HomeMy WebLinkAboutAgenda Report - July 18, 2018 C-08CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA ITEM
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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Task Order No. 47 with
West Yost Associates, Inc., of Walnut Creek, for Permit Consulting Services
($181,200)
MEETING DATE:
PREPARED BY:
July 18, 2018
Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Task Order
No. 47 with West Yost Associates, Inc., of Walnut Creek, for permit
consulting services, in the amount of $181,200.
BACKGROUND INFORMATION: On January 13, 1999, City 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. West Yost Associates, Inc. has been assisting the City in this
capacity for many years and continues to do an excellent job in the timely submittal of high quality work
product to the Central Valley Regional Water Quality Control Board (Regional Board).
On October 4, 2013, the Regional Board adopted two permits for the White Slough Water Pollution
Control Facility (WSWPCF), effective November 23, 2013, and includes NPDES Permit No.
CA 0079543 for the operation of wastewater treatment facilities and Waste Discharge Requirements
(WDR) Order R5-2007-0113-01 for operation of the land application areas.
The general nature of this contract is to satisfy the requirements of the City's NPDES permit as well as
the WDR. Task Order No. 47 scope of services includes the categories of work listed below:
• Project Management
• Regulatory Program Management
• Land Application Monitoring and Coordination
• Background Groundwater Report Support
• Notice of Applicability (NOA) Adoption Support (Initial steps in permit renewal)
• As -needed Support Services
Task No. 1: Project Management - This task includes ongoing project management -related activities,
including general project coordination ($6,400).
Task No. 2: Regulatory Program Management - This task includes meetings and coordination efforts
with the Regional Board regarding permitting issues. This task also involves technical and legal (using
the legal firm of Somach Simmons and Dunn as needed) guidance related to new regulatory
requirements associated with the issuance of the new permit ($35,800).
Task No. 3: Land Application Monitoring Coordination - This task includes coordinating development of
the City's monthly land application reports and the costs associated with the permit -required
agronomist's review and certification ($54,400).
APPROVED: 1i1►■ift
• 41.01.en Sch a • - uer, City Manager
R:\GROUP\WWW\West Yost & Assocs\Contract Management\WYA #cc T047 Regulatory Compliance.doc 6/29/2018
Adopt Resolution Authorizing City Manager to Execute Task Order No. 47 with West Yost Associates, Inc., of Walnut Creek, for Permit Consulting Services
($181,200)
July 18, 2018
Page 2
Task No. 4: Groundwater Reporting Support - This task includes the continued development of
groundwater contour maps on a quarterly basis as required to be submitted with the Quarterly
Monitoring Reports ($41,900).
Task No. 5: Notice of Applicability Adoption Support — As part of the discharge permit renewal process,
the Regional Board is expected to issue two drafts of the NOA. A non-public administrative draft for
City review and comment will first be issued followed by a public tentative draft. This task includes
assisting the City with reviewing the draft NOA's and providing additional information requested by the
Regional Board as needed ($17,700).
Task No. 6: As -Needed Support Services — This task includes additional support services related to the
NPDES permit, the WDRs, or other regulatory or planning -related efforts associated with WSWPCF
($25,000).
Staff recommends authorizing City Manager to execute Task Order No. 47 with West Yost Associates,
Inc., in the amount of $181,200.
FISCAL IMPACT:
Compliance with WDR limits the City's risk of incurring fines from the
Regional Board. The cost associated with Task Order No. 47 has been
included in the wastewater financial model. Task Order No. 47 will not
impact the General Fund.
FUNDING AVAILABLE: Wastewater Operating Fund (530).
a/0064/ f49'
Andrew Keys
Deputy City Manager/Internal Services Director
c�
Charles E. Swimley, Jr.
Public Works Director
CESaretry Lance Roberts, Utilities Manager
Attachment
R:\GROUP\WWW\West Yost & Assocs\Contract Management\WYA #cc TO47 Regulatory Compliance.doc 6/29/2018
Task Order No. 47
City of Lodi
Regulatory Services for FY 18/19 and FY 19/20
West Yost Job Number 213-18-18-43
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 this project is to provide engineering services, and related assistance, to the Client
in meeting permitting requirements for the White Slough Water Pollution Control Facility (WPCF).
