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HomeMy WebLinkAboutAgenda Report - September 1, 2021 C-08AGENDA ITEM (! 011� 3 CITY OF LODI . A COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No.1 to Professional Services Agreement with Carollo Engineers, Inc., of Walnut Creek, for Progressive Design Build Construction Documents for White Slough Water Pollution Control Facility Solids Handling Equipment Procurement and Installation Project ($110,922), and Appropriating Funds ($110,922) MEETING DATE: PREPARED BY: September 1, 2021 Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No.1 to Professional Services Agreement with Carollo Engineers, Inc., of Walnut Creek, for Progressive Design Build Construction Documents for White Slough Water Pollution Control Facility Solids Handling Equipment Procurement and Installation Project ($110,922), and Appropriating Funds ($110,922) BACKGROUND INFORMATION: On April 15, 2020 Council authorized the City Manager to execute a Professional Services Agreement with Carollo Engineers to provide assistance with the procurement and installation of a new dewatering screw press, ancillary equipment, and Digester No. 3 pump mixing system improvements at the White Slough Water Pollution Control Facility (WSWPCF)_ WSWPCF utilizes anaerobic digestion to stabilize the solids generated from the wastewater treatment process. Four digesters were constructed in the plant_ Digester No.3 is currently offline because the gas mixing system needs replacement. The stabilized sludge (a mixture of solids and water) is discharged from the digesters into two lagoons for storage. The sludge lagoons are equipped with mixers and pumps to convey the sludge to the dewatering facility. The dewatering facility utilizes two rotary fan presses to "dewater" the sludge by squeezing the water from its contents. Under certain conditions the performance of the rotary fan process can be inconsistent. It has been determined that an additional screw press would provide more consistent liquid removal from the sludge thereby improving the application of bio solids to the fields. The intent of the original agreement was to procure the project improvements utilizing a progressive design build process. Upon further study, staff determined the design bid build process would better fit the project scope and result in more control over the design process. Amendment No. I, if approved, will add additional funding to prepare final design documents in the amount of $110,922 for a total contract amount of $273,422, and extend the contract term through September 30, 2022. The project cost estimate is $1,500,000. APPROVED: Steve SChwabauer Stephen Schwabauer, City Manager Upwadc02Vnsc$IGROUPIADMIMCouna1120211090120211CarollMCC_Digester No. 3.doc 8/18/2021 Adopt Resolution Authorizing City Manager to Execute Amendment No.1 to Professional Services Agreement with Carollo Engineers, Inc., of Walnut Creek, for Progressive Design Build Construction Documents for White Slough Water Pollution Control Facility Solids Handling Equipment Procurement and Installation Project ($110,922), and Appropriating Funds ($110,922) September 1, 2021 Page 2 Staff recommends adopting resolution authorizing City Manager to execute Amendment No.1 to Professional Services Agreement with Carollo Engineers, Inc., of Walnut Creek, for Progressive Design Build Construction Documents for White Slough Water Pollution Control Facility Solids Handling Equipment Procurement and Installation Project ($110,922), and Appropriating Funds ($110,922) FISCAL IMPACT: This project is necessary to maintain wastewater treatment compliance and to avoid potential fines and penalties from the State. This does not impact the General Fund. FUNDING AVAILABLE: Wastewater Capital (53199000.77020) Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Public Works Director Prepared by Lance Roberts, Utilities Manager CES/LR/tw lIpwadc02Vnsc$1GROUPIADMIN1Couna1120211090120211Carollo%CC Digester No. 3.doc 8/1812021 AMENDMENT NO. 1 CAROLLO ENGINEERS, INC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, made and entered this day of September, 2021, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and CAROLLO ENGINEERS, INC., a Delaware corporation, qualified to do business in California (hereinafter called "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on April 30, 2020 ( the "Agreement"), attached hereto as Exhibits 1, and made a part hereof; and 2. WHEREAS, CITY requested to extend the term of the Agreement to September 30, 2022; and 3. WHEREAS, CITY requested to increase the fees under the Agreement by $110,922, for a total not to exceed amount of $273,422, and amend the existing Scope of Services to include final design of White Slough Water Pollution Control Facility solids handling facility improvements and digester no. 3, as set forth in Exhibit 2, attached hereto and made part of; and 4. WHEREAS, CONTRACTOR agrees to said amendments; and NOW, THEREFORE, in paragraph 3 parties agree to amend the not to exceed amount under the Agreement as set forth above and extend the term of the Agreement to September 30, 2022. