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HomeMy WebLinkAboutAgenda Report - March 18, 2015 C-11C,W, AGENDA ITEM • CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Task Order No. 37 with West Yost Associates, Inc., of Walnut Creek, for Permit Consulting Services ($39,200) MEETING DATE: March 18, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION Adopt a resolution authorizing City Manager to execute Task Order No. 37 with West Yost Associates, Inc., of Walnut Creek, for permit consulting services in the amount of $39,200. BACKGROUND INFORMATION: On January 13, 1999, the City of Lodi Council executed a Master Services Agreement with West Yost Associates, Inc. for consulting services for the implementation of the City's National Pollutant Discharge Elimination System (NPDES) permit. The City's new NPDES permits for the White Slough Water Pollution Control Facility (WSWPCF) became effective on November 23, 2013 and include NPDES Permit No. CA 0079543 for the operation of the wastewater treatment facilities and Waste Discharge Order R5-2007-0113-01 for the operation of the land application areas. In late September 2014, staff identified three inactive water wells located on the City property adjacent to the WSWPCF that had not been properly abandoned. In accordance with State regulations, these wells need to be abandoned to prevent them from providing a conduit for groundwater contamination or interfering with the evaluation of ongoing irrigation and biosolids applications on the WSWPCF property. Additionally, the State recently revised the Industrial Stormwater Permit, which becomes effective July 1, 2015. Surface water discharges of stormwater runoff from wastewater treatment plants that treat more than one million gallons per day are subject to the Industrial Stormwater Permit. This permit allows for an exemption for facilities that meet specific requirements and that file a Notice of Non -Applicability (NONA), along with a No Discharge Technical Report by July 1, 2015. If the facility does not qualify for exemption, further work not included in this task order will be required. Task Order No. 37 scope of services includes the categories of: Well Destruction Assistance, and Industrial Stormwater Permit Assistance. The well destruction assistance will include development of plans and specifications, permit work plan report and well destruction report. The Industrial Stormwater Permit assistance will include a report confirming runoff can be contained within the property, negotiations with the Regional Water Quality Board and completion of the NONA and No Discharge Technical Report. Staff recommends City Council authorize the City Manager to execute Task Order No. 37 with West Yost Associates, Inc. in the amount of $39,200. APPROVED: ep en Sch ba der, City Manager RAGROUP\WWW\West Yost & Assocs\Contract Management\WYA #cc T037.doc 3/3/2015 Adopt Resolution Authorizing City Manager to Execute Task Order No. 37 with West Yost Associates, Inc., of Walnut Creek, for Permit Consulting Services ($39,200) March 18, 2015 Page 2 FISCAL IMPACT: Compliance with waste discharge permit requirements limits the City's risk of incurring fines from the Regional Water Quality Board. The costs associated with this work have been included in the wastewater financial model. FUNDING AVAILABLE: Wastewater Operating Fund (530). Jordan Ayers Deputy City Manager/Internal Services Director 3/lb-pa" j1j..,4,9a- - F. Wally Sa elfin Public Works Director Prepared by Kathryn E. Garcia, Compliance Engineer FWS/KMG/smh Attachment R:\GROUP\WWW\West Yost & Assocs\Contract Management\WYA #cc T037.doc 03/03/2015 Task Order No. 37 City of Lodi WPCF Well Destruction and Industrial Stormwater Services West Yost Job Number 213-19-15-33 In accordance with the Task Order Agreement between City of Lodi (Client) and West Yost Associates, Inc. (Consultant), dated January 13, 1999, Consultant is authorized to complete the work scope defined in this Task Order according to the schedule and budget defined herein. WORK SCOPE The purpose of these services is to provide engineering services related to the demolition of three unused agricultural supply wells located on the City's properties surround the Water Pollution Control Facility (WPCF), and provide an evaluation of the existing stormwater runoff controls for the WPCF treatment areas. BUDGET The costs for Consultant's services as defined herein shall not exceed $39,200. COMPENSATION