The scope of services covers most of the regulatory -related support efforts that are anticipated to
be necessary during Fiscal Year 2018/2019 (FY 18/19) and Fiscal Year 2019/2020 (FY 19/20). The
specific details for the work scope are provided in the attached letter proposal to Mr. Lance Roberts
dated May 22, 2018 (Attachment A).
BUDGET
The costs for Consultant's services as defined herein shall not exceed $181,200.
COMPENSATION
Compensation shall be in accordance with the provisions of the Task Order Agreement between
Client and Consultant.
The compensation limit for services performed under this task order shall not exceed $181,200. 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.
June 13, 2018 I n\a\c\K-0\Lodi2018\To47
West Yost Task Order
SCHEDULE
The proposed scope of services will cover the period beginning July 1, 2018, and ending June
30, 2020. Project work will begin with notice to proceed from the Client.
CITY OF LODI, a municipal corporation
Signature Signature
W. Franklin Helmick
Printed Name Printed Name
Vice President
Title Title
06/13/2018
Date Date
Approved As To Form:
JANICE D. MAGDICH
City Attorney
June 13, 2018 2 n\a\c\K-O\Lodi2018\TO47
West Yost Task Order
Exhibit NB
WEST YOST
ASSOCIATES
Consulting Engineers
May 22, 2018
SENT VIA: EMAIL
Mr. Lance Roberts
Utilities Manager
City of Lodi
Public Works Department
221 West Pine Street
Lodi, CA 95240
SUBJECT: Proposal for Engineering Services — Regulatory Services for FY 18/19 and FY 19/20
Dear Mr. Roberts:
West Yost Associates (West Yost) appreciates the opportunity to present to you this letter proposal
for ongoing engineering services related to assisting the City of Lodi (City) in meeting permitting
requirements for the City's White Slough Water Pollution Control Facility (WPCF). The scope of
work described in this letter proposal is intended to cover regulatory related support efforts
anticipated to be needed during Fiscal Year 2018/2019 (FY 18/19) and Fiscal Year 2019/2020
(FY 19/20) under the following discharge permits:
• National Pollution Discharge Elimination System Permit (NPDES Permit), Order
No. R5-2013-0125
• General Permit for Municipal Wastewater Dischargers that Meet Objectives/Criteria
at the Point of Discharge to Surface Water (General Permit) and the site-specific
Notice of Applicability (NOA) for coverage under the General Permit
• Waste Discharge Requirements (WDRs), Order No. R5-2007-0113-01
The NPDES Permit expires on November 1, 2018. Instead of renewing the site-specific permit, the
Regional Board will permit the City's surface water discharge under a recently adopted General
Permit. In May 2018, the City submitted a Notice of Intent as an application for coverage under the
General Permit. After Regional Board staff have reviewed the application materials, the Regional
Board will issue a site-specific NOA that outlines the General Permit conditions specific to the
WPCF. This NOA will serve as a supplement the requirements detailed in the General Permit.
As with our previous regulatory support services contracts with the City, West Yost will rely on
the support from Somach Simmons and Dunn (SSD), an environmental law firm that specializes
in serving California permittees on discharge permit issues, should the need arise.
Mr. Lance Roberts
May 22, 2018
Page 2
In previous contracts for regulatory services, West Yost has not included support related to
temperature or toxicity studies that may be required. The City has instead separately contracted
with Robertson Bryan, Inc. to support temperature and toxicity studies. The City has had recent
toxicity issues under the NPDES Permit, and ongoing toxicity support may be needed during
FY 18/19 and FY 19/20. However, consistent with West Yost's current contract, West Yost
assumes that the City will continue to contract separately with Robertson Bryan, Inc. for support
related to toxicity or temperature study efforts and this proposal does not include significant
support related to these efforts.
