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HomeMy WebLinkAboutAgenda Report - February 18, 2015 C-08f AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement for Watershed Sanitary Survey with HDR Engineering, Inc., of Folsom ($30,500) MEETING DATE: February 18, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement for Watershed Sanitary Survey with HDR Engineering, Inc., of Folsom, in the amount of $30,500. BACKGROUND INFORMATION: The California Code of Regulations, Title 22, Chapter 17, establishes the Surface Water Treatment Rule, which requires that surface water suppliers conduct a watershed sanitary survey of their watershed(s) at least once every five years. The main objective of the watershed sanitary survey is to assess the microbial contaminant loads and other potential contaminants. Conducting sanitary surveys on a regular basis plays a fundamental role in providing reliable and safe drinking water to the public. The City of Lodi is required by the State Water Resources Control Board to develop a watershed sanitary survey for the Surface Water Treatment Facility, which treats surface water received from the Mokelumne River. The 2015 watershed sanitary survey update will use as a basis the information included in the 2010 Watershed Sanitary Survey (2010 study) conducted by HDR. By using HDR to develop this year's survey, the cost is less than the original 2010 study. FISCAL IMPACT: Funds for the watershed sanitary survey are budgeted in the Water Operations budget. FUNDING AVAILABLE: Water Plant Operating Fund (56052005) Jordan Ayers Deputy City Manager/Internal Services Director F. Wally Sbindelin Public Works Director Prepared by Andrew Richle, Water Plant Superintendent FWS/ASR/smh cc: Kathryn Garcia, Compliance Engineer ---� � t1�Li�s�� - J ... ..- K:\WP\PROJECTS\WATER\SWTF Watershed Sanitary Survey\CC Watershed Sanitary Survey_ HDR 2015 doe 2/10/2015 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 HDR ENGINEERING, 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 WATERSHED SANITARY SURVEY FOR SWTF (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 March 1, 2015 and terminates upon the completion of the Scope of Services or on October 1, 2015, whichever occurs first. E 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 Liabilitv 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: Andrew Richle To CONTRACTOR: HDR Engineering, Inc. 2365 Iron Point Road, Suite 300 Folsom, CA 95630 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 0 CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager HDR Engineering, Inc. Bv: Name: Richard G. Stratton, P.E. 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: 56062005 (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\WATER\SWTF Watershed Sanitary Survey\HDR PSA Watershed Sanitary Survey CA:Rev.01.2015 8 E)2 hdrinc.com January 15, 2015 Mr. Andrew Richle Water Plant Superintendent City of Lodi - Public Works Department 221 West Pine Street Lodi, CA 95240 RE: HDR's Proposal for Watershed Sanitary Survey 2015 Dear Mr. Richle: The California Code of Regulations (CCR), Title 22, Chapter 17, establishes the Surface Water Treatment Rule (SWTR), which requires that surface water suppliers conduct a watershed sanitary survey of their watershed(s) at least once every five years. The main objective of the watershed sanitary survey is to assess the microbial contaminant loads and other potential contaminants. Conducting sanitary surveys on a regular basis plays a fundamental role in providing reliable and safe drinking water to the public. The City of Lodi (City) is interested in developing a watershed sanitary survey for the Surface Water Treatment Facility (SWTF), which treats surface water received from the Mokelumne River. The 2015 watershed sanitary survey update will use as a basis the information included in the 2010 Watershed Sanitary Survey (2010 study), and will include updated information on the following: • SWTF Operations (current and future plans). Lower Mokelumne Watershed Physical and Hydrogoelogical Description Summaries. The updated descriptions will summarize significant changes in activities and possible sources of contamination that have occurred since the 2010 study in the Mokelumne River watershed upstream of the Woodbridge Irrigation District (WID) canal intake to the Camanche Reservoir. The updated descriptions will focus on activities and sources that could affect the quality of the SWTF source water. ■ Water Quality Monitoring Data. HDR will include a summary of monitoring data since 2010 to assess the microbial contaminant loads and other potential contaminants at the SWTF intake. The degree of treatment required will be confirmed in terms of log removals of Giarda cysts, Cryptosporidium oocysts, and viruses. The data summary will be limited to January 1, 2010, through December 31, 2014. • Watershed Control and Management Practices. HDR will review current watershed management practices. Additional management practices will be identified that are economically feasible and within the City's legal authority. 