Compensation shall be in accordance with the provisions of the Task Order Agreement between Client and Consultant and the billing rate schedule contained in Attachment B of that Agreement. The compensation limit for services performed under this task order shall not exceed $39,200. If additional funds are required to complete the services defined herein beyond this limit, Consultant shall notify Client in writing prior to reaching the authorized limit, and will not proceed with work in excess of the limit without the prior written approval of Client. SCHMI TIF We estimate that a letter report summarizing the various wastewater treatment and disposal options can be completed within three weeks from notice to proceed. March 2, 2015 1 n\admin\c\k-o\2015\LodiTO37 West Yost Task Order WEST YOST ASSOCIATES, INC. Signature Printed Name Title Date March 2, 2015 West Yost Task Order Signature Stephen Schwabauer Printed Name City Manager Title Date Approved as to form City Attorney ' niadm inlc\k-o\2015\LodiTO37 WEST YOST 1haftAod- ASSOCIATES Consulting Engineers March 2, 2015 Mrs. Kathryn Garcia Regulatory Compliance Engineer City of Lodi 1331 South Ham Lane Lodi,CA 95242 SUBJECT: Proposal for Engineering Services - Destruction of Three Inactive Water Wells and Industrial Stormwater Permit Compliance Dear Mrs. Garcia: West Yost Associates (West Yost) appreciates the opportunity to provide this letter proposal to the City of Lodi (City) for engineering services related to two main tasks: (1) destroying three inactive water wells located on City property near the White Slough Water Pollution Control Facility (WPCF) and (2) developing materials for the City to potentially gain exemption with the State Water Resources Control Board's (State Water Board's) General Permit for Storm Water Discharges Associated with Industrial Activities (Industrial Stormwater Permit). This proposal provides background information for each task, as well as a scope of services, budget, and schedule to complete the tasks. TASK 1: DESTROY INACTIVE WELLS Background Information West Yost and City staff have identified three inactive wells on WPCF property that need to be properly abandoned to ensure that these wells do not provide a conduit for groundwater contamination and interfere with the evaluation of ongoing irrigation and biosolids applications on the WPCF property. The following information, including observations from a field inspection on October 6, 2014, has been obtained for the three inactive water wells, which will be referred to herein as Wells #1, #2, and #3. Well #1 is located on agricultural land (APN 055-15-15). A State Department of Water Resources (DWR) Water Well Drillers Report (Drillers Report) was obtained for Well # 1 only. The Drillers Report indicates well construction was completed on June 29, 1967. Although Well #1 has been assumed to have been used for irrigation water supply, the Drillers Report indicates the proposed use was municipal. The Drillers Report also indicates the well was constructed with 16 -inch diameter steel casing from ground surface to a depth of 54 feet, 12 -inch diameter steel casing from 54 feet to 104 feet with a screen interval from 62 to 80 feet, and a cement grout seal from ground surface to 50 feet. However, during the field inspection the well casing at ground surface 1777 Botelho Drive, Suite 240 Walnut Creek, CA 94596 Phone 925-949-5800 Fax 925 949-5845 westyost.com Mrs. Kathryn Garcia March 2, 2015 Page 2 was measured to be 14 inches in diameter; the well depth was measured to be approximately 80 feet. Well #1 is located approximately 12 feet east-southeast of WPCF monitoring well WSM- 7 and 30 feet west of North Thornton Road. Well #2 Well #2, located on agricultural land (APN 055-15-004 or 055-13-013), is also assumed to have been used for irrigation water supply. The well is approximately 60 feet deep and is constructed of 6 -inch diameter steel casing at the ground surface. The well is located approximately 30 feet west of North Thornton Road and approximately 1,100 feet southeast of Well #1. WPII #3 Well #3, located on agricultural land (APN 055-15-004), is also assumed to have been used for irrigation water supply. The well is approximately 132 feet deep and is constructed of 14 -inch diameter steel casing at the ground surface. The well is also located approximately 30 feet west of North Thornton Road and approximately 3,300 feet southeast of Well #2. An