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HomeMy WebLinkAboutAgenda Report - January 20, 2016 C-05AGENDA ITEM C5 CITY OF LODI COUNCIL COMMUNICATION • TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Petralogix Engineering, of Galt, for Engineering Services for White Slough Water Pollution Control Facility Expansion Pond Project ($474,380), and Appropriating Funds ($525,000) MEETING DATE: January 20, 2016 PREPARED BY: Interim Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with Petralogix Engineering, of Galt, for engineering services for White Slough Water Pollution Control Facility Expansion Pond Project, in the amount of $474,380, and appropriating funds, in the amount of $525,000. BACKGRUND INFORMATION: In October 2015, the City was conditionally awarded a Proposition 84, Delta, San Joaquin River, and Sacramento River Water Quality Program Grant by the California Department of Water Resources (DWR), to receive $4,600,000. The grant is only offered to agencies located within the Sacramento San Joaquin Delta Area. Upon final approval by DWR, the grant will fund up to 75 percent of the total proposed costs (environmental, design, and construction) of onsite recycled water storage facilities, intended to improve groundwater quality in the region. The City will be responsible for the remaining 25 percent match. The City is eligible to receive credit for pre -project costs that were incurred after November 2008 toward the 25 percent match. Petralogix Engineering is currently under contract to provide grant funding award assistance and to prepare the environmental review of the proposed project in conformance with California Environmental Quality Act guidelines. This work is nearing completion. The next phase of work includes geological, geotechnical, and groundwater quality investigations, preliminary design work to establish the most suitable location of the storage improvements, and a task to prepare the documentation needed to support a minor modification to the City's discharge permit to account for the changes in treatment and discharge operations. This work must be performed prior to embarking on the final design and construction phases to demonstrate project feasibility and to refine the estimated costs. The proposed Professional Services Agreement includes the scope of services to perform the specialized tasks referenced above. Staff recommends authorizing City Manager to execute Professional Services Agreement with Petralogix Engineering, of Galt, for engineering services for White Slough Water Pollution Control Facility Expansion Pond Project, in the amount of $474,380, and appropriating funds, in the amount of $525,000 to cover the contract work and associated staff time. 1/4/2016 KAWP\C0UNCIL\2016\CC# Petralogkdoc Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Petralogix Engineering, of Galt, for Engineering Services for White Slough Water Pollution Control Facility Expansion Pond Project ($474,380), and Appropriating Funds ($525,000) January 20, 2016 Page 2 FISCAL IMPACT: The expenditures will be applied to the City's 25 percent local share obligation of the grant award. FUNDING AVAILABLE: Wastewater Plant Operating Fund (53053003) Jordan yers Deputy City Manager/Internal Services Director c._ Qc,� Charles E. Swimley, Jr. Interim Public Works Director Prepared by Charles E. Swimley Jr., Interim Public Works Director CES/CES/tdb Attachment K:\WP\COUNCIL\2016\CC# Petralogix.doc 1/4/2016 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 20 , by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and PETRALOGIX ENGINEERING (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 technical services for the White Slough Water Pollution Control Facility Expansion Pond Project (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 1 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 December 1, 2015 and terminates upon the completion of the Scope of Services or on November 30, 2017, whichever occurs first. z 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: Wally Sandelin To CONTRACTOR: Petralogix Engineering 26675 Bruella Road Galt, CA 95632 Attn: Daniel Kramer 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. 6 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. 7 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 CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager PETRALOGIX ENGINEERING By: By: Name: DANIEL E. KRAMER Title: 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: 53053003 (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\PSA's\2015\Petralogix PSA 12.1.15 CA:Rev.01.2015 8 Petralogix Engineering, Inc. 26675 Bruella Road, Galt, Ca 95632 (T) 209-400-5729 dkramerOpetralogix.com www.12etralogix.com December 11, 2015 Proposal No. 10046 Attn: Charles Swimley City of Lodi - Public Works 221 West Pine Street Lodi, CA 95240 4WEe,tralogix Subject: Technical Services Proposal for the White Slough Water Pollution Control Facility Expansion Pond Project - DWR Grant Funding Mr. Swimley, We appreciate the opportunity to