2365 Iron Point Road, Suite 300, Folsom, CA 95630 T 916 817-4700 F 916 817.4747 Mr. Andrew Richle January 15, 2015 Page 2 The updated watershed sanitary survey will consider methods to comply with Section 64665 Watershed Requirements of the CCR Title 22 SWTR. In addition, the update will be conducted with reference and adherence to the Environmental Protection Agency (EPA) Guidance Manual for Conducting Sanitary Surveys of Public Water Systems (2009). Our proposed scope of work, schedule, and budget to provide the City with a 2015 watershed sanitary survey is provided in the paragraphs that follow. Scope of Work Task 1 — Kick-off Meeting and Background Data Review HDR will attend one kick-off meeting via conference call with City staff to discuss the overall plan for the 2015 watershed sanitary survey and coordinate data collection with the City. HDR will collect readily available information, including water quality data, for the: • SWTF operations (current and future plans). • Lower Mokelumne River Watershed (from Camanche Reservoir to the WID intake). WID Intake at Lodi Lake. HDR will focus on data collected since completion of the 2010 study and will review the following available information: • 2010 watershed assessment • State Water Resources Control Board's information on NPDES permits for dischargers within these watersheds. • Sewer septic information. This task includes review of information compiled by HDR for the City of Lodi Surface Water Treatment Facility and Transmission Project Final Design and recent water quality observations. Background information may include precipitation records, water quality data, land ownership and use, land use planning, existing agreements regarding watershed use, and the location of sources of contamination. HDR will also review updated sanitary surveys developed for watersheds upstream, overlapping, or adjacent to the Mokelumne River, which is the primary water supply source for the Lodi SWTF raw water intake. The City's raw water intake draws surface water from Lodi Lake. HDR will also provide updated summaries for the following watershed sanitary surveys prepared by other water agencies: • Mokelumne Watershed Sanitary Survey Update, as prepared by East Bay Municipal Utility District. 0 Other sanitary surveys if deemed appropriate. Mr. Andrew Richle January 15, 2015 Page 3 Task 2 - Identification of Potential Contaminant Sources The SWTF watershed sanitary survey will update information from the 2010 study related to natural and man-made activities on the watershed that have the potential to influence water quality at present or in the future. Naturally -occurring activities may include erosion, wild animals, and wildfires. For the Lodi Lake and Lower Mokelumne Watershed, man-made activities to be reviewed and identified include wastewater collection systems, wastewater and reclaimed water discharges, septic tanks, grazing animals, recreational activities (fishing, swimming, hiking, and camping), agricultural drainage, urban runoff, mining, and other activities identified and observed in the 2010 study. The update will focus on improvements or modifications made since 2010 that have the potential to impact water quality. The sanitary survey update will consider the documented field observations made during the construction of the City of Lodi SWTF, including observations on botanical, wildlife, and recreation activities. A one -day field visit with two HDR staff for observation of the watershed and verification and identification of potential contamination sources is included in this proposal. Task 3 - Water Quality Summary and Review For the water quality discussion, HDR will include the following information: • State and federal drinking water regulation updates since 2010. • SWTF operations updates, including sedimentation, membrane filtration and disinfection processes, and recent or proposed treatment changes (e.g., chemical additions) that may impact the plant's ability to meet future drinking water regulations. • Water quality monitoring data from existing and recent source water monitoring records for inorganic, organic, microbiological parameters (including total and fecal coliform, turbidity, and Giardia, Cyrptosporidium, and viruses), algae, and invasive species (including quagga and zebra mussels). HDR will review the City's water quality data and graphs to identify trends where they exist. The correlation between microbial loading and turbidity will also be evaluated. Task 4 - Watershed Management Control Program Definition HDR will review the City's current management practices in the Lower Mokelumne Watershed. HDR will compare these practices to the management practices recommended in the 2010 watershed assessment. Management practices that will be considered include routine water quality monitoring and field surveying, land use, erosion control, inspection and surveillance, emergency response, and public education. From these tasks, HDR will make recommendations that are within the City's authority to mitigate the impact of different activities on the watershed. Task 5 - Report Preparation HDR will prepare and submit a draft watershed sanitary survey update for the City and Division of Drinking Water (DDW) staff to review. The report will analyze existing conditions within the Mr. Andrew Richle January 15, 2015 Page 4 watersheds, expected developments, methods by which the watersheds are managed, and confirm degrees of treatment required. Comments from the City's and DDW's review of the draft report will be incorporated into the final watershed sanitary survey update. Assumptions: HDR has compiled much of the information and data required to update the sanitary survey through work on the previous 2010 study in addition to observations made during construction of the Lodi SWTF project. Therefore, only minimum field time (for additional observation) of one day is included in this proposal. The City will compile and provide all