unknown quantity of an oily material was also observed in Well #2. Information provided by City staff following the field inspection indicated the material was likely to be a vegetable -grade mineral oil used to lubricate a well pump (although no pump is presently installed at the well site). Scope of Services The scope of services for Task 1 consists of the following tasks: Task 1.01. Prepare Well Destruction Specifications and Obtain Permits Under this task, West Yost will obtain the information needed to prepare specifications for the well destructions and obtain well destruction permits. Pertinent activities would include: • Identification of San Joaquin County Environmental Health Department -approved well destruction methods and procedures (San Joaquin County Ordinance Code Section 9-1115.6) and permitting requirements and fees; • Evaluation of methods and procedures to sample, remove, and properly dispose of the oily material in Well #1; • Evaluation of methods and procedures to destroy Well #1 due to its close proximity to monitoring well WSM-7 to avoid potential damage; • Provide support to the City for its preparation of a bid request, solicitation, and review of bids from California -licensed and San Joaquin County -approved well drillers for two County -approved well destruction methods to determine the most cost-effective method; • Communications with San Joaquin County Environmental Health Department staff to confirm well destruction methods and procedures based on well -specific conditions; WEST Y Q 5 T ASSOCIATES w\m\c\1odi\Ip\030115_1 LP Mrs. Kathryn Garcia March 2, 2015 Page 3 • Communications with the City on recommended well destruction plans including conditions at ground surface (i.e., depth of well casing removal and concrete cap); and • Coordinate with the City, San Joaquin County Environmental Health Department, and selected driller(s) to obtain three well destruction permits prior to destruction of the wells. • Provide support to the City for its contracting with the selected driller(s) and other potential subcontractors (e.g., utility clearance, analytical laboratory, waste transportation and disposal). West Yost will provide a draft well destruction specifications to the City for review. Following receipt of any comments, West Yost will finalize the specifications for use by the City in soliciting bids. Task 1.02. Implement Well Destruction Work Plan West Yost staff will coordinate, oversee, and document the well destruction work performed in accordance with the City -approved Work Plan by the driller(s) retained by the City. West Yost staff will coordinate with the City and will provide required notices to the San Joaquin County Environmental Health Department for potential inspection of the well destruction work. Task 1.03. Report Well Destruction Activities West Yost will prepare a Well Destruction Report (Report) to document the well destruction activities completed. West Yost will provide a draft Report to the City for review. Following receipt of any comments, West Yost will finalize the Report. As part of this task, well destruction documentation will be provided to San Joaquin County Environmental Health Department in accordance with permit requirements. DWR Form 188 will be completed, signed, and submitted for the well destructions. TASK 2: DEVELOP MATERIALS TO COMPLY WITH INDUSTRIAL STORMWATER PERMIT Background Information The State Water Board recently adopted a revised Industrial Stormwater Permit that becomes effective July 1, 2015. Surface water discharges of stormwater runoff from wastewater treatment plants (WWTPs) that treat more than 1 million gallons per day are subject to the Industrial Stormwater Permit. The permit allows for a facility that would otherwise require coverage under the permit to be exempted from coverage if the facility meets either of two "no discharge" eligibility requirements. These no discharge eligibility requirements require either that the facility is designed and constructed to contain the "maximum historic precipitation event" to prevent surface water discharge or that the facility is located in an area that is not hydrologically connected to surface waters. A Notice of Non -Applicability (NONA), along with a No Discharge WEST Y Q 5 T ASSOCIATES w\m\c\1odi\Ip\030115_1 LP Mrs. Kathryn Garcia March 2, 2015 Page 4 Technical Report, needs to be filed with the State Water Board by the permit's effective date of July 1, 2015. A