provide you with our proposal to perform technical services, project review services, and project management services to the City of Lodi for the White Slough Water Pollution Control Facility Expansion Pond Project. Below you will find a brief project description and a detailed cost estimate for Petralogix Engineering, Inc.'s proposed work scope. Petralogix will provide both project management and technical review services for all of the tasks which will be required to complete the Pond Expansion as planned. We are currently providing oversight services to facilitate final Department of Water Resources (DWR) Proposition 84 Grant receipt assistance, and CEQA consulting assistance for the project. Petralogix will sub -consultant with various companies to provide the City with the needed geotechnical, general surveying, and civil services to complete the over-all project technical studies (preliminary). Each of the required tasks is discussed in detail, with a broken out budget, a detailed timeline and schedule, and a not to exceed fee. All of these items have been developed in conjunction with the Grant Application that we prepared on behalf of the City when the Proposition 84 Grant application was submitted. Project Summary The need for additional storage pond area at the White Slough WPCF is well documented. Long-term there are no justifiable alternatives. Current discharge is above the stated capacity for the site as designed, and overages are released to the Delta. There are a variety of potential options which will allow for sufficient on-site storage. However, only one single approach will accomplish a maximum benefit which allows for minimized transport assembly costs (piping), minimized land acquisition costs and impacts, minimized environmental impacts, and maximized water reuse and recharge strategies. As you know, the City of Lodi has been awarded Proposition 84 Grant Funding in order to facilitate construction of the project. www.petraIogix.com Page 12 City of Lodi Proposal No. 10046 The project consists of the final design and construction of the proposed 70 acre expansion pond. Two potential locations are currently being considered for the pond. The first location is near the existing onsite storage ponds. The secondary location to the southeast is also being considered. The final pond is planned to be unlined with roughly 8 foot high berms that allow for a total of 6 feet of water storage by height and 2 additional feet of freeboard. The bottom of the ponds are planned to be at grade or only slightly below. The berms will have riprap lining along the inside wall and will be designed as one to three ponds which are spread across the entire 70 acre area. . Scope of Work Petralogix will work in conjunction with a local Geotechnical Engineer, Surveyor, and Civil Engineer to provide the required services to complete the preliminary pond designs that will be required to bring the project to construction. A detailed description of these services follows: TASK #1- Petralogix Engineering, Inc. Geological Site Characterization Services Petralogix will prepare two detailed cross sections for each proposed pond site, provide a detailed review of the subsurface soils at each site (+15 feet below ground surface), and provide detailed percolation testing. The geological site characterization will utilize soil borings and samples (taken during the geotechnical study), limited resistivity profiling (dipole -dipole), standard falling head percolation tests, and double ring infiltrometer testing. The resistivity profiling will aid in determining major lateral soil changes across the pond transects. These profiles will consist of two perpendicular test lines which cover the general proposed pond location for each site. The percolation and double ring infiltrometer testing will aid in determining water flow rates in the subsurface soils. They will be focused at multiple depths, and will be in locations that are spread across each of the proposed pond sites. Data taken from these tests (and the geotechnical soil logs) will be combined. From this data a detailed 2 -Dimensional (2D) cross section will be performed for each of the pond sites. The geological and hydrological conclusions from these site interpretations will be used for final pond design. Deliverables: Site G of Percolation T a Its 2D Pr file r s cb Site ,). and GeneralRe-commendations for Final out Based on Cin City of Lodi Proposal No. 10046 TASK #2 - Terracon Page 13 Geotechnical Engineering - Pond Expansion Scope of Services We are currently proposing to use Terracon, Inc. as the lead geotechnical engineer of record. Multiple bids have been collected and reviewed. Based on our experience with the responsive nature of this firm, their price point, local presence, and general understanding of the projectwe believe they are currently the best fit for the project. They have proposed the following task/service items for completing the Geotechnical Engineering for the project. Preliminary Geotechnical Services - Field Program (Conducted