We also assume that the City will be responsible for completing any sampling needed to achieve
the objectives of the tasks outlined in the scope of work, and that the City will contract directly
with a certified laboratory for completing any necessary analytical efforts. Under the Regulatory
Program Management task described herein, West Yost will provide support for coordinating any
necessary sampling and analysis efforts with other regulatory needs.
SCOPE OF WORK
The following scope of work defines the detailed engineering service tasks related to ongoing
assistance to the City in meeting the compliance requirements for the WPCF for both surface water
discharge under the NPDES Permit/General Permit and land application of recycled water and
biosolids under the WDRs. These tasks reflect efforts that will be necessary through the end of
FY 19/20 and include the following:
• Task 1. Project Management
• Task 2. Regulatory Program Management
• Task 3. Land Application Monitoring Coordination
• Task 4. Groundwater Reporting Support
• Task 5. NOA Adoption Support
• Task 6. As -Needed WPCF Support Services
Task 1. Project Management
Task 1 includes project management related activities, including general project coordination. In
addition, to ensure continued achievement of consistently high-quality work products, and in
accordance with the West Yost Quality Assurance/Quality Control policy, a West Yost staff
member at the Principal Engineer level or higher will review significant work products. Under this
task, brief descriptions of services performed will be included with monthly invoices.
Task 1 Deliverables: Monthly invoices and descriptions of services performed will be provided in hard
copy. Invoices will detail all mileage charges and include total number of miles per trip and trip dates.
WEST YOST ASSOCIATES
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Mr. Lance Roberts
May 22, 2018
Page 3
Task 2. Regulatory Program Management
West Yost anticipates that the City will continue to require ongoing assistance related to
understanding general regulatory compliance issues and implementing the measures needed to
achieve compliance. In addition, the Regional Board may require special studies or reporting
requirements with which the City may want assistance during FY 18/19 and FY 19/20. Assistance
under this task may include one or more of the following items:
1. Providing assistance to the City, as needed, for developing responses to
Regional Board requests
2. Helping the City to develop monitoring programs, as appropriate
3. Maintaining a database of regularly collected monitoring data
4. Supporting the City to respond to mercury monitoring and reporting requirements
required as part of the Regional Board's mercury Total Maximum Daily Load effort
5. Completing reviews of collected monitoring data to identify potential future
regulatory concerns
6. Providing support to the City and the Pacific Coast Producers Cannery in addressing
food processing waste disposal issues
7. Attending and preparing for meetings to discuss the results of regulatory program
management activities
8. Reviewing permits and other regulatory guidance documents issued by the
Regional Board and State Board that would be applicable to the WPCF
9. Providing minor support related to the following:
• Title 22 Issues
• Temperature Study Update efforts being completed separately
• Toxicity Reduction Evaluation efforts being completed separately
• San Joaquin Valley Air Pollution Control District Biosolids Rule
Some of the above -listed items may require support from our legal subconsultant, SSD, and a small
budget has been assumed and included for those efforts.
It will be critical that the City's regulatory compliance efforts are completed in coordination with
Regional Board staff and other regulatory authorities. It is imperative that these agencies agree
with the study approach and the type and amount of information to be obtained from any given
study. Therefore, this task also involves the participation of West Yost staff (and our
subconsultant, as needed) in meetings with the appropriate regulatory agency staff. For purposes
of this proposal, a total of up to three (3) coordination meetings are anticipated to be required.
WEST YOST ASSOCIATES
n\m\213\Ip\fy18_19 19_20 lodi reg sry
Mr. Lance Roberts
May 22, 2018
Page 4
The specific work efforts and deliverables under this task cannot reasonably be determined at this
time, so the associated fee estimate presented in this letter proposal is based on West Yost's
knowledge of the City's current permitting concerns. The scope of work under this task 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 will detail the efforts and costs. Depending on
the level of effort required, a scope and budget amendment may be necessary in the future. If the
estimated fee is not expended in the timeframe anticipated for this scope of work, it may also be
directed toward the completion of other efforts.