complicating factor in determining whether the WPCF would have no discharge and thus be exempt from coverage is that the Industrial Stormwater Permit does not clearly identify whether areas surrounding a WWTP that are used for discharge (e.g. recycled water irrigation, cannery process water land application, and biosolids reuse) also require coverage under the permit. These areas may have stormwater runoff to surface water because a portion of the land application area is located within the 100 -year floodplain. West Yost has recently discussed the Industrial Stormwater Permit with Regional Board staff to clarify whether the reuse and biosolids land application areas surrounding the City of Galt WWTP are exempt from coverage, and this assessment is under review by the Regional Board's legal staff. If the WPCF is not exempt from coverage under the Industrial Stormwater Permit, then the permit requires that Permit Registration Documents (PRDs) be filed and that a Stormwater Pollution Prevention Plan (SWPPP) be prepared that evaluates onsite stormwater pollutant sources and details Best Management Practices (BMPs) to control the quality of stormwater runoff from the site. Scope of Services The scope of services for Task 2 involves evaluating whether the City can meet the "no discharge" requirements under the Industrial Stormwater Permit and thus be exempt from coverage. In addition, if the City is exempt, this scope includes providing assistance to the City in completing the paperwork necessary to meet the Industrial Stormwater Permit compliance requirements. The scope of services below do not include preparation of the documentation needed if it is determined that the City is not exempt from the Industrial Stormwater Permit requirements. Task 2.01. Evaluate No Discharae ADDlicabili West Yost will prepare a Stormwater Management Practices Technical Memorandum (TM) detailing whether the existing stormwater collection facilities for the WPCF (not including the land application area) can adequately contain runoff within the existing catchment and storage areas during a maximum historic precipitation event. This assessment will also verify that the WPCF stormwater catchment and storage areas are outside the 100 -year floodplain. In addition, the TM will describe the City activities on the land application properties and their potential for discharge to surface waters during extreme flooding events. The purpose of this TM will be to provide the details needed by the Regional Board to make a decision regarding the applicability of the General Permit to the City's WPCF and surrounding properties. Task 2.02. Assist City with Water Board Negotiations West Yost will assist the City in discussions with Regional Board staff regarding the stormwater regulations. One meeting is assumed. Given the uncertainty of the applicability of the Industrial Stormwater Permit, the specific work efforts under Task 2 cannot reasonably be WEST YOST ASSOCIATES w\m\c\1odi\Ip\030115_1 LP Mrs. Kathryn Garcia March 2, 2015 Page 5 determined at this time. Therefore, the fee estimate for Task 2 is based on West Yost's best estimate of the City's potential needs for compliance with the Industrial Stormwater Permit. Services will be limited to work that can be completed within the available budget. All work will be performed on a time and materials basis, and monthly invoices/reports will detail the efforts and costs. Depending on the level of effort required, a scope and budget amendment may be necessary in the future Task 2.03. No Discharae Technical Report and NONA Documentation If the WPCF is determined to be exempt, West Yost will modify the Stormwater Management Practices TM to meet the requirements of a No Discharge Technical Report for City submittal to the State Water Board. In addition, West Yost will develop the NONA documentation for City submittal to the State Water Board. BUDGET The total budget for the scope of work described above is estimated to be $44,700. A summary of the budgeted costs by task is shown in the table below. West Yost will perform the work on a time and materials basis at standard company charge rates, and will not exceed the estimated cost without written authorization. If additional budget is required to complete work identified herein, West Yost will notify the City before exceeding the authorized budget amount. Inactive Well Abandonment Estimated Fee Task Description dollars 1 Well Destruction