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation CAROLLO ENGINEERS, INC., a Delaware Herein above called "CITY" 0 STEPHEN SCHWABAUER City Manager Attest: JENNIFER CUSMIR City Clerk Approved as to Form JANICE D. MAGDICH City Attorney corporation Hereinabove called "CONTRACTOR" By: LARRY PARLIN Senior Vice President Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on r i l ,9, 2020, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and CAROLLO ENGINEERS, INC., a Delaware corporation, qualified to do business in California (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 solids handling equipment and installation assistance services (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 worts pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 remain In contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 MeatinLg 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 noted 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, 2020 and terminates upon the completion of the Scope of Services or on September 30, 2021, whichever occurs first. Section 2.7 Option to Extend Term of Agreement At its option, City may extend the terms of this Agreement for an additional one (1) one (1) -year extension; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City 2 exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed two (2) years and six (6) months, for a total of thirty (30) months. 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, detalls 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 3 this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 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 Responsibifitv 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, sale 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 4.6 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 terns 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: Charlie Swimley To CONTRACTOR: Carollo Engineers, Inc. 2795 Mitchell Drive Walnut Creek, CA 94598 Attn: Larry Parlin 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 the services and work to be performed hereunder. CITY, however, retains the right to 5 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 dearly 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 Apgplicable Law, Jurisdiction, Sevgrablilty. and Angrngy s frees 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. 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. 6 Section 4.15 Cautions 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 Perms 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 5everahnity 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. 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 Translt 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, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. 7 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: dV DC7 PAMELA M. FARRIS Assistant City Clerk CITY OF LODI, a municipal corporation Steve Schwabauer STEPHEN SCHWABAUER City Manager APPROVED AS TO FORM: CAROLLO ENGINEERS, INC., a Califomia JANICE D. MAGDICH, City Attorney corporation Janice D. Magdich By: 1- 41 - Name- L/1 RY PARLIN Title: Senior Vice President Attachments: Exhibit A - Scope of Services j 4/17/2020 Exhibit 0 - Fee Proposal _ Exhibit C - Insurance Requirements Name: Beverly Hann Exhibit D -Federal Transit Funding Conditions (if applicable) Title: Associate vice president Funding Source: 53199000.77020 (Business Unit S Account No.) Doc ID;K:%WPIPROJECTSIPSA's120201Carollo Solid Handling PSA•doc CA:Rev,01.2015 8 [ Com,.'' ■ice Engineers, March 3, 2020 Charles Swimley City of Lodi 221 W. Pine Street Lodi, CA 95240 Exhibit A/B 779!, Mitchell Drive, Walnut Creek, California 94598 0 925 932 1710 Subject: Proposal for Solids Handling Equipment Procurement and Installation Assistance Services Dear Mr. Swimley: We propose the following scope of work for services to be completed at the request of the City of Lodi (CRY) SCOPE OF SERVICES CONSULTANT shall assist the City with the procurement and installation of a new dewatering screw press and ancillary equipment, and Digester No.3 pump mixing system improvements. Improvements will be obtained through a progressive design-buitd