Task 2. Deliverables: Deliverables for this task are dependent on the effort required, which cannot be
accurately estimated at this time. Therefore, West Yost will coordinate deliverables for this task with the
City staff when services under this task are required.
Task 3. Land Application Monitoring Coordination
This task involves providing the following items:
• Review the 2018 and 2019 land application monitoring data and development of the
2018 and 2019 Annual Cropping and Irrigation Reports
• Prepare draft and "screencheck" versions of the online 2018 and 2019 Annual
Biosolids Application Reports, which will be certified and submitted by City staff
• Review of the monthly land application reports completed for the months of
June 2018 through October 2018, February 2019 through October 2019 and February
2020 through May 2020
• Coordination with City staff regarding this review: a total of nine (9) reviews are
anticipated
• Participation in two (2) annual land management kickoff meetings to discuss planned
annual operations
• Participation in up to nine (9) monthly meetings with City staff and/or the tenant
farmers to discuss monthly reports and farming operations
Under the most recent contract with the City, West Yost's involvement with the City's monthly
land management reports was limited to review of the reports generated by the City and
participation in one annual kickoff meeting at the beginning of each irrigation season. However,
with recent turnover of City staff, West Yost has also been requested to participate in the monthly
meetings with the farmers that manage the City's properties. The need for West Yost's ongoing
involvement with these meetings over the next two fiscal years may be limited. Given this
uncertainty, this task assumes participation will be necessary. If participation is not needed and the
estimated fee is not expended in the timeframe anticipated for this scope of work, the available fee
may also be directed toward the completion of other efforts.
Task 3. Deliverables: Administrative Draft and Final 2018 and 2019 Annual Land Management Reports
and Administrative Draft and "Screencheck" 2018 and 2019 Annual Biosolids Application Reports.
Administrative draft reports will be distributed in PDF format for City review. The final document will also
be provided in an electronic PDF format.
WEST YOST ASSOCIATES
n\m\213\Ip\fy18_19 19_20 lodi reg sry
Task 4. Deliverables: Eight (8) figures depicting the contour information to be included in the Quarterly
Monitoring Reports. Quarterly emails with the contour maps discussing seasonal trends and comparison
to previous groundwater flow directions.
Document summarizing the statistical analyses and compliance/corrective actions to be included as
attachments to the 2018 and 2019 Annual Monitoring Reports prepared by City staff. The maps and
reports will be provided in an electronic PDF format.
A draft and final letter report for City use documenting completion of construction of Best Practicable
Ai
Treatment and Control (BPTC) Recommendations and documenting compliance with Groundwater
Limitations included in the WDRs.
Mr. Lance Roberts
May 22, 2018
Page 5
Draft agendas for the meetings with sufficient hard copies brought to each meeting for all anticipated
participants.
Task 4. Groundwater Reporting Support
West Yost's efforts during FY 18/19 and FY 19/20 will include support for Quarterly Monitoring
Reports and Annual Monitoring Reports. For the Quarterly Monitoring Reports, the WDRs require
the City to provide:
Calculation ofgroundivater elevations, an assessment ofgrounddvaterflow direction and gradient
on the date of measurement, comparison of previous flow direction and gradient data, and
discussion of seasonal trends, if any;
West Yost will develop quarterly groundwater elevation contour maps using the water level data
collected by the City on a quarterly basis. These maps will document the calculated groundwater
elevations and the groundwater flow direction and gradient. In addition, one to two paragraphs
will be provided discussing seasonal trends, if any, and comparing the current flow direction to
previous flow directions. It is assumed the City will incorporate this information in the Quarterly
Monitoring Reports submitted to the Regional Board.
For the Annual Monitoring Reports, the WDRs require the City to provide:
An evaluation of the groundwater quality beneath the wastewater treatment facility and land
application area, and determination of compliance with the groundwater limitations of the Permit
based on statistical analysis for each constituent monitored for each compliance well. Include all
calculations and data input/analysis tables derived from use of statistical software, as applicable
West Yost will prepare statistical analyses of 2018 and 2019 groundwater quality data and Annual
Background Groundwater Quality Evaluations, like previous years, to be included in the City's
2018 and 2019 Annual Monitoring Reports to satisfy the requirement above.
