HomeMy WebLinkAboutAgenda Report - December 1, 2021 C-10AGENDA ITEM
&IQ% CITY OF LODI
NV COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Transformer Technologies, LLC of Salem, OR for Hazardous
Electrical Waste Disposal Services ($100,000)
MEETING DATE: December 1, 2021
C40/0
PREPARED BY: Electric Utility Director
RECOMMENDED ACTIONS Adopt a resolution authorizing the City Manager to execute a
Professional Services Agreement with Transformer Technologies,
LLC of Salem, OR for hazardous electrical waste disposal services
in an amount not -to -exceed $100,000.
BACKGROUND INFORMATION: In September 2020, Lodi Electric Utility (LEU) entered into an
agreement with Transformer Technologies, LLC for the disposal of
electrical hazardous waste.
The current agreement, set to expire December 31, 2021, provides a turn -key solution of sampling,
testing and disposal services to help ensure LEU maintains compliance with regulatory requirements
pertaining to hazardous waste collection and disposal, primarily associated with various transformers.
LEU also receives compensation for the recycled value of any scrapped materials.
Staff are proposing a new three-year agreement through December 31, 2024. This new agreement will
include all previous services in addition to providing removal and disposal services associated with
multiple LEU substation transformers.
In accordance with Lodi Municipal Code, Section 3.20.075, safety, environmental, or hazardous material
consultant contracts are exempt from advertising and bidding requirements and shall be awarded on the
basis of professional qualifications and experience, quality of service, past performance, and
negotiated prices.
FISCAL IMPACT: Estimated not -to -exceed cost of $100,000 over three years.
FUNDING AVAILABLE: LEU Account No. 50062500.72990.
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
R1 ,FhrhrHAr }L, l�P1 titili PY1•
Jeff Berkheimer
Electric Utility Director
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2021, by and
between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
TRANSFORMER TECHNOLOGIES, LLC, a Washington Limited Liability Company
qualified to do business in California (hereinafter "CONTRACTOR").
Section 1.2 PtIrposo
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
(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 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.
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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 January 1, 2022 and terminates
upon the completion of the Scope of Services or on December 31, 2024 whichever
occurs first.
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.
t�
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.
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.
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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.
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.
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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: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Electric Utility Director
To CONTRACTOR: Leslie B. Joel, General Manager
Transformer Technologies, LLC
4709 Turner Road SE
Salem, OR 97317
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
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,
5
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.
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
L
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.
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.
Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement
may be executed in one or more counterparts, each of which will be deemed to be an
original copy and all of which, when taken together, will be deemed to constitute one and
the same agreement or document, and will be effective when counterparts have been
signed by each of the parties and delivered to the other parties. Each party agrees that
the electronic signatures, whether digital or encrypted, of the parties included in this
Agreement are intended to authenticate this writing and to have the same force and
7
effect as manual signatures. Delivery of a copy of this Agreement or any other document
contemplated hereby, bearing an original manual or electronic signature by facsimile
transmission (including a facsimile delivered via the Internet), by electronic mail in
"portable document format" (".pdf') or similar format intended to preserve the original
graphic and pictorial appearance of a document, or through the use of electronic
signature software will have the same effect as physical delivery of the paper document
bearing an original signature.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST
JENNIFER CUSMIR
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
in
jdm
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
TRANSFORMER TECHNOLOGIES, LLC
a Washington Limited Liability Company
By:
Name
Title:
LESLIE B. JOEL
General Manager
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable)
Funding Source: 50062500.72990
(Business Unit & Account No.)
I Brom lei
CA:Rev.12.2020
8
Leslie B. Joel
General Manager
TRANSFORMER TECHNOLOGIES, LLC
4709 Turner Road SE Salem, OR 97317
Phone: 503-364-5476
Fax: 503-364-3339
Email: 11pe(@transforrnertecY1nologies,com
EXHIBIT A/B
SCOPE OF SERVICES
Lodi Electric Utility
Hazardous Waste Disposal Services
Transformer Technologies, LLC shall provide all labor, material, travel, disposal, transportation, transfer,
demurrage, equipment, taxes, fees and related income and/or expenses and to perform all work necessary and
required to provide Hazardous Waste Disposal Services as specified herein.
MATERIAL TYPE: ELECTRICAL EQUIPMENT
a. DESCRIPTION:
Material will consist of various types of transformers (pad mount, pole mount, substation,
subsurface), non -Polychlorinated Biphenyls (PCB) capacitors, switches, breakers, etc.
b, ESTIMATED USAGE
Estimated usage is approximately one (1) fifty three (53') flatbed trailer generated approximately every
ninety(90)days, Estimated percentage of poleversus pad mount transformers is eighty percent (80%) pole
mount transformers and twenty percent (20%) pad mount transformers. Pole Mbunts rangefrom 5 KVA to
167 KVAand Pad Mounts rangefrom 25 KVAto 1500 KVA. Substation class transformers are included
in this scope.
c. LOCATION
Pickup address will be 1331 S Ham Lane, Lodi CA 95242,
2. MATERIAL TYPE: DIELECTRIC OIL
a. DESCRIPTION
Non PCB contaminated oil and PCBcontaminatedoil is stored and disposed of in fifty-five (55) gallon
drums.
b, ESTIMATED USAGE
Estimated usage is approximately fifteen (15) drums, yearly.
c. LOCATION
Pickup address will be 1331 S Ham Lane, Lodi CA 95242.
