HomeMy WebLinkAboutAgenda Report - November 4, 2015 C-13AGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
TM
C- 13
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Petralogix Engineering, of Galt, for Engineering and Environmental
Services to White Slough Water Pollution Control Facilities ($66,725), and
Appropriate Funds ($100,000)
MEETING DATE:
PREPARED BY:
November 4, 2015
Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional
Services Agreement with Petralogix Engineering, of Galt, for
engineering and environmental services to White Slough Water
Pollution Control Facilities in the amount of $66,725, and appropriate funds in the amount of $100,000.
BACKGRUND INFORMATION: White Slough Water Pollution Control Facility was recently selected by
the California Department of Water Resources (DWR) to receive a
$4,600,000 Proposition 84, Delta, San Joaquin River, and Sacramento
River Water Quality Program Grant that is only offered to agencies located within the Sacramento San
Joaquin Delta Area. The grant will fund onsite recycled water storage facilities and improve groundwater
supply in the region. Petralogix Engineering was instrumental in identifying the grant opportunity and
preparing the grant application. Petralogix Engineering is currently under contract to provide grant funding
award assistance to the City by facilitating the re -scoping of the project to match the amount of the grant
and working with DWR to receive funding credit for past work performed within the project area.
The next step in the grant award process will be to complete an environmental review of the project under
the guidelines set forth in California Environmental Quality Act. The attached scope of services will perform
the biological, archeological, cultural and geophysical studies prerequisite to preparation of the Initial Study
and eventual Mitigated Negative Declaration.
Staff recommends approval of the Professional Services Agreement and appropriating funds in the amount
of $100,000 to cover the contract work and associated staff time.
FISCAL IMPACT: Expenditures will count toward the City's 25 percent local share obligation of
the grant award.
FUNDING AVAILABLE: Wastewater Plant Operating Fund (53053003)
Jar an Ayers
Deputy City Manager/Internal Services Director
.Cor F. Wally Sandelin
Public Works Director
Prepared by F. Wally Sandelin, Public Works Director
FWS/FWS/tb
Attachment
anager
&SE 4t 10126/2015
KAWP\C0UNCIL\2015\CC# Petralogix.doc
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 LORI, a municipal corporation (hereinafter ,CITY,,), and
PETRAL.OGIX ENGINEERING (hereinafter "CONTRACTOR").
Section 1.2 jLuEpo§e
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 CEQA Proposal
Initial Study/Mitigated Negative Declaration (IS/MND) for White Slough Water, Pollution
Control Facility Expansion 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 §,gope o�f l 6 rviceq
e
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 Tirne For Coniniencennent and CompGetion of Wo�Lk
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
I
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comr,nents.
Section. teetin
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 taffirW,
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 sl-iall 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 November 10, 2015 and terminates
upon the completion of the Scope of Services or on November 9, 2016, whichever
occurs first.
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ARTICLE 3
COMPENSATION
Section 3.1 Cominpinsation
CONTRACTOR's compensation for all work Linder this Agreernent, stiall 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 Cl TY.
Section 3.2 Method of eras
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 Linder
this Agreement shall riot 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 Audiging
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.
Q
ARTICLE 4
MISCELLANEOUS PROVISIONS
SeGflon 4.1 Nondiscrimi nation
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 ConM-lliance
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 Rq�opsibil
.2�iLo r D a n- iq�e
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers frorn 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 .i iiIt
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Re
Ap qj�Ls i
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 Reclqirements 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 SUccess-ors and Asslifl'!L-li
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 riot assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any Such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows-,
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn-. Karen Honer
To CONTRACTOR: Petralogix Engineering
26675 Bruella Road
Gait, CA 95632
Attn-. Daniel Kramer.
Section 4.9 go2p�q r non of
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 Efflpjgyee 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
M
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 accorn pl ish merit 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 ir-riniediately 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 coryipleted or for contracts
entered into by CONTRACTOR with third pat -ties in reliance upon this Agreement.
Ser-flon 4,12 Confidentialitv
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. CONTRAc-rOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Apl?lLi
qabLe 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.
10
SeGfion 4.14 si gguiijLe
IMent
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license arid CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 qapfionq
The captions of the sections and subsections of this Agreement are for
convenience only and shall riot be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 int ration 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 Severabilitv
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 in -formation collected, work product and
documents shall be delivered by CONTRACTOR to crry within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Ant
�� —LS tL1 —0ri!Y
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Fundina Conditions
if the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, arid the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreernent as of the date first above written.
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
APPROVED AS TO FORM:
JANICE D, MAGDICH, City Attorney
By:
CITY OF LORI, a municipal corporation
STEPHEN SCHV\/ABAUER
City Manager
PETRALOGIX ENGINEERING
By:
Name: DANIEL E. KRAMER
Title: President
Attachments�
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — insurance Requirements
Exhibit D — Federal 'Tr ansit Funding Conditions (if applicable)
Funding Source° 53053003
�B—usiness Unit & Account No.)