at Each Site) Propose to perform a total of nine or ten (9 or 10) borings. • Two borings will be drilled to a depth of 50 feet below the existing ground surface (bgs). • Two borings will be drilled to a depth of 20 feet bgs. • Two borings will be drilled to a depth of 10 feet bgs. • Two borings will be drilled to a depth of 5 to 10 feet bgs. The two 50 -ft. deep borings will be used in performing a liquefaction analysis of the site. The deep borings and 20 -ft. deep borings will be used to determine the soil stratigraphy beneath the likely locations of the embankments. Data from all the borings will be used to characterize the upper soils for possible use in the embankments. Test samples will be collected during drilling in general accordance with the appropriate ASTM methods. Standard Penetration Testing (SPT) and sampling using either standard split -spoon or Modified California samplers will be performed at approximately 212 -foot intervals for the upper 10 feet followed by samples at 5 -foot intervals to the maximum depths drilled. In the shallow borings, dry core of punch core samplers will be used to obtain continuous samples of the upper soils. This method allows for continuous sampling which is more effective in determining a more detailed characterization of the soil lithology. In addition, we will observe and record groundwater levels during and after drilling. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to our laboratory. In addition, two (1) bulk samples of the near surface soils will be collected from the site. These samples will be tested for the maximum dry density and optimum moisture contents as determined in the ASTM D1557 test method. The results of these tests will be used in the slope stability analyses of the embankments. Two (2) bulks samples will also be obtained to provide R -value testing in order to provide recommendations for gravel/paved access roads. Laboratory Testing - (Conducted for Each Site) The samples will be tested in our laboratory to determine physical engineering characteristics. Testing will be performed under the direction of a licensed geotechnical engineer and may include visual classification, moisture content, dry density, sieve analysis, Atterberg limits, direct shear, Page 14 City of Lodi Proposal No. 10046 strength, and consolidation as appropriate. As previously mentioned, two samples of the near surface soils will be tested to determine the maximum dry density and optimum moisture content. Preliminary Engineering Analysis and Report The results of our field and laboratory programs will be evaluated by a professional geotechnical engineer licensed in the State of California. We will perform slope stability and seepage analyses of the proposed embankments. These analyses will be based on the methods and criteria contained in the Urban Levee Design Criteria published by the California Department of Water Resources (DWR). Based on the results of our evaluation, a preliminary geotechnical engineering report will be prepared detailing the results of the testing performed, provide logs of the borings, and contain a diagram of the site/boring layout for each site. The report will include the following: • Computer generated boring logs with soil stratification based on visual soil classification. • Summarized laboratory data. • Groundwater levels observed during and after completion of drilling. • Boring location plan. • Subsurface exploration procedures. • Soil conditions encountered. • Drainage recommendations. • Faulting, estimated ground motions, and liquefaction potential. • Slope stability and seepage analyses of the proposed embankments (up to 1 models). • Site preparation/earthwork recommendations. • Seismic site class and design parameters per 2013 CBC. Final geotechnical reporting will be performed under a separate task order and scope of work. We understand that such work will be directed toward the final pond site which is most feasible based on preliminary design review services have been completed. City of Lodi Proposal No. 10046 TASK #3 - Baumbach and Piazza Page 15 Civil Engineering and Surveying - Pond Expansion Scope of Services Surveym"g: We are currently proposing to use Baumbach and Piazza Engineering as the lead engineer/surveyor of record. Multiple bids have been collected and reviewed. Based on our experience with the responsive nature of this firm, their price point, local presence, and general understanding of the project we believe they are the best fit for the project. They have proposed the following task/service items for completing the Civil Engineering and Surveying for the project. Topographic Survey Accurately locate existing features and contours as necessary for design work. Topography to include existing ground features, swales, ditches, fences, power poles and roadways. Boundary Survey Establish sufficient survey control to identify boundaries of project site. Survey to tie into existing City of Lodi datum, and set sufficient control within boundary limits for construction. neliverables: Survey