HomeMy WebLinkAboutAgenda Report - March 21, 2018 C-11TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Petralogix Engineering, of Galt, for Construction Assistance
Services for White Slough Water Pollution Control Facility Expansion and
Surface, Agricultural, and Groundwater Supply Improvement Project ($298,500)
MEETING DATE: March 21, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional
Services Agreement with Petralogix Engineering, of Galt, for
construction assistance services for White Slough Water Pollution
Control Facility Expansion and Surface, Agricultural, and Groundwater Supply Improvement Project, in
the amount of $298,500.
BACKGRUND INFORMATION: In June 2016, the City was awarded a $4,600,000, Proposition 84,
Delta, San Joaquin River, and Sacramento River Water Quality
Program Grant to design, permit, and construct a 300 -acre-foot
capacity storage pond system. The pond system will be used to store disinfected tertiary treated effluent
to be used for irrigating the City's 890 acres of agricultural land surrounding White Slough Water
Pollution Control Facility, and to reduce the volume of effluent being discharged to the Delta.
On January 20, 2016, Council approved a Professional Services Agreement with Petrologix Engineering
for the environmental, geological, geotechnical, and preliminary and final design work needed to initiate
the construction phase of this substantial project. This work is now complete and the project is currently
scheduled to bid on March 29, 2018 and award on April 18, 2018.
In performing the environmental, preliminary and final design work for this project, Petralogix Engineering
has proven to be very knowledgeable, professional, and responsive to Staff. It is in the best interest of
the City to execute this Professional Services Agreement with Petralogix Engineering to maintain project
continuity during the construction phase of the project.
Petralogix Engineering will supply construction assistance services during the construction phase of the
project, including oversight and review of Department of Water Resources grant requirements, biological
oversight as required by San Joaquin Council of Governments Habitat Conservation Plan, geotechnical
support, design services during construction, and as -needed contingency planning during the
construction phase of the project to immediately address unforeseen environmental, geotechnical, or
regulatory matters.
Staff recommends authorizing City Manager to execute Professional Services Agreement with Petralogix
Engineering, of Galt, for construction assistance services for White Slough Water Pollution Control
Facility Expansion and Surface, Agricultural, and Groundwater Supply Improvement Project, in the
amount of $298,500.
APPROVED: CLL., )G , ,.
• CStephen Schwabauer, City Manager
K:\WP\PROJECTS\SEWER\WSWPCF\WSWPCF Storage Expans!on\CCt1 Petralogix_PSA.doc
3/13/2018
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Petralogix Engineering, of Galt, for Construction Assistance Services
for White Slough Water Pollution Control Facility Expansion and Surface, Agricultural, and Groundwater Supply Improvement Project ($298,500)
March 21, 2018
Page 2
FISCAL IMPACT:
The cost for this work is programmed in the Fiscal Year 2017/18 budget.
The City's cost share is 25 percent and the remaining 75 percent will be
reimbursed through the Proposition 84 Grant.
FUNDING AVAILABLE: Wastewater Plant Operating Fund (53053003).
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. Swi ley, Jr.
Public Works Director
CES/CES/tdb
Attachment
K:IWP\PROJECTSISEWERIWSWPCF\WSWPCF Storage Expansion\CC# Petralogix PSA.doc 3/13/2018
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 2018, by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and PETRALOGIX
ENGINEERING, a California corporation (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 construction
assistance services for White Slough Water Pollution Control Facility Expansion Pond
Project (hereinafter "Project") as set forth in the Scope of Services attached here as
Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to
CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
1
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
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 April 1, 2018 and terminates upon
the completion of the Scope of Services or on September 30, 2019, whichever occurs
first.
2
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
3
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
4
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY:
To CONTRACTOR:
City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Charlie Swimley
Petralogix Engineering
26675 Bruella Road
Galt, CA 95632
Attn: Daniel Kramer
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
5
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction. Severability. and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
6
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
7
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER
City Clerk City Manager
APPROVED AS TO FORM: PETRALOGIX ENGINEERING, a California
JANICE D. MAGDICH, City Attorney corporation
By: By:
Name: DANIEL KRAMER
Title: President
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: PWWS-0007.ExtLabor
(Business Unit & Account No.)