delivery approach, based on a guaranteed maximum price. CONSULTANT's role on project shall include identification of appropriate equipment meeting City's needs, development of appropriate design criteria and preliminary process flow diagrams, and development of appropriate procurement documents. All detailed design shall be completed by the successful design build contractor. TASK 1 - PROJECT DEVELOPMENT 1.1 - Prepare Procurement Guidance Document CONSULTANT will prepare a guidance document for tate project including the proposed project equipment design criteria, performance specifications, and simple process flow diagram drawings. Qualified Equipment Suppliers and Contractors will be identified in the guidance document that meet City procurement requirements. TASK 2 - REQUEST FOR PROPOSALS (RFP) PROCESS 2.1 - Develop Project Description and Request for Proposal Document CONSULTANT will develop a project description for inclusion in the Request for Proposals (RFP) document. CONSULTANT will prepare project concepts and other technical work products to the level of completion necessary to enable the preparation of thorough and responsive proposals by Equipment Suppliers and Contractors. CONSULTAND will prepare the RFP document based on the Water Design Build Council Progressive Design Build Guidance Document, supplemented with City procurement requirements, as appropriate. 2.2 - Distribute Draft RFP for City Comment CONSULTANT will distribute draft RFP for review and comment by City staff and meet with City staff to discuss comments and suggested revisions. 2,3 - Finalize RFP Document CONSULTANT will incorporate revisions to the draft RFP document and prepare final RFP document. 2.4 - Issue RFP to Qualified Equipment Suppliers and Contractors CONSULTANT will support City in the formal issuance of the final RFP to the qualified Equipment Suppliers and Contractors. CONSULTANT will provide oversight support to City including facilitation of a pre -proposal meeting, responses to questions and requests for information, and the Issuance of addenda to the RFP, If necessary. TASK 3 - PROPOSAL EVALUATION 3.1 - Conduct Proposal Completeness Check CONSULTANT will conduct a completeness check of proposal submittals to confirm all information requested in the RFP has been provided and In the proper format. At the City's discretion, CONSULTANT will prepare formal requests to proposers as necessary to acquire missing information. 3.2 - Evaluate Proposal Submittals CONSULTANT will provide the technical, financial, and contractual evaluation of proposal submittals In accordance with the requirements of the RFP. 3.3 - Finalize Proposal Evaluation / Rank Proposals CONSULTANT will facilitate the finalization of the proposal evaluation process and the ranking of proposal submittals in accordance with the directives of the RFP. City staff will prepare any necessary staff reports for Council award of Contract. TASK 4 — PROJECT DESIGN OVERSIGHT 4.1 — Project Design Oversight CONSULTANT will support the City in overseeing the Contractor's advancement of the proposed project detailed design and cost estimating, and provide value engineering input as necessary. TASK 5 — CONSTRUCTION AND COMMISSIONING SERVICES Construction Management activities and Inspection oversight of the Contractor will be the responsibility of the City. 5.1 —Site Visits CONSULTANT will conduct monthly observations of the construction in progress to confirm compliance with the contract. 1"Ih4E OF PFRFORMANC.F It is anticipated these services will be complete within twelve (12) months from the effective date of this Task Order, PAYMENT Lump sum of $162,500 with services to be invoiced monthly as a percentage of the total of work completed, EXHIBIT C NOTE. The City of Lodi is now using the online Insurance program PINS Advantage. Once you have boon awarded a contract you will receive an small from the City's online Insurance program requesting you to forward the small to your Insurance providerfs) to submit the required insurance documentation electronically Insurance Fie uirements for Professional Services Contractor shall procure and maintain for the duration of the contract Insuranoe 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 Llablllty (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 wish limits no less than j1,000,000 per occurrence. If a general aggregate limlt applies. either the general aggregate limit shall apply separately to this projectllocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence Iimit. 