Base Maps for Each Site, Electronic Data (CAD Format] Page 16 City of Lodi Proposal No. 10046 TASK #4 - West Yost and Associates Preliminary Civil Engineering Design Services West Yost will provide a variety of services as described below. They will act as the primary design engineer for the proposed preliminary pond design services at each of the two sites. They have been working at the site for over10 years and performed the initial site feasibility studies that were used in the City's original grant application. CEQA Review West Yost will provide support to Petralogix in the development of the California Environmental Quality Act (CEQA) documents for this pond expansion project. These services will include reviewing the Hydrology and Water Quality section of the CEQA document and providing comments/input where needed; facilitation of a meeting with Regional Boards staff regarding their comments on the draft Initial Study; and miscellaneous input related to Petralogix's evaluation of the potential impacts of the project - such as pump station sizing, energy demands, water rights and other subjects. Report of Waste Discharge Project Description Letter Report To support a meeting with Regional Board staff responsible for the renewal of the City's permit (prior to submission of the ROWD and permit modification request), West Yost will prepare a Project Description letter report summarizing the proposed facility modifications, providing a characterization of the tertiary effluent data in comparison to available shallow groundwater quality data, and providing appropriate references to the City's recently submitted Antidegradataion Analysis presented in the City's Background Characterization Report and BPTC Evaluation Report. This letter report should be submitted to Regional Board staff from the City along with a request for a meeting to discuss the proposed project. The purpose of this initial effort will be to gain Regional Board acceptance of a streamlined process for permitting the treatment plant modifications. Report of Waste Discharge West Yost will develop the ROWD documentation needed to support a minor modification to the Waste Discharge Requirements and Master Reclamation Permit (Order 115-2007-0113-01). The following specific documentation will be included: a ROWD report summarizing the proposed facility modifications (from the letter report described above); the required ROWD forms; a characterization of the tertiary effluent data in comparison to available shallow groundwater quality data (from the letter report described above); references to the City's recently submitted Antidegradataion Analysis presented in the City's Background Characterization Report and BPTC Evaluation Report. West Yost will also provide a draft cover letter from the City to the Regional Board for the City's use. Note that if the Regional Board concludes that a more comprehensive ROWD is required to support a complete permit revision, the scope of services and associated fee estimate for this effort will need to be revised accordingly. Page 17 City of Lodi Proposal No. 10046 Report of Waste Discharge Meetings Two meetings are included in this task: one meeting with Regional Board to discuss the Project Description letter report and the City's proposed approach to revising the current permit and one meeting with City to discuss the draft ROWD. Preliminary Design Conveyance System Evaluation The conveyance system evaluation will consist of evaluating the improvements necessary to convey disinfected tertiary recycled water to each of the two potential pond sites and distribute the stored water back to the City's existing irrigation facilities. Preliminary layouts and opinions of construction and operating costs associated with each alternative will be prepared. This information will be presented to the City and Petralogix (along with the costs associated with pond construction at each site) in a workshop setting to support a decision regarding the preferred pond location. Storage Pond Evaluation The storage pond evaluation will consist of evaluating the earthwork necessary to construct storage pond at each of the two potential sites and developing pond configurations that are most advantageous with respect to costs or other factors. Preliminary layouts, conceptual grading plans based on available topographic information, and opinions of probable construction cost will be prepared. This information will be presented to the City and Petralogix (along with the costs associated with conveyance to and from each site) in a workshop setting to support a decision regarding the preferred pond location. Preliminary Design Technical Memorandum Following City selection of the preferred pond location, West Yost will prepare a Preliminary Design Technical Memorandum (TM) that summarizes the information described above. In addition, preliminary drawings will be prepared for the recommended pumping, conveyance, and storage pond facilities. The TM will be submitted to the City and Petralogix for review, and following