RATES
1. MATERIAL TYPE: ELECTRICALEQUIPMENT PRICE
Unit costs shall be shown as a net cost and shall include all labor, material, travel, disposal, transportation,
transfer, demurrage, equipment, taxes, fees and related income and/or expenses to transport and
dispose/recycle materials.
Material
Unit
Cost
UOM
Refunded or
Charged?
1. Transformers
$0.20
$0.10
$325.00
$675.00
NONE
NONE
a. Transformers Drained/Full Lessthanfive(5) PPM/PCB
.85
Refunded
b. Transformers Drained/Full 5 to 49 PPM/PCB.
$0.70
KVA
Refunded
c. Transformers Drained 50 to 499 PPM/PCB
$1.50
LBS
Charged
d. Transformers Drained Greaterthan 500 PPM/PCB
$1.90
LBS
Charged
2. Non -PCB Capacitors
$1.00
LBS
Charged
3. Potential & Current Transformers
$0.75
LBS
Charged
4. Switches, Breakers, Bushings, Etc.
$0.35
LBS
Charged
5. Transportation (if any)
6. Annual Escalation Percentage (if any)
NONE
LOAD
Included
NONE
PERCENT
N/A
2, MATERIAL TYPE: UNIVERSAL AND MISCELLANEOUS WASTE PRICE
Unit costs shall be shown as a net cost and shall include all labor, material, travel,
disposal, transportation, transfer, demurrage, equipment, taxes, fees and related income
and/or expenses to transport and dispose/recycle materials.
Material
1. Dielectric Oil / Mineral Oil
a. Mineral Oil Less than 2 PPM/PCB.
b. Mineral Oil 2 to 49 PPM/PCB.
c. Mineral Oil 50 to 499 PPM/PCB.
d. Mineral Oil Greater than 500 PPM/PCB
2. Transportation (if any)
3. Annual escalation percentage, if any:
3. OIL TESTING
Unit
Cost
UOM
Refunded or
Charged?
Refunded
Refunded
Charged
Charged
Included
N/A
Refunded
GAL
_ GAL _
DRUM
DRUM
LOAD
$0.20
$0.10
$325.00
$675.00
NONE
NONE
PERCENT
Unit costs shall be shown as a net cost and shall include all labor, material, travel,
disposal, transportation, transfer, demurrage, equipment, taxes, fees and related income
and/or expenses to transport and disposetrecycle materials.
or
Unit
Refunded
Material
Cost
UOM
Charged?
1. Dielectric Oil / Mineral Oil Testing per
Transformer or Drum of Oil
$35
Each
Charqed
4. SUBSTATION PROJECTS
Thurman and Killelea Substations
Based on a previous site visit, revised pricing for removal of the Transformer and GCB's from these two
substations is:
$15,500 CHARGE for the equipment Removal
$2,750 CHARGE for the Bushings, if all test Under 50 PPM of PCB
$7,500 CHARGE for the Bushings, if all test Over 50 PPM of PCB
TotalNot -to -Exceed ............... ........ ................................................................. ........... $100,000
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 small 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
nsurance Re ulremenls forEn tr mmnnlaI Cnntnrts
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
$3,000,000 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 $2,000,000 per accident for bodily injury and property damage.
3 Workers' Compensation: as required by the Stale 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, Pollution Liability; $2,000,000 each occurrence.
I�Lhei' fnpucancr PraylslvnR:
(a) &ddi 10 a� h(�rnd_rr(sur�d Stains
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds an 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 Contractors 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;,EW CG 20 37 if a
later edition is used
(b) Prim-arLa0d Non -Contributor ns�raace nilsemenI
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 ofsubrogalion, 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 slate, on its face or as an endorsement, a description of the onciect
that it is insuring
(d) Severability of Inlerest Claus .