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 Contractor's profession, with limit no less than $1,000,000 per occurrence or claim. Other InsuranceProylaions: (a) Ad k(limnai_Named,ln,�ured 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 an behalf of the Contractor including materials, parts, or equipment furnished in connectlon 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 1185 or if not available, through the addition of both CG 20 10, CG 20 26. CG 20 33, or CG 20 38. ng CG 20 37 if a later edition is used (b) PriMarV and Non-Conlnautory 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, of iclals, 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. (e) Waiver of Suhrogalion Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may soqulre against the City of Lodi by virtue of the payment of any toss 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 QF t_nnI 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 protect that it Is Insuring. (d) Severability of Interest riagem -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 Changs in Coyar ge ElidorstfTjent 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. �UuVc''.m . - ) Risk: rev, 3/1/2019 All policies shall be In effect on or before the first day of the Term of this Agreement, At (east thirty (30) days prior to the expiretlon of each Insurance policy, Contractor shall furnish a certificates) 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 Contractors 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 terminailon 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 Comoly If Contractor falls or refuses to obtain and maintain the required Insurance. or fails to provide proof of coverage, the Clty 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 insurerjs), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Nolwiihstsnding 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 facllftles and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Vgrificalion pf CQgera_ae Consultant shall fumish 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 polirae::, 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 affective data. (I) 5 If -In tired R t n ions Self-insured retentlons 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 invesligations, 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 liablltty of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractors 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) Claims Mad Poli If any of the required policies provide claims -made coverage: 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 feast Rve (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with anotherc►alms-made policy form with a Retroacthre Date prior to the contract effective date, the Contractor roust purchase "extended reporting" coverage for a minimum of five (5) years after completion of work, (1) 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 (m) (3uaiifed Insu-r0r(�) 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 $est Ratings Guide, and which are aa:eptable to the City. Non -admitted Surplus lines carriers may be accepted provided they are included on the most recent list of Califomia eligible surplus lines insurers (LESLI list) and otherwise meet City rcquirements. Signature: -� Signature: Email: jmagdich@lodi.gov Email: sschwabauer@lodi.gov Page 2 1 of 2 pages I�� --- Risk: rev. 3/1/2018 CITY OF LODI White Slough Water Pollution Control Facility Solids Handling Facility Improvements Design SCOPE OF SERVICES BACKGROUND/PURPOSE Exhibit 2 :::] White Slough Water Pollution Control Facility (Plant) is owned and operated by the City of Lodi (City). The current Annual Average Daily Flow (AADF) forthe Plant influent is approximately 4.5 million gallons per day (MGD) and expected to increase to approximate 5.0 MGD in next 5 years. The existing solids handling system in the Plant uses anaerobic digestion to stabilize the primary sludge from primary sedimentation basin and thickened wasted activated sludge (WAS) from the Dissolved Air Flotation Thickener (DAFTs). Digested sludge is transferred and stored in two sludge storage lagoons, and then dewatered by two rotary fan presses located in biosolids dewatering facility. The dewatered cake is conveyed by screw conveyors system to biosolids storage area or hauling truck for offsite disposal. Total of 4 digesters (No. 1— No. 4) were constructed in the Plant. Digester No. 1, 2 and 4 are in service during operation. Digester No. 3 is currently offline because the previous gas mixing system was demolished during a recent improvement project, but new mixing system has not been installed. In the same project, the previous floating cover of Digester No. 3 for gas mixing has been also removed and replaced with fixed cover as well. City has decided to design and install a