Doc ID:K:\WP\PROJECTS\PSA's\2018\Petralogix WSWPCF PSA.doc
CA:Rev.01.2015
8
Petralogix Engineering, Inc.
26675 Bruella Road, Galt, Ca 95632
(1') 209-400-5729
dkramer@petralogix.com
www.petralogix.com
February 21, 2018
Proposal No. 2018-00001
Attn: Charles Swimley
City of Lodi - Public Works
221 West Pine Street
Lodi, CA 95240
Subject:
Mr. Swimley,
Exhibit A
•petralogix
geophysics - environmental - geology
Construction Assistance Services Proposal for the White Slough Water
Pollution Control Facility Expansion Pond Project - DWR Grant Funding
We appreciate the opportunity to provide you with our proposal to perform additional construction
management and compliance services to the City of Lodi for the ongoing White Slough Water
Pollution Control Facility Expansion Pond Project. Below you will find a detailed cost estimate for
Petralogix Engineering, Inc: s proposed work scope.
Petralogix will provide both construction management and compliance services for remaining phases
of the Prop 84 Pond Expansion Project. We are currently providing oversight services to facilitate
final design and project construction bidding. Petralogix will sub -consultant with various companies
to provide the City with the needed additional services to complete the over-all project. Each of the
required tasks is discussed in detail, with a broken out budget, and a not to exceed fee. All of these
items have been developed in conjunction with the accepted and approved Proposition 84 Grant
budget.
Scope of Work
Petralogix proposes to begin this work under a new contract. Therefore, these proposed tasks are in
addition and intended to be separate from our original project contract. A detailed description of our
proposed new tasks follow:
TASK #1 - Petralogix Engineering, Inc.
DWR Quarterly Reports and Management - Construction Phase
Petralogix will continue to act as the main project management company for the pond expansion
project. We will provide all oversight and review for DWR grant services to completion of the Project
through 2018. Our services will include quarterly updates, billing and reimbursable assistance, and
budget management.
www.petralogix.com
Page 12
City of Lodi
Proposal No. 2018-00001
pliverabjes: Detailed Repnrt.inl; of Ongoing Activities [�uarterly Pro g ss Reports). Develop
additional quarterly r-epc)its,•c ntintec to integrate efforts with DWR, represent City and Project to
completion.
TASK #2A and 2B - Moore Biological Consultants
Biological Study and Compliance - Construction Phase
Moore Biological will continue to act as the main project biological company for the pond expansion
project. Petralogix will work in conjunction with Moore Biological to provide oversite and
compliance as required by SJCOG. Services include onsite preconstruction surveys, biological
advising, and as needed monitoring during construction.
diver _ , Pref.: a nstructi o n surve s for lei
i ec
ec'tic ' i es
A
ITMM and HCP.
TASK #3A and 3B - West Yost Associates
Engineering Management Services - Construction Phase
COG
West Yost Associates will continue to act as the main project civil engineering company for the pond
expansion project. Petralogix will work in conjunction with West Yost to provide oversite and
compliance on an as needed basis. Services include final project engineering advisement for as -built
changes, and time requirecl to work with the selected contractor during construction phase activities.
Deliverables: Construction related as -built and design changes, advising. and additional design to
deal with construction changes and contractor questions during the final construction phase.
TASK #4A and 4B - Terracon, Inc.
Geotechnical, Soils and Special Inspection Services -
Construction Phase
Terracon will continue to act as the main project geotechnical engineering company for the pond
expansion project. Petralogix will work in conjunction with Terracon to provide oversite and
compliance on an as needed basis. Services include final project geotechnical engineering advisement
for as -built changes, soils and special inspections, and laboratory services.
Deliverables: Construction related as -built and design changes, advising, and all required special
inspection services for soil, concrete, rcxhar, and trenching. Included in this is additional time to
recommend on geotechnical measures during the construction phase,
Page 13
City of Lodi
Proposal No. 2018-00001
TASK #5 - Petralogix Engineering, Inc.