a review meeting, a final TM will be prepared that incorporates your comments and suggestions. Preliminary Design Phase Meetings The following meetings are assumed to be required during the preliminary design phase: 1. Kickoff Meeting: Overall project goals and assumptions will be presented and discussed. One primary objective of this meeting is to confirm the approach for the Predesign task. 2. Predesign Evaluation Workshop: The purpose of this workshop is to select the preferred storage and conveyance system alternative. It is assumed that West Yost and Petralogix will work together to present a cost and benefits analysis associated with the alternatives, and the City will select the preferred approach based on the information presented. Page 18 City of Lodi Proposal No. 10046 3. Predesign TM Comments: The purpose of this meeting will be to receive comments from the City and Petralogix regarding the Predesign TM and establish direction (as appropriate) for the facilities design. Engineering Bid Documents West Yost will provide bidders documents and assistance in answering questions during preliminary project bidding for final design and construction services. ! 111111 1 111 Z111! Pill I B @o�r!lNTW=- : IMIT. v IJ 1- M .0 @O 1!., 1Mor. i a .. , M_ @. Page 19 City of Lodi Proposal No. 10046 TASK #S - Petralogix Engineering, Inc. Project Management Services - Pond Expansion Petralogix will act as the main project management company for the pond expansion project. We will provide all oversight and review to the City. Our services will include both general project work flow management and technical oversight for all issued construction related design documents (i.e. geotechnical, civil, surveying, etc.). The overall life of the project will include a period of roughly 2 years in total length. Herein, we are proposing our services for the (first phase) design and initial technical services contract portion of the project. These services will run from approval of this proposal until roughly May of 2016. Construction related bidding requests should be issued by the City in April or May of 2016, and will be based on the preliminary design documents presented via this proposal's scope. Construction related services (including project management services and post construction monitoring services) will be included in a later project phase and will be covered under a separate proposal. DeIlverables: Detailed Reporting of Ongoing Activities (Weekly and Monthly Progress Report). Bid Assistance Services NVritten Scopes for RFPs and Attendance_atMeebng Billing and Cost Tracking (Monthly Progress Reportsl. TASK #6 - Petralogix. WYA. Moore Biological. Inc. and Legal Team Water Petition Biology Consultation Services Petralogix and West Yost Associates will work together to prepare a petition for a "Change in Use" for the WPCF's tertiary treated waters which are currently applied to the delta. This tertiary treated water will instead be used to fill the proposed expansion pond. Long-term it could be used for irrigation and be beneficial for in -lieu groundwater recharge efforts. Moore Biological will provide the required environmental monitoring services to assist West Yost Associates and Petralogix in completing the petition. As part of the petition, environmental impacts pertaining to biological receptors must be fully addressed. Moore Biological will consult with a specialty Giant Garter Snake (GGS) consultant, and a fisheries expert (Fish -Bio). They plan to use existing temperature studies and discharge water quality data to fully evaluate the impact of removing this water source from the delta. Their initial review has indicated that the removal of this water would likely result in a net - benefit for water quality and fish habitat. As part of this West Yost Associates and Petralogix will retain a legal expert in this field to review and consultant on the final petition filing. DeRyerables: Final report from Moore Biological, Reviewed Document by Legal. and Petition Completed and Filed on Behalf of the Cit. Page 110 City of Lodi Proposal No. 10046 Service Fees - (Not to Exceed) The fees for each service are illustrated on the attached spread sheet. These are not to exceed amounts that will be billed on a 30 day basis, with a 10 percent markup for Petralogix Engineering. Additional management services and time have been added where applicable. All fees are based on hourly billing rates and previously quoted services from the respective vendors. Additional modification have been made in part by Petralogix's experience with similar project of this type, and our experience with the represented sub -consultants. A composite (All Company Average) hourly rate sheet has been attached for review. These rates will be the hourly maximums associated with the project, and will remain in effect for the duration of the project. The total fee for the relative project components listed in the attached spreadsheet amount to $474,380. We recommend that a cost share of 25 percent be accepted by the City of Lodi, as per the state requirements for Proposition 84 Grant funding. Therefore, the City of Lodi will be responsible for $118,595, while DWR (and Proposition 84 Grant) will be responsible for the remaining $ 355,785. Schedule of Services Below is a broken down timeline for review. This is a tentative timeline that is based on our best estimation in combination with DWR, and the current project status. Services Timeline 'Task No. Task Description Start Date End Date 1 to 3 Geological, Geotechnical, and Surveying- includes work by 1/20/2016 3/20/2016 Petralogix, Terracon, and Baumbauch and Piazza. 