new pump mixing system for Digester No. 3 which shall be similar with that for Digester No. 2. After the installation, the Plant will have additional digester capacity and improved operation flexibility. The plant staff reported operational issues with the rotary fan press systems in recent years. The overall dewatering performance is not stable, and the cake dryness is lower than design value. In 2019, City started pilot testing screw press systems with different manufacturers. The pilot testing results showed promising performance for screw press to dewater the digested sludge in the Plant. Therefore, City has decided to install a new screw press system to improve the dewatering process performance. Existing rotary fan press will be maintained as a backup system in case that the screw press system needs to be offline. To address the issues above, the CITY engaged Carollo Engineers, Inc. (ENGINEER) in 2020 to perform an evaluation and conceptual design for the solids handling facility improvements. The improvements include following: • Install pump mixing system for Digester No. 3, including: o One mixing pump o Pipes, nozzles and associated mechanical components o Required electrical, instrumentation and control (EI&C) equipment * Install one screw press system in current Solids Dewatering Facility, including: o One screw press system o One cake conveyor o Sludge feed pump station o Polymer storage and feed system Design Scope of Services - 1 - June 4, 2021 o Associated pipes, fittings, and other mechanical components o Required EI&C equipment City has decided to obtain the improvements through a design -bid -build delivery approach. The ENGINEER will provide design services and coordination as described in the following scope of services. SCOPE OF SERVICES The Scope of Services includes the following major tasks: Task 100 - Project Management and Meetings Task 300 - Detailed Design Task 500 - Bid -Phase Coordination Construction -phase and post -construction services are not included in this scope and will be developed later. TASK 100 -PROJECT MANAGEMENT AND MEETINGS ENGINEER will perform project management and monitoring activities, including conducting progress meetings; development of a work plan; development of budget status tables to be included with monthly invoices; and coordination and collaboration with CITY management and operations staff. Kickoff Meeting ENGINEER will conduct a project kickoff meeting with the CITY to confirm the design goals and objectives, work plan, and schedule, and will provide an agenda in advance to the CITY along with data requests. Progress Meetings/Workshops throughout Design The ENGINEER will conduct three progress meetings with the CITY's project team to collect relevant information, present progress to date, receive guidance on the design efforts, discuss issues and concerns, and monitor the progress of the work. The ENGINEER will develop the meeting agenda and discussion materials. Following each progress meeting, the ENGINEER will develop meeting minutes, including relevant action items, for distribution to the CITY prior to the next progress meeting. These meetings will typically have a duration of approximately one to two hours. Up to two out of the 3 progress meetings may be used as rolling design review workshops and will be 1- 2 hours per workshop to accommodate the discussion topics. The preliminary list of progress meetings includes: • 60% Design Review Workshop: 1 - 2 hours • 90% Design Review Workshop: 1- 2 hours • Additional Progress Meeting as needed: 1-2 hours Work Plan ENGINEER will prepare a work plan to be presented at the project kickoff meeting, including important coordination information for both ENGINEER's team and CITY staff: • Key project goals/objectives. 4 ENGINEER team and CITY staff roles and responsibilities. Design Scope of Services - 2 - June 4, 2021 • Contact information for ENGINEER and CITY project team members. • Communication protocols. • List of deliverables. • Document management. ■ Project schedule (Gantt chart), including time required for CITY review of deliverables. Required modifications identified in the kickoff meeting will be incorporated in the work plan, which will be distributed with the kickoff meeting minutes. Deliverables • Meeting agendas (electronic PDF prior to meeting, paper copies for attendees) • Meeting minutes and exhibits (electronic PDF) • Monthly invoices (electronic PDF) TASK 300 -DETAILED DESIGN The ENGINEER will prepare design drawings for the project, including the following disciplines- • General • Demolition • Civil • Structural • Process/Mechanical • Electrical • Instrumentation and Controls ENGINEER