Construction Management and Assistance - Construction Phase
Petralogix will provide a variety of services as described below. We will act as the primary project
compliance and management team for the final pond installation. We will work in conjunction with
the City of Lodi's in-house construction management and administration team.
Construction Monitoring
Petralogix will provide onsite review and weekly update services to verify construction activities and
progress. This service will be helpful in tracking and demonstrating to DWR grant phase, task, and
budget compliance per contract requirements.
Recommend Changes in As -Built
Petralogix will provide and assist the City in needed as -built changes as they arise as part of the
contract. Items may include dewatering recommendations, engineering geology and soils
recommendations (in conjunction with the project Geotechnical Engineer), changes in design
parameters, and engineering compliance review.
CEQA Assistance in Regulatory Requirements and Compliance
Petralogix will provide oversite to assist in Water Board, SJCOG, and Air Board requirements as part
of CEQA, and the City's project mitigations per the final approved IS -MND.
Water Board and DWR
Petralogix will provide oversite and assist in Water Board compliance and water petition services,
Title 22 compliance, and DWR integration.
peliverables: Detailed Reporting of Ongoing Activities (Weelcly and Monthly Progress Reports).
DWR, Water Board, WOG, Air Board, and City Meetings. Contractor- and City Meetings, Site Meetings.
Site Ins.ections to Verif Compliance.
TASK #6 - Petralogix Engineering, Inc.
Contingency Planning - Construction Phase
Due to the nature of this project there are a number of construction related services which could be
needed in addition to what is proposed above. These services may include additional engineering
changes, biological impact monitoring, geotechnical inspection services, or additional project
administrative services. This portion of work would be considered to be a contingency which is
available to Petralogix and sub -contracts (West Yost, Moore Bio, and/or Terracon).
City of Lodi
Proposal No. 2018-00001
Service Fees - (Not to Exceed)
Page 14
Exhibit B
The fees for each service are illustrated on the attached spread sheet. These are not to exceed
amounts that will be billed on a 30 day basis, with a 10 percent markup for Petralogix Engineering.
Additional management services and time have been added where applicable. All fees are based on
hourly billing rates and previously quoted services from the respective vendors. Additional
modification have been made in part by Petralogix's experience with similar project of this type, and
our experience with the represented sub -consultants. A composite (All Company Average) hourly
rate sheet has been attached for review. These rates will be the hourly maximums associated with the
project, and will remain in effect for the duration of the project. Below is a cost breakout for the
proposed services:
The total proposed fees for the additional task project services amount to $298,500. Per the state
requirements for Proposition 84 Grant funding, the City of Lodi will be responsible for a 25 percent
cost share ($74,625), while DWR (and Proposition 84 Grant) will be responsible for the remaining 75
percent cost share ($ 223,875).
We have thoroughly enjoyed working with the City, and recognize that this is a great opportunity for
our community to re-evaluate how water is used in our region. We appreciate the opportunity to
propose on this additional project work. If you have any questions feel free to call or write at any
time.
Warm Regards,
Daniel E. Kramer, President
Professional Geologist #8657
Certified Engineering Geologist #2588
Professional Geophysicist #1078
City of Lodi
Proposal No. 2018-00001
Modified Rate Sheet
Combined Consultant Pricing for Use on Project
(Based on all Consultant Rates)
Page 15
COMAPNY
SERVICE
RATE
Petralogix
Engineering, Inc.
Professional Geophysicist
$185/Hour
Senior Reviewer PhD Geologist
$155/Hour
Certified Engineering Geologist
$145/Hour
Professional Geologist
$135/Hour
Senior Staff Geologist
$125/Hour
Project Manager
$115/Hour
Field Technician - GEO
$115/Hour
Moore Biological
Senior Biologist
$165/Hour
Staff Biologist
$135/Hour
Draftsman
$105/Hour
West Yost Associates
Senior Review Engineer
$225/Hour
Principal Civil Engineer
$185/Hour
Senior Civil Engineer
$165/Hour
Draftsman
$105/Hour
Terracon
Senior Geotech Engineer
$185/Hour
Principal Geotech Engineer
$165/Hour
Senior Civil Engineer
$145/Hour
Draftsman
$95/Hour
Proposed Costs
Total I
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$ 5,400.00
$ 44,400.00
$ 21,600.00
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$ 16,200.00
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00
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$ 32,400.00
0
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-VT
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$ 135.00
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240.00
160.00
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240.00
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Total
Details
Develop additional quarterly reports, contine to integrate efforts with DWR,
represent City and Project to completion
Moore Biological - Diane Moore - Provide oversite and compliance as required by
SJCOG. Includes onsite surveys and monitoring during construciton (as needed).