Doc ID:I<:\VVP\I:IRO,JEC-FS\PSA's\2015\Pet,talogix PSA,doc,
CA:Rev.01.2015
8
AW&gN EMAWWW" K'%
b67S H`cuullw
Septe,.-nhei 2AI, ,-'015,
Propow! EQ. 10045
Atun-u Wally SandeRn
C
-- P"'Ohlic Works
221 VvIes P we swev!
L"L CA Q524(),
Subject, StuWy/Nihigated Negative Declara..U- n 1",or U',"v'-,,
White Slough Waste Water
Mr. OWN
vi'i e-. app re.,ciate., the uppoNnnky to provide you Wth our
proposa-I U) pet-forrn ,:I. -,QA se . v�.ces
to the City
of Lodi,
Below you at! Find
an entimawd cwL and"
hnnedinzv for 10-te necessary
(,[,Q,'-�
con-inharwe
ii�,e.nis as ruKked
hv State WdMe and. the Deparvn-ler".'c. of re"soi.11-ces
for
ProposOcion 84 i r( '.int IFumcling Conapliance,
Scope of Work
Pen-< logix -will prepane- ar, exi-,mrided 'Irdi:ial S--udy`tP pursu.ant to Ulie C-,--ififocZia
Quality Act [CEQA) (PubHc Resou-mes Codo DWAUnt 13, secdons 2100() seci',) to deten-ni.,ae the
lasibHuy of adopting a Niligated Negadve DeNration, or the need for a RAI Environmental impact
Report (EIii. .it. is aiskyawd Nat the required ii C: a, Negai.ive
Deduatiom'-
1:vIlitigated', Neg,Ne adawon is to be prepue? PeNtogils scope of wok &H kalude We
NTOWIp'-:
Preparaluoti ofl]-ie Niegative 1,PAHND)
Preparation of Me NoRe of `t. (NOC - I
Productum and sulmnittal of fifteen 1,15) cupies of the !S/NIND to the Governort owe
of PlannPrig and Research, SMe Clearinghose ufor 30, day ipublic rev'iew
ProdwWon of up Eo, tTventy (20) copies of the ISstn D For City us E and WSWWWOD,
-,pcirnse. to corrinnents
Preparation nF the Mitigation Ndondioriiig, and I'Ref',,orting Progricn (NUAI)HN,
bloucing of adjacew. property owners, intevested pacbes, locai agencies
NoLice posted W he WcA newspaper (cost of ad nut includedj
Nwke posred on be proposed facility
Notice of Detenanination
Attendance at- one pulAic iway. ing/[-joard meeUng
\/V
WY uC..(7i,..
Ppoposd A, LOOK;
Unr ,_01 mem cosy i ,1:. e we pope and services etilt. .. udi (Q. . 5gy, archaeology',
hae rlogy',
eon), .:n_,!,t 1, k . t _..i 41 tit _ ..... "he Cr—'ah"
_.'� ,a .....
h.&OW& m£ L! and _:T-rtf -sa , (M._e{tte ? , k yt , _ 'I,:..... ,Jil r S.4t1 e (31,1
_ t- ard ^ r o(APS') it 4i� y;, i y tuSTi2i;"ice
Table 1, Cost. Break.un.a
"ASK#DESCRIPTION� UNIT
� RATE TOTAL FEE r
1� t pa E3 (D t E 140
$11030 $1 5A t)OMO �
2
WMND preparation I' an 60
010
$110AG $&60010
3
E rti pai 4M1 it ND aimed Fil€.
$1 2 ,0mo $1250M
1'u'bhc Nfeetings and MttMC;13 i
$1500MO $I10010
BiJmj; cm 'ctil$>wm no 100
$ 1 6,7bo $.f t),500bo
Ar �Paa�p l gWW St�EtQgSury—y* ��;
`�14 r O $1337510
Se.n ior 1echt7ical Review %0$185.00
$3,700.00
Sam F „Fees
�a.t'�=1��iat�r�,`ic,s,��,."�,cd_"t�Cs�r
,%"= L,
owm�yk Fees and NAMP of 10%1
tui._{:. Fra SR t5,...S G. i e 35 !.'3 e:°r
'. `t i i ixieri9i`:iiit7ll (_ i':aji`1�
6. Weeks
?
iS/iAIND P re, x."-;tt,C➢'. (7 t.`'��i ; �'ci,�,� I A,1„e<..,�
141.2 Weeks i
w
premrarion !1 N OC and He t ; - , s
k f
1 Week
4
! ulblic Ivi titin , and Ctit-ech
S,
Biok)gjcai Consultant*
` - `�%'` 'aks
✓
3 1. �'1 Lf1'�3 'SI iJt 3014 S..r `
lY' I MAW
1
f e nCSS r-{chI-tj R L ie
Commucts
woh Clam _`. Lw&m,
Due iJ the inquiT'Gi'i”
e t, that the CEQA process be E;om.pleted in t)C'der
to i"ece-.iv gt"mt. funding, we
recon-imend
proceeding with SO process as qoi(,R]y as pomible.