4 Preliminary Design Services - Includes work by Petralogix and 1/20/2016 3/20/2016 West Yost. 5 Project Construction Solicitation Services - Includes RFP 4/20/2016 5/15/2016 development and project management services by Petralogix. 6 Project Petition Services - Includes Bio/Legal/Processing 1/20/2016 4/15/2016 work by Petralogix, West Yost, Moore, and Subs. We have thoroughly enjoyed working with the City, and recognize that this is a great opportunity for our community to re-evaluate how water is used in our region. We appreciate the opportunity to propose on this project and look forward to working on it. If you have any questions feel free to call or write at any time. City of Lodi Proposal No. 10046 Warm Regards, Page X11 Daniel E. Kramer, President Professional Geologist #8657 Certified Engineering Geologist #2588 Professional Geophysicist #1078 Modified Rate Sheet Combined Consultant Pricing for Use on Project (Based on all Consultant Rates) COMAPNY SERVICE RATE Petralogix Engineering, Inc. Professional Geophysicist sicist $185 Hour Senior Reviewer PhD Geologist $155 Hour Certified Engineering Geologist $145 Hour Professional Geologist $135 Hour Senior Staff Geologist $125 Hour Project Manager $115 Hour Field Technician - GEO $115. Hour West Yost Associates Senior Review Engineer $225 Hour Principal Civil Engineer $185 Hour Senior Civil Engineer $165 Hour Draftsman $105 Hour Page 112 City of Lodi Proposal No. 10046 Baumbach and Piazza Principal Civil Engineer $155. Hour Senior Civil Engineer $125 Hour Draftsman $85 Hour Survey Party Chief $150 Hour Field Tech I $145 Hour Field Tech II $140 Hour Field Tech III $135 Hour Terracon Senior Geotechnical En ineer $195 Hour Geotechnical Engineer $165. Hour Staff Geotechnical Engineer $145. Hour Lead Driller $105: Hour Driller Helper $95 Hour City of Lodi Proposal Prop 84 Technical Services 12-11-15 feasxi6est, is5-N2. zu w -Pine snele -son! dz Lodi, California 95x40 City of Lodi - Proposition 84 Grant Funding - Technical Services Proposal Task No. Consultant Name Task Detail and Description oun Units Sill Not to Exceed Maximum Percent of Total 25% -City of Lodi 75%- DWR ask -1 onsultant PmllmlnarV Pond Chancterication-Subsurface 40,600.00 i 1 0.00. 3 450.00 LI I rcolallon Teslln-Oouble Ri Infift-e.r Taaln DRI 5 185.00 F ] 00.00 16 moaS 5.5som IIL Maser n S fif1R 'Lx S a:dgEftm bwwft k L ] 4ano 1. tat- P.WR QW and Sa355DS S a4o loabt Fn�naedna lnc. I $ ap 600.00 a. $ mim.00 30 .00 oak -2 nsnlp4tgft!�ftserdoes S 67730.00 14.3 16932.50 S 50797.50 is S Ism S 3 1404m S 4140+.0 zJ s 4 s m40S s e9tama eae;oo _WS S. ] e Stabili-nd S. 165-0 5 740000 I.G. S m s 5550.00 91 S 1" S LA S a5so.ro S s.se0.m 2A *N*fh 3 s- 136;05 It WM00 S fti,= S: 4. niki 1 S 4ou f D S' 4 75D. 2 to rnan and wars z 1.00 moo G,514 1 szs,ao e7s.m ub ! I 'K lawas 16.a3E50 s 50.79750 ask -3 Wosultaot on Pood-5 amt -Fined CdID 00" 14.4 S 17.M.00 S 5 75.00 eaumharnaade aaa m SsG- 'Woo. ]5 S 9.om.00 5 a] m 3 umbachand Pram 16 150m S 2 00.D0 51 Ea t W 1]141 1EOOL0 OS 615.00 >54D LAI a�,1 0400 IC4W S 17,125.00 5 Ism '•4 [a0n841te EOA Assistance. Preliminary Pond DesiM Bid Documents S 13 170.00 27.79d S W92.50 S 9%377,50 ldseeasaaYla I�GO. S 1 750 .. iaa . sa4iaPaAsPq:lres S 116-00 17 Se - 1x50 esLYostAssoriatn 1 O.00 5 S 1150 15437 0 'Yost Associates relimina D!s' -Pond Enluatian 9 18500 16s-00 3.5 616x50 1x487.50 w.laeladaes' :Twnakil3swae ! LLod 1 1 S 474040 S. . It.0 91o4seYaaL+Olfitke611s1E 5: .tas40 S14,so¢g0 3] 33 S' 4 Oii 1 :1 70.00 6750 S by; rd -n ment and Oven t ]1500 SOm.m 11 1 SO. 75000 91a�Me0tG3� bT k u4 1 17J $ 3 79250 f: +5: Ss8aka3 $ S 00.00 11.3$ 1 425.00 275.00 Sar. alma 0D s,m S m kv. 1 5 12540 z oa Do 4•x sm4m Ssmam &3 404 S 7 1 S: S�trt - I 113 13425.00 ask- 6 onsultant etldon Services 56 340.00 11. $ 1 085.00: $ 4 255.00 M S tim S 7 S S Yo Assoua 040 10040 63 aa4sib 1&5.00 1 0000 &9 5 46x5•m 5 11875-m 01ast Yost Associatess Sa5.00 S 1 10000 139as 2775•m 5 632540 960%• .. dkriits[as S 4.44940 S 4,a4p{vx. S . Ltl0.40 S. SSl0.o4 raGnaeguenirnaaarm- 50 - SIM -UT = 11. 100a5.m. P TOTAL CONTRACT AMOUNT -NOT TO EXCEED $ 474,380.00 30 $ 118,595.00 $ 355,785.00 urai�l.7mi2k.. owx-7s14slun feasxi6est, is5-N2. zu w -Pine snele -son! dz Lodi, California 95x40 Exhibit C Insurance Requirements for Consultant The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor 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 Contractor's operations under this Agreement, 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: 1. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 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, that provides liability coverage at least as broad as this form. 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 Contractor; whichever is greater. 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.). 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 a later version, that provides liability coverage at least as broad as this 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. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor'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 04 13. 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 ther� oject that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) 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 Contractor 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. Page 1 I of 2 pages I Risk: rev.08.2015 (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, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor 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 Contractor 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. Contractor shall pay such reimbursement and interest on the first (15) day of the month following the City's notice. Notwithstanding and other provision of this Agreement, if Contractor 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, Contractor 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 Contractor shall take out and maintain during the life of this Agreement, 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 Agreement 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 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.08.2015 1. AA# 2. JV# 6.'REQUEST•ADJ,{7STMENT'OFAPP. CITY' OF .LODI = :a.:.- ; •': _:, " {. ■ �` := A. SOURCE OF FINANCING $.,t� ::;:APPROPRIATION`4DJ.USTMENT'REQUEST� TO: Internal Services Dept. - Budget Division B. USE OF FINANCING 3. FROM: Rebecca Areida-Yadav 5. DATE: 12/16/2015 4. DEPARTMENT/DIVISION: Public Works Date 6.'REQUEST•ADJ,{7STMENT'OFAPP. OPRIATIO,N.ASLISTED�BELOW r ':t• __•:==} "-�:i-�c ;-=A�} �. — - - — r +:' : '%� ri i', FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. SOURCE OF FINANCING 531 32205 Fund Balance $ 525 000.00 B. USE OF FINANCING 531 53199000 77020 Wastewater Capital Projects 525 000.00 Deputy City Manager/Internal Services Manager Date 7 REQUEST IS,MADE TO'FUND THE FOLLOWING PROJECT_NOT INCLUDED5 I.NJHE.CURRENT.BUDGET- _.•_•_;,� Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. Contract with Petralogix for technical services for the White Slough Water Pollution Control Facility pond expansion project. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: Res No: Attach copy of resolution to this form. Department Head Signature: cj-J , 8:'APPROYAL SIGNATURES --J r �•rti :v i ,+::y- :x:iYy:+i'• r +:' : '%� ri i', `` S:_ t':FY.+' �'.�7?f �r=C� Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2016-05 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PETRALOGIX ENGINEERING, OF GALT, FOR ENGINEERING SERVICES FOR THE WHITE SLOUGH WATER POLLUTION CONTROL FACILITY EXPANSION POND PROJECT, AND FURTHER APPROPRIATING FUNDS WHEREAS, in October 2015, the City was conditionally awarded a Proposition 84, Delta, San Joaquin River, and Sacramento River Water Quality Program Grant, in the amount of $4,600,000, by the California Department of Water Resources (DWR); and WHEREAS, upon final approval by DWR, the grant will fund up to 75 percent of the total proposed costs (environmental, design, and construction) of onsite recycled water storage facilities, intended to improve groundwater quality in the region; and WHEREAS, Petralogix Engineering is currently under contract to provide grant funding award assistance and to prepare the environmental review of the proposed project in conformance with California Environmental Quality Act guidelines; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute a Professional Services Agreement with Petralogix Engineering, of Galt, for engineering services for the White Slough Water Pollution Control Facility Expansion Pond Project, in the amount of $474,380; and further recommends appropriating funds in the amount of $525,000; and WHEREAS, Council is only willing to authorize the execution of the agreement if it is amended to allow termination by the City in the event that the grant is not awarded with payment to Petralogix for work directed by staff through termination. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Petralogix Engineering, of Galt, California, for engineering services for the White Slough Water Pollution Control Facility Expansion Pond Project, in the amount of $474,380 subject to the revision set forth above; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $525,000 for the project. Dated: January 20, 2016 I hereby certify that Resolution No. 2016-05 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 20, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None NIFER . FERRAIOLO City Clerk 2016-05