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) NOhce of Cancell ition or Grange n t:overa sement
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 11 of 2 pages I Risk: rev. 3/1/2010
(f) Canbnvdv of I.ova rorrr
All pollcles shell be In effect on or before the first day of the Terrn of this Agreement Al leas) thirty (30) days prior to the expirellon
of each Insurance policy, Conlraolor shall furnish a certificale(s) showing that a new or extended policy hes been obtained which
meals the minimum requirements of this Agreement Contractorshall provide proof of continuing Insurance on at least an annual
basis during the Term. It Conlraclar's insurance lapses or Is discontinued for any reason. Contrar'lor shall Immediately notify the
Clly and immediately obtain replacement Insurance. Contractor agrees and stipulates that any Insurance coverage provided to the
City of Lod) shall provide for a claims period following larminalion of coverage which is at least consistent with the claims period or
stalutcs of Ilmitationa found In the California Tod Claims Act (California Govemmenl Code Section 810 et seq )
(9) Ca L1u—rP..Ln11nni%Y,
If Contractor falls or refuses to oblaln and malritaln the required Insurance, or falls to provide proof of coverage, the City may obtain
Iho Innu ranee. r:ontreclor shall reimburse the City for premiums paid, with Interest on the premium paid by the City at the maximum
allowable lugal rale then In effect In California, The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment slating the amnunl paid, the names) of the Insurer(s), and rale of Interest. Contractor shall pay such ralmbursement
and Interest on the first (cal) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
If Contractor fails or refuses to oblaln or maintain Insurance as required by this agreement, or falls to provide proof of Insurance,
the City may terminate this Agreement upon such breach. Upon such lemlnatlon, Contractor shell Immediately cease use of the
Site or (aelllt)es and commence and diligently pursue the ramoval of any and all of tts personal property (ram the site or facillHes,
(It)
Y9 e.k L -O I 19 n.a I Sri rn g
Consultant shall furnish the City wllh a copy or the policy declaration and endorsement pags(s), original certificates and
amendatory endorsoments or copies of the applicable policy language of(eeling ooverago required by this clause. All certificates
and endorsements are to be reeotved and approved by the Clly before work commences. Hewevor, failure to obtain the required
dncumerlls prior to the work beglnning shell not waive the Consulinni's obligation to provide them. The City reserves the right to
require complete, eeilified copies of all required Insurance policies, Including endorsements required by these apeclficallons, at
any time. Failure to exercise this right shall not constltuto a walvar of the City's right to exercise aftor the effective
date.
(I) $olf�Yr�yred RvlpnU_one
Sall -Insured retenlbna must be declared to and approved by the City The Cllymay require the CaneUflanl to provide proof ni 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.
U) Insuranre Llai/IS
The Ilmits of insuranFe described herein shall not limit the liability at the Contractor and Contractor's clrlcers, employees, agents,
represontdlives or aubconlreclors Conlraelor's obligation to defend, Indemnify and hold the City and Its oflicars, oFllclals,
employees, agents and volunlenra harmless under the provisions of this paragraph Is not limited In or reslrlced by any requirement
In the Agreement for Contraclor to procure and malnteln a polioy of Inaursnce.
(k) 21bcon.)Ldular6
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements slated herein, and
Consultant shall ensure that (;fly Is an additional insured on Insurance required from subcontractors
(1) tr sr �7su or p�
All Insurance required by the lerms or this Agreemenl must he provided by Insurers licensed to do business In the State of
California which ere rated al least "A-, VI' by the AM Beat Ralings Guide, and which ato acceptable to the City. Non-edmllled
surplus lines carriers may be accepted provided they are, Included on the most recent list of Callfornia eligible surplus lines
Insurers (LESLI list) and otherwise meet Clly requirements.
Signature:
Janice .gdich (Nov 16,202116:43 PST)
Email: jmagdich@lodi.gov
Page 2 1 of 2 pages 1 Risk: rev 311/2018
RESOLUTION NO. 2021-320
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH TRANSFORMER TECHNOLOGIES, LLC, OF SALEM, OREGON, FOR
HAZARDOUS ELECTRICAL WASTE DISPOSAL SERVICES
WHEREAS, in September 2020, Lodi Electric Utility (LEU) entered into an agreement with
Transformer Technologies, LLC, for the disposal of electrical hazardous waste; and
WHEREAS, the current agreement, set to expire December 31, 2021, provides a turn -key
solution of sampling, testing, and disposal services to help ensure LEU maintains compliance with
regulatory requirements pertaining to hazardous waste collection and disposal, primarily
associated with various transformers; and
WHEREAS, LEU also receives compensation for the recycled value of any scrapped
materials; and
WHEREAS, staff are proposing a new three-year agreement through December 31, 2024;
'ie
WHEREAS, this new agreement will include all previous services, in addition to providing
removal and disposal services associated with multiple LEU substation transformers; and
WHEREAS, in accordance with Lodi Municipal Code, Section 3.20.075, safety,
environmental, or hazardous material consultant contracts are exempt from advertising and
bidding requirements and shall be awarded on the basis of professional qualifications and
experience, quality of service, past performance, and negotiated prices.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby authorizes the
City Manager to execute a Professional Services Agreement with Transformer Technologies,
LLC, of Salem, Oregon for hazardous electrical waste disposal services, in an amount not to
exceed $100,000 over the three-year term; 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: December 1, 2021
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I hereby certify that Resolution No. 2021-320 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held on December 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
1F CUSMIR
City Clerk
2021-320