In additkn; aH biological surveys
need to he completed
within (.tie next month, or the process ccaWd
he laastp need untl next spring.
%k apps edaW die opportunity to propose on this pruject and kmk
forward V-) vkiorking a -in it: 1f you
have any questions feel We to ca 1 or arrite at any i:zYi`ie
,
E, K Carne , t'tez,ldi."a.t
t_,'; .J- tla .-lit) ` 1,29
r,+�<.rs.rner�zYetra(ogu �or�.
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 Ieast 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 minimurn 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 certificates) of insurance with the following endorsements shall be furnished to the City:
(a) Additional Married Insured EncLorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11186) 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 flon-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, 95240f (2) The insurance, certificate must state, on its face or as an
endorsement, a description of the grgiect that it is insuring,
(c) W iver of Subrorration
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 Covera
we
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 I I of 2 pages Risk: rev.08.2015
(e) _eme_r_abifibLotf [n_teL@_st I -Clause
The term "insured" is used severally and not coliectively, but the inclusion herein of more firtan one insured
shall not operate to increase the limit of the company's liability.
(f) Notice of Cancellation or Chgnspernplot
Ap in CoveraggEndo(_ . —
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) Continua of QgyerM
All policies shall be in effect on or before the first day of the Terris of this Agreernant. At least thirty (30) days
prior to the expiration of each insurance policy, Contractor shalt furnish a carfificate(s) showing that a now 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 Contractors
insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and
immediately obtain replacement insurance.
(h) Eg—flure to (o_m"1
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 nameis) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest
on the first (1') 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 ten-ninate 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 Us
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 [east "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 (LE LI list) and otherwise meet City requirements.
The Contractor shall take out and maintain during the life of this Agreement,
Workers 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 Workers 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 Workers 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.
NOT 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: rov.GB.2015
1. AA#
2. JV#
CITY OF LODI
APPROPRIATION ADJUSTMENT REQUEST
TO: Internal Services Dept. - Budget Division _
3 FROM: Rebecca Areida-Yadav 5. DATE: 10/22/2015
4. DEPARTMENT/DIVISION: Public Works
6. REQUEST ADJUSTMENT
OF APPROPRIATION
AS LISTED BELOW
FUND #
BUS. UNIT #
ACCOUNT # ACCOUNT TITLE AMOUNT
.A.
530
32205 Fund Balance $ 100.000.00
SOURCE OF
FINANCING
B
USE OF
530
53053003
y
72450 WSWPCF - Professional Services $ 100.000.00
FINANCING
7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE 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.
Professional Services Agreement with Petralogix Engineering for engineering and environmental services to White Slough.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: Fees No: �0 Attach copy of resolution to this form.
Department Head Signature:
8. APPROVAL SIGNATURES
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. 2015-192
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH PETRALOGIX ENGINEERING, OF GALT, FOR
ENGINEERING AND ENVIRONMENTAL SERVICES FOR
WHITE SLOUGH -WATER -POLLUTION -CONTROL FAGILITrAND
FURTHER APPROPRIATING FUNDS
WHEREAS, White Slough Water Pollution Control Facility was recently selected by the
California Department of Water Resources to receive a $4,600,000 Proposition 84 grant that is only
offered to agencies located within the Sacramento San Joaquin Delta Area; and
WHEREAS, Petralogix Engineering was instrumental in identifying the grant opportunity and
preparing the grant application; and
WHEREAS, the next step in the grant award process will be to complete an environmental
review of the project under the guidelines set forth in California Environmental Quality Act; and
WHEREAS, Petralogix Engineering is currently under contract to provide grant funding
award assistance to the City of Lodi by facilitating the re -scoping of the project to match the amount
of the grant and working with the California Department of Water Resources to receive funding credit
for past work performed within the project area; 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 and
environmental services relating to White Slough Water Pollution Control Facility, in an amount not to
exceed $66,725, and further appropriate funds in the amount of $100,000.
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 and environmental services relating to White Slough Water Pollution
Control Facility, in an amount not to exceed $66,725; and
BE IT FURTHER RESOLVED that funds in the amount of $100,000 be appropriated to cover
the contract work and associated staff time.
Dated: November 4, 2015
I hereby certify that Resolution No. 2015-192 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held November 4, 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
JNIFER FERRAIOLO
City Clerk
2015-192