recent water quality data (since January 20 10) to be reviewed for this update, including data collected from WID intake along with additional water quality sampling data from the Lower Mokelumne watershed. The City will obtain and provide to HDR the most recent Mokelumne Watershed Sanitary Survey Update, as prepared by East Bay Municipal Utility District. The City will coordinate the review of the draft report with the City's designated DDW regional office. Deliverables: Five copies (color and wire bound) of the draft report will be submitted for review by the City and DDW staff, and five copies (color and wire bound) along with electronic files (PDF and Microsoft Word/Excel) of the final report. Task 6 - Review Meeting Following the City's review of the draft report, a meeting will be conducted between the City and HDR to receive comments. These comments will be incorporated into the final watershed sanitary survey update. It is assumed the meeting will be held via conference call. Deliverables: Meeting agenda and minutes. Task 7 — Project Management This task includes the management activities needed for on-time and on -budget project completion, and to address the City's concerns. HDR will prepare invoices, progress reports, and decision log updates on a monthly basis. The monthly progress reports will summarize budget and schedule status in measurable terms. Other activities include scheduling of staff and coordinating the quality assurance effort. Deliverables: Monthly progress reports, invoices, project guide, and decision log. Schedule HDR will complete the Draft Report described above by May 2015, assuming receipt of a notice to proceed by January 31, 2015. Assuming a one-month review period by the DDW, HDR will complete the Final Watershed Sanitary Survey by July 2015. Mr. Andrew Richle January 15, 2015 Page 5 Compensation Table 1 shows the estimated work effort and cost to perform the scope of work described above. We look forward to assisting the City on this effort. Please contact Rich Stratton at (916) 817-4819 or Rich. Stratton@hdrinc.com if you have any questions. Sincerely, HDR Engineering, Inc. Holly L.L. Kennedy, P.E. Vice President KP:pk/14268 Richard G. Stratton, P.E. Vice President Table 1 - Estimated Work Effort and Cost City of Lodi Watershed Sanitary Survey 2015 Task QA/QC Project Manager Project Engineer Drafting/ Controller Admin/ Total Hours Total Cost Labor (Stratton) (Pappas) (Green) Graphics (Wilson) Clerical 8 20 2 30 $4,600 1 Kick-off Meeting and Background Data Review 2 Identification of Potential Contaminant Sources 2 10 12 $1,800 3 Water Quality Summary and Review 2 4 12 18 $2,900 4 Watershed Management Control Program 4 12 16 $2,500 Definition 5 Report Preparation 6 8 40 16 16 86 $12,500 6 Review Meeting 4 6 10 $1,600 7 Project Management 8 5 8 21 $2,900 Subtotal Labor 8 38 100 16 7 24 193 $28,800 Expenses Technology Charge $800 Travel (Meetings, Field Visits) $300 Reprographics, Mail, Miscellaneous $600 Subtotal Expenses $1,700 TOTAL• $30,500 14268 1/15/2015 HDR Engineering, Inc. Exhibit C Insurance Requirements for Contractor 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: COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Bodily Injury — Per Person; $1,000,000 Bodily Injury— Per Accident; $1,000,000 Property Damage — Per Accident; or $1,000,000 Combined Single Limits 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 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 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 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 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. Page 11 of 2 pages Risk: rev.03.2014 Insurance Requirements for Contractor (continued) (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 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. (d) 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. (e) 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. (f) 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. (g) 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 name(s) of the insurer(s), and rate of interest. Contractor 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 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. (h) 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 Risk: rev.03.2014 RESOLUTION NO. 2015-13 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., OF FOLSOM, FOR WATERSHED SANITARY SURVEY WHEREAS, California Code of Regulations, Title 22, Chapter 17, establishes the Surface Water Treatment Rule, which requires that surface water suppliers conduct a watershed sanitary survey of their watershed(s) at least once every five years; and WHEREAS, the City of Lodi is required by the State Water Resources Control Board to develop a watershed sanitary survey for the Surface Water Treatment Facility, which treats surface water received from the Mokelumne River; and WHEREAS, the 2015 watershed sanitary survey update will use as a basis the information included in the 2010 Watershed Sanitary Survey conducted by HDR; and by using HDR to develop this year's survey, the cost is less than the original 2010 study. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement for the Watershed Sanitary Survey with HDR Engineering, Inc., of Folsom, California, in the amount of $30,500. Dated: February 18, 2015 I hereby certify that Resolution No. 2015-13 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 18, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None (JN IF*EF ERRAIOL0 City Clerk 2015-13