Assistance 18,300 2 Industrial Stormwater Permit Assistance 20,900 Total Estimated Fee $39,200 SCHEDULE Work will begin upon notice to proceed from the City. For Task 1, West Yost plans to provide the specifications to the City within 14 days of notice to proceed. The schedule for performing the well destructions and completing the permitting will be determined following the City's selection of the driller(s) and coordination with the San Joaquin County, Environmental Health Department. West Yost will provide the draft Well Destruction Report to the City within 14 days of completing the field activities. WEST Y Q 5 T ASSOCIATES w\m\c\1odi\Ip\030115_1 LP Mrs. Kathryn Garcia March 2, 2015 Page 6 For Task 2, West Yost will provide the draft Stormwater Management Practices Technical Memorandum within 21 days of notice to proceed. The schedule for coordination with the Regional Board and completion of the No Discharge Technical Report and NONA will be contingent upon Regional Board review. West Yost will work with the City and Regional Board staff to complete the documentation needed to allow for registration under the Industrial Stormwater Permit by July 1, 2015. West Yost appreciates the opportunity to provide these services to the City. Please contact me if you have any questions or need additional information. Sincerely, WEST YOST ASSOCIATES Kathryn Gies Engineering Manager Attachments KEG: ap WEST Y Q 5 T ASSOCIATES w\m\c\1odi\Ip\0301 15_1 LP WEST YOST 2015 Billing Rate Schedule - (Effective January 1, 2015 through December 31, 2015) A 5 S O C[ A T E S Consulting Engineers ENGINEERING Principal/Vice President 239 Engineering/Scientist/Geologist Manager II 228 Engineering/Scientist/Geologist Manager 1 219 Principal Engineer/Scientist/Geologist II 211 Principal Engineer/Scientist/Geologist 1 199 Senior Engineer/Scientist/Geologist II 187 Senior Engineer/Scientist/Geologist 1 178 Associate Engineer/Scientist/Geologist II 169 Associate Engineer/Scientist/Geologist 1 158 Engineer/Scientist/Geologist II 148 Engineer/Scientist/Geologist 1 128 Senior GIS Analyst 174 GIS Analyst 164 CAD Supervisor 138 Senior CAD Designer 120 CAD Designer 107 Engineering Aide 72 Technical Specialist IV 135 Technical Specialist III 120 Technical Specialist II 104 Technical Specialist 1 87 Administrative IV 109 Administrative 111 99 Administrative 11 82 Administrative 1 65 • Technology and Communication charges including general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses will be billed at 6% of West Yost labor. • Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, Travel, etc. will be billed at actual cost plus 15%. • Mileage will be billed at the current Federal Rate. • Subconsultants will be billed at actual cost plus 10%. • Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. • A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. Continues on following page *This schedule is updated annually WEST YOST 2015 Billing Rate Schedule - (Effective January 1, 2015 through December 31, 2015) ASSOCIATES Consulting Engineers CONSTRUCTION MANAGEMENT Senior Constructimanager Construction Manager IV 17 230 200 Construction Manager III Construction Manager II 0 5 160 150 140 156 150 134 Resident Inspector (Prevailing Wage – Group 1) Resident Inspector (Prevailing Wage – Group 2) Resident Inspector (Prevailing Wage Resident Inspector_(Prevailing Wage Apprentice Inspector LCM Administrative CM Administrative 1 – Group 3) – Group 4) 120 110 80 60 SURVEYING GPS, 3 -Person 365 GPS, 2 -Person 317 P 1-P r n 246 Survey Crew, 2 -Person 268 Survey Crew, 1 -Person 202 EQUIPMENT CHARGES DO Metes 17 83 pH Meter 5 26 Sampler 130 712 Transducer/Data Logger 41 206 Hydrant Pressure Recorder (HPR) — 206 Hydrant Wr h Well Sounder 29 134 Ultrasonic Flow Meter 269 Vehicle 88 445 Velocity Meter 12 65 Water Quality Multimeter 176 964 *This schedule is updated annually West Yost Associates EM/SM/GM II PE/PS/PG II SE/SS/SG I ESG I ADM III Labor TOTAL ($) Sub. WEN Costs Hours Fee Technology Sub. Other Total 6 $228 $211 $178 $128 $99 $ 491 & Admin 8,675 w/ markup Direct Costs PROJECT: WPCF Well Destruction and Industrial Stormwater Se KEG/JFS MLY CEH PJO 1,680 $ 101 6% 1,781 10% 4 12 52 DevelopTask 2 Materials to Comply with Industrial Stormwater Permit 44 52 38 58 18 210 TOTAL ($) $ 10,032 $ 10,972 2.01 Evaluation No Discharge Applicability 2 44 12 Task 1 Destroy Inactive Wells 1.01 Prepare Well Destruction Work Plan 16 12,074 6 24 $ 4 50 $ 8,184 $ 491 $ 8,675 1.02 Obtain Permits 4 $ 3,443 6 2 8 10 $ 1,680 $ 101 $ 1,781 1.03 Implement Well Destruction Work Plan 4 12 52 2 16 22 $ 3,316 $ 199 $ 3,515 1.04 Report Well Destruction Activities 8 $ 2 12 1,181 4 26 $ 4,112 $ 247 $ 4,359 Subtotal, Task 1 (hours) 32 j 0 j 10 j 58 j 8 j 108 Subtotal, Task 1 ($) $ 7,296 1 1 $ 1,780 1 $ 7,424 1 $ 792 = $ 17,292 $ 1,038 $ 18,330 DevelopTask 2 Materials to Comply with Industrial Stormwater Permit 44 52 38 58 18 210 TOTAL ($) $ 10,032 $ 10,972 2.01 Evaluation No Discharge Applicability 2 44 12 2 60 $ 12,074 $ 724 $ 12,798 2.02 Regional Board Meeting 8 8 16 $ 3,248 $ 195 $ 3,443 2.03 Prepare No Discharge Technical Report 2 8 8 8 26 $ 4,360 $ 262 $ 4,622 Subtotal, Task 2 (hours) 12 52 28 0 10 102 [Subtotal, Task 2 ($) $ 2,736 $ 10,972 $ 4,984 $ 990 $ 19,682 $ 1,181 $ 20,863 TOTAL (hours) 44 52 38 58 18 210 TOTAL ($) $ 10,032 $ 10,972 $ 6,764 $ 7,424 $ 1,782 $ 36,974 $ 2,218 $ 39,192 W:\Marketing\Clients\City of Lod i\201 5 -2 -26 -Destruction and SW\Well Destruction and SW -Fee Estimate(2015 Billing Rates) V2.3.xlsm 3/2/2015 wt S i rOS i b-16411,bA ASSOCIATES TASK ORDER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LODI AND WEST YOST & ASSOCIATES, INC. THIS TASK ORDER AGREEMENT, hereinafter referred to as "Agreement," made and entered into on this 13' day of January 1999, by and between the City of Lodi, hereinafter referred to as "Client," and West Yost & Associates, Inc., hereinafter referred to as "Consultant." X`��11.11�A WI-IEREAS, Client is proceeding with preparation of a wastewater treatment and disposal systems master plan that requires the services of a consultant; and WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to accomplish such work as may be requested by Client; NOW, THEREFORE, Client and Consultant agree as follows: DESCRIPTION OF PROJECT Services provided shall be as described in written task orders made pursuant to and referencing this Agreement, but in general shall include engineering services. II. SCOPE OF SERVICES Consultant agrees to perform those services described in separate written task orders signed by Client and Consultant. Unless modified in writing by both parties, duties of Consultant shall not be construed to exceed those services specifically described in each task order. III. TIME FOR COMPLETION The time for completion of work shall be as identified in each task order issued pursuant to this Agreement. IV. COMPENSATION For services to be performed by Consultant, as described in each task order, Client agrees to pay, and Consultant agrees to accept, compensation as identified in each task order. Consultant shall invoice Client on a time and materials cost basis for services provided under this Agreement in accordance with the Billing Rate Schedule contained in Exhibit A unless task orders specifically indicate otherwise. Consultant shall submit invoices for services as prescribed in each task order. Client shall pay such invoices within 30 days after their receipt. If payment is not made within 30 days, interest on the unpaid balance will accrue at a rate of one (1) percent per month compounded monthly. January 13, 1999 1 Contracts\LodiTOA WYA TOA V. RESPONSIBILITY OF CONSULTANT Consultant agrees that in undertaking the duties to be performed hereunder, it shall act as an independent consultant for and on behalf of Client. Client shall not direct the work and means for accomplishment of the services and work to be performed hereunder. Client, however, retains the right to require that work performed by Consultant meet specific standards without regard to the manner and means of accomplishment thereof. VI. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Client, their directors, officers, and employees from and against claims, damages, losses, and expenses (including reasonable attorneys' fees), arising out of performance of the work, provided that any such claim, damage, loss, or expense is caused bynegligent acts or omissions of Consultant, any subconsultant employed directly by Consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable. /1 h Yi7,WiW Consultant shall procure and maintain the following insurance policies, each of which shall provide primary coverage with respect to work performed under this Agreement. 1. Comprehensive General Liability Insurance. Insurance including premises/operations, products/completed operations, blanket contractual, and broad -form property damage liability coverages. The combined single limit for bodily injury and property damage shall not be less than $1,000,000 per occurrence, and $2,000,000 per year in aggregate. 