In the last two years, the City has experienced increases in nitrogen concentrations in some of the
onsite wells. As a result, the Annual Background Groundwater Quality Evaluations has also
needed to include the following:
A discussion of compliance and the corrective actions taken, as well as any planned or proposed
actions needed to bring the discharge in fill compliance with the waste discharge requirements.
Finally, the WDRs require that the City submit a report by May 2020 documenting completion of
construction of Best Practicable Treatment and Control (BPTC) Recommendations and
documenting compliance with the Groundwater Limitations included in the WDRs.
WEST YOST ASSOCIATES
n\m\213\Ip\fy18_ 19 19_20 lodi reg sry
Mr. Lance Roberts
May 22, 2018
Page 6
Task 5. NOA Adoption Support
The Regional Board is expected to issue two drafts of the NOA before it is finalized, a non-public
Administrative Draft (Admin Draft) for City review and a public Tentative Draft. The scope of
services described below is based on assisting the City with reviewing the draft NOAs and providing
additional information that may be requested by Regional Board staff as they prepare the NOA.
Subtask 5.1 Review Administrative Draft NOA
Once a Admin Draft NOA is issued, West Yost will review the Admin Draft NOA for errors or
concerns relative to the City's current permit and other recent, similar permits issued by the Regional
Board. West Yost will prepare a list of suggested comments for City consideration and participate in a
conference call with City staff to discuss the suggested comments. Following this discussion,
West Yost will prepare a draft comment document for City staff review. Following this review,
West Yost will prepare a final comment document for submission to the Regional Board. West Yost
will also prepare a cover letter for City submission along with the comment document.
West Yost will also participate in discussions with Regional Board staff, as needed, to discuss the
comments. It is difficult to predict the level of effort that will be needed to respond to Regional
Board requests and review and respond to the draft permit, so the scope of work under this task
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 will detail the efforts and costs.
Depending on the level of effort required, a scope and budget amendment may be warranted in the
future. Conversely, if the estimated fee is not expended in the timeframe anticipated for this scope
of work, it may be directed toward the completion of other efforts.
Task 5 Deliverables. One (1) electronic copy (in PDF format) of the list of suggested comments on the Admin
Draft NOA, One (1) electronic copy (in PDF format) of the draft NOA comment document; One (1) electronic
copy (in PDF format) and one (1) Word copy of the cover letter for the NOA comment document.
Subtask 5.2 Review Tentative Draft NOA
Once a Tentative Draft NOA is issued, West Yost will review the Tentative Draft NOA relative to
comments submitted on the Admin Draft NOA and also review for any new information added. If any
of the comments on the Admin Draft NOA have not been adequately addressed or new comments are
warranted, West Yost will prepare a list of suggested comments for City consideration and participate
in a conference call with City staff to discuss the suggested comments.
If a comment letter is needed, West Yost will perform the following:
• Prepare a draft comment document for City staff review;
• Following this review, prepare a final comment document for submission to the
Regional Board; and,
• Prepare a cover letter for City submission along with the comment document.
WEST YOST ASSOCIATES
n\m\213\Ip\fy1S_19 19_20lodi reg sry
Mr. Lance Roberts
May 22, 2018
Page 7
West Yost will also participate in discussions with Regional Board staff, as needed, to discuss the
comments. It is difficult to predict the level of effort that will be needed to respond to Regional
Board requests and review and respond to the draft permit, so the scope of work under this task
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 will detail the efforts and costs.
Depending on the level of effort required, a scope and budget amendment may be warranted in the
future. Conversely, if the estimated fee is not expended in the timeframe anticipated for this scope
of work, it may be directed toward the completion of other efforts.
Task 5.2. Deliverables: One (1) electronic copy (in PDF format) of the list of suggested comments on the
Tentative Draft NOA; One (1) electronic copy (in PDF format) of the draft NOA comment document; One (1)
electronic copy (in PDF format) and one (1) Word copy of the cover letter for the NOA comment document.
