4
550.0
Mileage
$
63,329
SP - Senior Professional
LPP - Lead Project Professional
PP - Project Professional
P - Professional
PECE - Project Equipment Communications Expense
{OF
0�
0
Insurance Requirements for Consultant The Consultant shall take out and maintain during the life of this
Agreement, insurance coverage as listed below. These insurance policies shall protect Consultant and any
subcontractor performing work covered by this Agreement from claims for damages for personal injury, including
accidental death, as well as from claims for property damages, which may arise from Consultant's operations under
this Agreement, whether such operations be by Consultant, 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
$1,000,000 Each Occurrence
$2,000,000 Aggregate
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Each Occurrence
Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles)
operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form
CA 00 01 12 90, or a later version of this form, or an equivalent form providing equivalent liability coverage.
All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,
agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk
Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing
any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied
by either the Named Insured(s) or the City of Lodi.
It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore,
the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Consultant; whichever is greater.
Consultant 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.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or equivalent form) 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.
(b) Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Consultant's policy shall be "primary and non-contributory" and will
not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20
01 0413.
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, 95240; (2) The insurance certificate must state, on its face or as an
endorsement, a description of therp oiect that it is insuring.
Insurance Requirements for Consultant (continued)
Page 1 I of 2 pages I Risk: rev.03.2014
(c) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or
excess insurance. Any umbrella or excess insurance of Consultant shall contain, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City
before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
(d) Completed Operations Endorsement
For three years after completion of project, a certificate of insurance with a Completed Operations
Endorsement, CG 20 37 07 04, will be provided to the City of Lodi.
(e) 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.
(f) 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 West Pine St., Lodi,
CA 95240.
(g) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days
prior to the expiration of each insurance policy, Consultant shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Consultant
shall provide proof of continuing insurance on at least an annual basis during the Term. If Consultant's
insurance lapses or is discontinued for any reason, Consultant shall immediately notify the City and
immediately obtain replacement insurance.
(h) Failure to Comply
If Consultant fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
coverage, the City may obtain the insurance. Consultant shall reimburse the City for premiums paid, with
interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The
City shall notify Consultant of such payment of premiums within thirty (30) days of payment stating the amount
paid, the names) of the insurer(s), and rate of interest. Consultant shall pay such reimbursement and interest
on the first (1s) day of the month following the City's notice. Notwithstanding and other provision of this
Agreement, if Consultant fails or refuses to obtain or maintain insurance as required by this agreement, or fails
to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination, Consultant shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities.
(i) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are
acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
Workers Compensation Insurance The Consultant shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of Consultant's employees employed at the site of the project and, if any
work is sublet, Consultant 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 Consultant. In case
any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected
under the Worker's Compensation Statute, the Consultant 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 without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA
95240.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
Page 2 1 of 2 pages I Risk: rev.03.2014
RESOLUTION NO. 2015-66
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES
AGREEMENT WITH CAROLLO ENGINEERS, INC., TO PERFORM
AN ULTRA VIOLET FEASIBILITY ASSESSMENT FOR THE
WHITE SLOUGH WATER POLLUTION CONTROL FACILITY
WHEREAS, the Ultra Violet system has provided reliable disinfection for the White
Slough Water Pollution Control Facility (WSWPCF) for over ten years; and
WHEREAS, the maintenance of the existing facilities is labor intensive and has a high
energy demand; and
WHEREAS, the system is in need of an upgrade to replace the lamps and the
communications hardware; and
WHEREAS, an evaluation of the hydraulics and potential operational strategies should
be assessed, and the assessment will determine if continued use of the existing equipment is
the least cost option; and
WHEREAS, City staff recommends executing a Professional Services Agreement with
Carollo Engineers, Inc., to perform an Ultra Violet Feasibility Assessment for WSWPCF, to
evaluate current technologies which may result in lower electrical or operational costs prior to
purchasing new lamps; and
WHEREAS, the cost for the Ultra Violet Feasibility Assessment is $63,329.
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., of Sacramento, California, to perform an Ultra Violet Feasibility Assessment for
the White Slough Water Pollution Control Facility, in an amount not to exceed $63,329.
Dated: June 3, 2015
I hereby certify that Resolution No. 2015-66 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 3, 2015, by the following vote:
AYES: COUNCIL MEMBERS — Kuehne, Mounce, Nakanishi, and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Chandler
ABSTAIN: COUNCIL MEMBERS — None
�NIFERFERYRArl`OL0
City Clerk
2015-66