2. Automobile Bodily Injury and Property Damage Liability. Insurance covering owned (if any), non -owned, rented, and leased cars. The limit shall not be less than $1,000,000 per occurrence. 3. Workers' Compensation and Employer's Liability. Insurance as prescribed by applicable law, including liability under the Longshoreman's and Harbor Workers' Act and the Jones Act, if applicable. The employer's liability limit shall not be less than $1,000,000. 4. Professional Liability Insurance. Insurance covering losses resulting from errors or omissions of the Consultant. The limit of liability shall not be less than $1,000,000 per claim and in the aggregate. VIII. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by either Client or Consultant without the prior written consent of the other. January 13, 1999 2 Contracts\LodiTOA WYA TOA Except as herein provided, this Agreement shall inure to the benefit of the assigns, heirs, and successors of the parties to this Agreement. X. TERMINATION Client may terminate this Agreement for its convenience. Consultant shall be compensated for work performed to the date of termination including a reasonable amount for profit and cost to terminate work. In the event Consultant shall persistently fail to perform services and work hereunder in a manner satisfactory to Client, this Agreement may, at Client's option, be terminated. Consultant shall be compensated for completed and useful work performed to the date of termination. XI. JURISDICTION This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state. 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 full force and effect. All claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, which are not disposed of by mutual agreement, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. No arbitration arising out of or relating to this Agreement shall include any person not a party to this Agreement except by written consent signed by the parties hereto and persons to be joined. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. Notice of demand for arbitration shall be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, but in no event after the date when the institution of legal or equitable proceedings would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered in accordance with applicable law in any court having jurisdiction. XIII. LIABILITY LIMITATION PROVISION Should Consultant or any of its officers, employees, or agents be found to have been negligent in the performing of professional services or work, or to have breached any express or implied warranty, breached any representation or any provision of this Agreement, Client, all persons or entities claiming through Client and all persons or entities claiming to have in any way relied upon or been damaged by Consultant's services or work agree that the maximum aggregate amount of the liability of Consultant, its officers, employees and agents shall be limited to the total amount of January 13, 1999 3 Contracts\LodiTOA WYA TOA the fee paid to Consultant by Client for its work performed with respect to the project, or $500,000, whichever is greater. The Agreement price is predicated on this limitation of liability. Should Client object to this provision, then the Agreement price will be renegotiated by Consultant and Client to account for the increase in Consultant's potential liability. Any objection by Client to this limitation on liability must be conveyed to Consultant before Client's acceptance of this Agreement. XIV. INTEGRATION This Agreement represents the entire understanding of Client and Consultant 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. XV. SUBCONTRACTS Except with prior written approval of Client, Consultant shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. WES'LXOST & ASSOCIATES, INC. Bruce G. West Printed Name Principal Title Date attachment CITY OF LODI Y// d, - C- " )--- -- u7:: H. Dixon Flynn Printed Name City Manager Title ATTEST: Alice M. Reiache, City Clerk Date Approved as to form Randall A. Hays City Attorney January 13, 1999 4 Contracts\LodiTOA VVYA TOA Exhibit A WEST YOST & ASSOCIATES Billing Rate Schedule (Effective July 5, 1998 through December 31, 1999)* Billing Rate Position (dollars per hour) Principal 137 Engineering Manager 129 Principal