Task 6. As -Needed WPCF Support Services
Over the course of the two-year period of the project, the City may request additional support services
from West Yost. Such services may be related to planning or design -related efforts associated with the
WPCF or coordinating efforts between any permit -related studies and other WPCF planning/design
related issues. This task provides for as -needed support to the City for such efforts.
The specific work efforts and deliverables under this task cannot reasonably be determined at this
time, so the associated fee estimate presented in this letter proposal is based on a nominal effort.
The scope of work under this task will be limited to work that has been required by the City and
can be completed within the available budget. All work will be performed on a time and materials
basis, and monthly invoices 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 6. Deliverables: Deliverables for this task are dependent on the effort required, which cannot be
accurately estimated at this time. Therefore, West Yost will coordinate deliverables for this task with the
City staff if and when services under this task are required.
PROJECT BUDGET
The total fee for the scope of work described above is estimated to be $181,200. A summary of
the estimated fee by task is shown in Table 1. West Yost will perform all work on an hourly 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
request City authorization prior to exceeding the budget.
WEST YOST ASSOCIATES
n\m\213\Ip\fy18_19 19_20 lodi reg sry
Mr. Lance Roberts
May 22, 2018
Page 8
Table 1. Estimated Fee for FY 18/19 and FY 19/20 Regulatory Support, dollars
Task
West Yost
Fee, Dollars
SSD Fee,
Dollars
Total
Estimated
Fee, Dollars
Task 1. Project Management
6,400
--
6,400
Task 2. Regulatory Program Management
28,100
7,700
35,800
Task 3. Land Application Monitoring Coordination
54,400
—
54,400
Task 4. Groundwater Reporting Support
41,900
—
41,900
Task 5. NOA Adoption Support
17,700
—
17,700
Task 6. As -Needed WPCF Support Services
25,000
—
25,000
Totals with All Optional Tasks
173,500
7,700
181,200
SCHEDULE
The time period for this project is defined as July 1, 2018 through June 30, 2020. Work will begin
upon notice to proceed from the City, and will be completed by June 30, 2020. All work will be
performed in a timely manner in accordance with the City's permit requirements. Each major
deliverable will be prepared on a schedule that provides City staff with at least two weeks (2) for
review and comment.
West Yost appreciates the opportunity to provide additional permitting services to the City. Please
contact me if you have any questions or need additional information.
Sincerely,
WEST YOST ASSOCIATES
i
Kathryn E. Gies
Engineering Manager
cc: Jeff Pelz, PIC, West Yost Associates
Not to exceed $181,200
WEST YOST ASSOCIATES
n\m\213\Ip\fy18_19 19_20 lodi reg sry
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 Most Contracts
{Not construction or requiring professional Iiabilitvl
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.
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.
Page 1 I of 2 pages Risk: rev 3/1/2018
(f)
(g)
Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. 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 ).
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.
(i)
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.
(j) 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
(1) Qualified Insurer{sl
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 21 of 2 pages 1 Risk: rev. 3/1/2018
RESOLUTION NO. 2018-136
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE TASK ORDER NO. 47
WITH WEST YOST ASSOCIATES, INC., OF WALNUT CREEK,
FOR PERMIT CONSULTING SERVICES
WHEREAS, in accordance with the Task Order Agreement between City of Lodi and
West Yost Associates, dated January 13, 1999, West Yost Associates is authorized to complete
the scope of work defined in Task Order No. 47; and
WHEREAS, Task Order No. 47 includes project management, regulatory program
management, land application monitoring and coordination, groundwater reporting support,
Notice of Applicability adoption support, and as -needed support services; and
WHEREAS, staff recommends authorizing the City Manager to execute Task Order
No. 47 with West Yost Associates, Inc., in the amount of $181,200.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Task Order No. 47 with West Yost Associates, Inc., of
Walnut Creek, California, in the amount of $181,200.
Dated: July 18, 2018
I hereby certify that Resolution No. 2018-136 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 18, 2018 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
c5NNIFER FERRAIOLO
City Clerk
2018-136