Petralogix - Assist Moore Biological as needed, integrate anda assist in changes to
plans and operations per biological requirements and mark up fees.
West Yost - additional services to assist in as -built plan changes, talking and working
with contractor, etc.
Petralogix - Assist West Yost and mark up fees
Terracon - Provide all additional geotechnical advising services, special inspections for
soil, concrete, rebar, and trenching.
Petralogix - Assist Terracon and mark up fees.
Construction monitoring, recommend changes in As -Built, CEQA assistance in
regulatory requirements and compliance, Water Board and DWR Review.
Contingency - construction related services.
Future Additional Work Items
Quarterly Reports and Management
Biological Compliance
Biological Oversite and Assistance
Engineering Management
Engineering Oversite and Assistance
Geotechnical and Special Inspections
Geotechnical and Special Inspections
Construction Management and
Assistance
Contingency Services
Consultant
Petralogix
Moore
Biological
Petralogix
West Yost
Associates
Petralogix
Terracon
Petralogix
Petralogix
Petralogix
Y
H
F-
Task 1
Task 2A
m
N
Y
1cp
H
Task 3A
Task 3B
Task 4A
Task 4B
Task 5
Task 6
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis,
including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less
than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to
this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with
limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than
$2,000,000 per occurrence or claim.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38. and CG 20 37 if
a later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of
whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine
Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the
project that it is insuring.
(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 under the Contractors commercial general liability and automobile liability policies.
(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) Continuitv.of.Coveraae—...
Page 1 1 of 2 pages Risk: rev. 3/1/2018
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. 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.).
(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 (1st) day of the month following the City's notice. Notwithstanding any 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) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(1) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of
ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or
City.
(i) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any
requirement in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(l) Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the
contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date
prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5)
years after completion of contract work.
(m) 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.
Page 2 1 of 2 pages 1 Risk: rev. 3/1/2018
RESOLUTION NO. 2018-42
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH PETRALOGIX ENGINEERING,
OF GALT, FOR CONSTRUCTION ASSISTANCE SERVICES
FOR WHITE SLOUGH WATER POLLUTION CONTROL
FACILITY EXPANSION AND SURFACE, AGRICULTURAL,
AND GROUNDWATER SUPPLY IMPROVEMENT PROJECT
WHEREAS, on January 20, 2016, Council approved a Professional Services Agreement
with Petralogix Engineering for the environmental, geological, geotechnical, and preliminary and
final design work needed to initiate the construction phase of this substantial project; the work
included in the Professional Services Agreement is now complete and the project is currently
scheduled to bid on March 29, 2018, and award on April 18, 2018; and
WHEREAS, in performing the environmental, preliminary, and final design work for this
project, Petralogix Engineering has proven to be very knowledgeable, professional, and
responsive to staff; and
WHEREAS, staff recommends authorizing the City Manager to execute a Professional
Services Agreement with Petralogix Engineering, of Galt, for construction assistance services
for White Slough Water Pollution Control Facility Expansion and Surface, Agricultural, and
Groundwater Supply Improvement Project, in the amount of $298,500.
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 construction assistance services for White Slough
Water Pollution Control Facility Expansion and Surface, Agricultural, and Groundwater Supply
Improvement Project, in the amount of $298,500.
Dated: March 21, 2018
I hereby certify that Resolution No. 2018-42 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 21, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
2018-42
9,In2g-AACIAA1
NIFER FERRAIOLO
ity Clerk