will prepare detailed design submittals at the 60%, 90%, and 100% design stages. Each design package will include drawings and technical specifications. The ENGINEER will also provide an opinion of probable construction cost at the 90% design level. ENGINEER's cost opinion at the 90% design stage will be consistent with Class 3 estimates as defined by the American Association of Cost Engineers (AACE) International, which typically have an expected mid-range accuracy of -15% to +20%. Final design will include appropriate supporting calculations and code requirements. The CITY's review comments will be received within two weeks following each submittal. Drawings will be provided to the CITY project manager as noted below: • Pre -final drawings will be provided in the following format: - PDF files formatted for printing at 11 x 17 inches ■ Pre -final specifications will be provided electronically in MS Word format to allow CITY review comments using Track Changes function • Final submittal will include: - One electronic set of final design drawings (AutoCAD 2016) with seals and signatures removed - Two electronic sets of final design drawings with seals and signatures (PDF): one each formatted for printing at 22 x 34 inches and at 11 x 17 inches - One electronic set of technical specifications (PDF) Design Scope of Services - 3- June 4, 2021 dly". One full size 22x34 inches bond paper hard copy of final design drawings suitable for bidding purposes TASK 500 - BID -PHASE COORDINATION The CITY will be delivering the project through a public bidding process. The ENGINEER will be responsible for developing a Bid Tabulation, Bid Schedule, Bid Drawings, Bid Specifications, attending a Pre -Bid conference, answering Bidder's questions, and preparation of a Bid Addendum (if necessary). li is assumed that the CITY intends to bid the project in one package and issue one construction contract. PROJECT ASSUMPTIONS This Scope of Services is based on the following assumptions: 1. The Digester No. 3 structural demolition and modification has been finished in previous improvement project. There will be no major structural changes for installing the mixing pump system. 2. The new screw press will be installed in the space which is originally reserved for 3rd rotary fan press. Other associated facilities, including sludge feed pump stations, polymer storage and feed system and cake conveyors will be installed under the existing sludge dewatering canopy. The screw press feed sludge will be withdrawn from existing sludge storage tank. No new storage tank is needed. 3. The electrical equipment for the new screw press system will be installed in the existing electrical equipment area under the sludge dewatering canopy. 4. The CITY will participate in progress meetings to facilitate the sharing of information, provide guidance, and respond to requests for information. 5. CITY will provide relevant drawings, design reports, plant operating data, and master plan documents to ENGINEER for the project site. 6. ENGINEER will perform QA/QC of deliverables prior to submitting deliverables to the CITY. 7. CITY will provide timely review of deliverables in accordance with the project schedule. CITY will provide review comments on deliverables in writing within two weeks of delivery. 8. CITY staff will perform integration of controls for the mixing pump system, the new screw press system and all other associated equipment. 9. It is assumed that no floodplain use permits, or acquisition of rights-of-way or easements will be required for the project, and these items are not included in this scope. 10. It is assumed that City will provide site survey and geotechnical study if needed, and these items are not included in this scope. 11. Emergency Response Plan updates and Hazardous Materials Management Plans, if required, will be completed by CITY and are not included in this scope. 12. In providing opinions of probable construction cost and schedules for potential projects, ENGINEER has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Design Scope of Services - 4 - June 4, 2021 L -" r1 27Wi 1 Therefore, ENGINEER makes no warranty that the CITY's actual project costs or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. Design Scope of Services - 5 - June 4, 2021 BUDGET ESTIMATE SUMMARY ENGINEERING DESIGN SERVICES FOR SOLIDS HANDLING FACILITY IMPROVEMENTS PROJECT City of Lodi White Slough Water Pollution Control Facility August 2021 Filename: Lodi Dewatering Improvement Fee_08022021 xls Page 1 of 1 i TASKS rd C 0�0 d m M d a` d o o a N 9 w y Q a Carollo Labor Hours 5 a w 21)ow d N d O Q O a a m 'C C d L y d m C L N 7 c — = E N •`-' a Y V d N NN C` L) J