Engineer/Scientist 118 Senior Engineer/Scientist 107 Associate Engineer/Scientist 96 Assistant Engineer/Scientist 86 Junior Engineer/Scientist 74 Sr. Designer/Sr. CADD Operator 76 Designer/CADD Operator 68 Draftsman 56 Technical Specialist 56 Engineering Aide 45 Word Processor/Administrator 47 Technician 50 Office Assistant 33 Direct expenses (telephone, reproduction, postage, etc.) will be billed at actual cost plus 15%. Mileage will be billed at $0.35 per mile. Subconsultants will be billed at actual cost plus 10%. Billing rates apply to all computers and equipment, whether owned or rented by WYA, and to all employment categories including regular full-time, part-time, temporary, and contract employees as defined in WYA's Employee Handbook. Computers are billed at $10, $15 and $25 per hour for general usage, specialty models, and AutoCAD, respectively. A Finance Charge of 1 percent per month (an Annual Rate of 12 percent) on the unpaid balance will be made if not paid within 30 days from the date of the invoice. *This schedule will be updated annually January 13, 1999 A-1 Contracts\LodiTOA WYA TOA WEST YOST & ASSOCIATES Billing Rate Schedule (cont'd.) SURVEYING AND EQUIPMENT CHARGES (Effective July 5, 1998 through December 31, 1999)* Position Survey Crew, 2 -Person EQUIPMENT CHARGES Vehicle Usage Water Depth Probe DO Meter pH Meter Ultrasonic Flow Meter *This schedule will be updated annually $45/day $10/day $15/day $5/day Exhibit A Billing Rate $136/hr $200/wk $40/wk $60/wk $20/wk $200/wk January 13, 1999 A-2 Contracts\LodiTOA WYA TOA RESOLUTION NO. 2015-32 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER NO. 37 TO THE MASTER PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST ASSOCIATES, OF WALNUT CREEK, FOR WELL DESTRUCTION AND INDUSTRIAL STORMWATER PERMIT ASSISTANCE AT THE WHITE SLOUGH WATER POLLUTION CONTROL FACILITY WHEREAS, on January 13, 1999, a Master Services Agreement was executed with West Yost Associates, Inc., for consulting services for the implementation of the City's National Pollutant Discharge Elimination System permit; and WHEREAS, in late September 2014, staff identified three inactive water wells located on City property adjacent to the White Slough Water Pollution Control Facility (WSWPCF) that had not been properly abandoned; and WHEREAS, in accordance with State regulations, the wells need to be abandoned to prevent provision of a conduit for groundwater contamination or interference with the evaluation of ongoing irrigation and biosolids applications on the WSWPCF property; and WHEREAS, the State recently revised the Industrial Stormwater Permit, which becomes effective July 1, 2015; and WHEREAS, surface water discharges of stormwater runoff from wastewater treatment plants that treat more than one million gallons per day are subject to the Industrial Stormwater Permit; and WHEREAS, the permit allows for an exemption for facilities that meet specific requirements and that file a Notice of Non -Applicability and a No Discharge Technical Report by July 1, 2015. If WSWPCF does not qualify for the exemption, further work not included in this task order will be required; and WHEREAS, Task Order No. 37 Scope of Services includes well destruction assistance and Industrial Stormwater Permit assistance. The well destruction assistance will include development of plans and specifications, permit work, plan report, and well destruction report. The Industrial Stormwater Permit assistance will include a report confirming runoff can be contained within the property, negotiations with the Regional Water Quality Board, and completion of the Notice of Non -Applicability and No Discharge Technical Report; and WHEREAS, staff recommends City Council authorize the City Manager to execute Task Order No. 37 with West Yost Associates, Inc., in the amount of $39,200. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Task Order No. 37 to the Master Professional Services Agreement with West Yost Associates, of Walnut Creek, California, in the amount of $39,200, to provide consulting services for well destruction assistance and Industrial Stormwater Permit assistance at the White Slough Water Pollution Control Facility. Dated: March 18, 2015 I hereby certify that Resolution No. 2015-32 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 18, 2015 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Kuehne and Mounce ABSTAIN: COUNCIL MEMBERS — None NNIFER FERRAIOLO City Clerk 2015-32