F o a F a N U a Y N y, J H ° a Task 100 - Project Management and Meetings 101 - Project Management 2 0 12 4 18 $3,890 102 - Project Meetings 4 4 20 0 0 0 0 28 $7,032 Subtotal 6 1 4 32 0 0 0 4 46 $10,922 Task 300 - Detailed Desi n T ' 301 - 60% Design 7 31 98 41 34 57 20 288 S49 SH2 302 - 906/. Design 4 16 53 17 14 24 16 144 529,514 303 - 100% Design 1 8 23 10 9 14 4 69 $14.099 304 - Engineers Opinion of Probable Construction Cost 1 18 12 22 $4.704 Subtotal 13 56 182 80 57 95 40 523 $107,179 Task 500 - Bid Phase Coordination 501 - Bid Phase Coordination 0 4 16 24 4 8 56 $11.156 Subtotal 0 4 16 24 4 0 8 56 $11,156 Total Labor Hours 19 64 230 104 61 95 52 625 Hourly Labor Rates Total Labor Coots $315 55,995 SYS; S18,752 $230 $52.900 _. a1" Sf98 $19 652 512,07a $142 $i3 aa9 sot $6,600 5129,257 Subconsultants Electrical. InstnmlerlFsiion and Control Des' $ 36,900 — - I -Markupi S Total Expensasl Expenses $ 3.690 40,599 EXPENSES Project E Viand Cammurtication Expense 513.00 /labor hour $ 8,125 Pri 8. (Reports Plans. Docu nents 5 1,200 Total E sea $ 9.325 TOTAL BUOGET ESTIMATE€ $ ] I 179,172 LESS CREDIT FOR REMAINING OWNER`S ADVISOR SERVICES $ 68,250 TOTAL AMENDMENT REQUESTE F 110,922 Filename: Lodi Dewatering Improvement Fee_08022021 xls Page 1 of 1 Capital Improvement Plan FY 2021-2022 Project Title: WSWPCF Fan Press Replacement I Munis Project Code: PWWS-20003 #112 Section I: Description District Nos: Citywide Project Length Priority Biosolids are the final treatment of solids in the wastewater treatment process. To complete treatment, solids must be dewatered. Dewatering is the procedure in which the biosolids are mechanically squeezed to remove excess liquid. There are several types of processes that perform this function; belt presses, screw presses, centrifuges, and fan presses. White Slough utilizes rotary fan presses for dewatering solids and is in need of a more efficient process. Justification/factor driving project itional Information Section II: Estimated Project Costs Expenditure Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total _t Estimate Budget Contracts $ 162,500 $ 1,000,000 $ 110,922 $ 1,273,422 Total Capital Costs $ 162,500 $ 1,000,000 $ 110,922 $ - $ - $ - $ - $ - $ 1,273,422 Section III: Funding Sources/Methods of Financing Funding Source(s) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget 531 - Wastewater Capital Outlay $ 162,500 $ 1,000,000 $ 110,922$ 1,273,422 Total Project Financing I $ 162,500 $ 1,000,000 $ 110,922 $ - $ - $ $ - I $ - $ 1,273,422 Section IV Operating Budget Impact Operating Cost or (savings) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget Personnel $ - $ - Other Operating Costs $ - $ - Total Operating Impact $ - $ - $ - $ - $ - $ - $ - $ - $ - RESOLUTION NO. 2021-244 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC., OF WALNUT CREEK, FOR PROGRESSIVE DESIGN BUILD CONSTRUCTION DOCUMENTS FOR WHITE SLOUGH WATER POLLUTION CONTROL FACILITY SOLIDS HANDLING EQUIPMENT PROCUREMENT AND INSTALLATION PROJECT; AND FURTHER APPROPRIATING FUNDS WHEREAS, White Slough Water Pollution Control Facility utilizes anaerobic digestion to stabilize the solids generated from the wastewater treatment process, however, a mixing system failed and is in need of replacement. An additional screw press is required to provide more consistent liquid removal from the sludge; and WHEREAS, Council approved this Professional Services Agreement with Carollo Engineers, Inc., on April 30, 2020; and WHEREAS, staff recommends authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Carollo Engineers, Inc., of Walnut Creek, for progressive design build construction documents for the White Slough Water Pollution Control Facility Solids Handling Equipment Procurement and Installation Project, in the amount of $110,922; and WHEREAS, staff also recommends the City Council authorize an appropriation of funds in the amount of $110,922 from the Wastewater Capital (53199000.77020). NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Carollo Engineers, Inc., of Walnut Creek, California, for progressive design construction documents for the White Slough Water Pollution Control Facility Solids Handling Equipment Procurement and Installation Project, in the amount of $110,922, and further extending the contract term through September 30, 2022; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $110,922 as set forth above; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: September 1, 2021 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2021-244 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 1, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None a'� JENNIF CUSMIR City Clerk 2021-244