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HomeMy WebLinkAboutAgenda Report - April 6, 2022 C-10CITY OF Z10 t L CALIFORNIA AGENDA ITEM C to /0 COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land Application Alternatives Evaluation ($93,500) MEETING DATE: April 6, 2022 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land Application Alternatives Evaluation ($93,500) BACKGROUND INFORMATION: In total, the City owns 1,040 acres of land surrounding the WSWPCF. Portions of the land are used for the application of recycled wastewater for agricultural land irrigation, fish pond replenishment, and two power generating facilities (Exhibit A). Of the 1,040 acres, there are 790 Acres of agricultural land application area where the City is permitted by the State Water Resources Control Board (SWRCB) to irrigate with a mixture of disinfected tertiary - treated wastewater, disinfected secondary treated wastewater, and the City's industrial process wastewater. This land is used to grow crops for dairy cattle such as feed corn, wheat, and alfalfa. These crops are not allowed for consumption by humans. The City applies just under 4,000 acre-feet of recycled wastewater for agricultural purposes annually. In addition to agricultural irrigation, the City provides tertiary treated recycled wastewater to the Northern California Power Agency (NCPA) and San Joaquin Vector Control District (SJVCD). The recycled water provided to these agencies is treated to Title 22 Standards. NCPA is contracted with the City to use up to 1,800 Acre-feet of Title 22 recycled water; and the SJVCD utilizes approximately 215 acre-feet each year for their respective operations. Recycled water demand has the potential to grow over the next few decades due to persistent drought conditions and/or expanding need for alternative industrial uses. This Contract is intended to explore the City's long term (10-20 year) options for maximizing recycled water availability and for optimizing current and future supply and identifying the most beneficial disposal methods. Staff recommends authorizing City Manager to execute Professional Services Agreement with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land Application Alternatives Evaluation, in the amount of $93,500. APPROVED: Steve $chwabauer Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\WP\COUNCIL\2022\CC_WYA Recycled Water Supply Evaluation.docx 2/24/2022 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land Application Alternatives Evaluation ($93,500) April 6, 2022 Page 2 FISCAL IMPACT: As drought continues to persist, the demand for recycled wastewater and beneficial disposal options is also growing. This study will provide the information needed for the City to optimize this commodity. This contract does not impact the General Fund. FUNDING AVAILABLE: (53053003.72450) - $93,500 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director Q�a� Charles E. Swimley, Jr. Public Works Director CES/cs/cdb Attachment 1 Recycled Water Application Area City of Lodi Recycled Water Use Legend - r0ajor Roads City Limits City-ouvned.Agricultural Land N 0 0.125 025 0.5 Miles n I N L� I / Whit Slough North ern Ca#ifornla PowerAgency Nkter Poll uti on Con troi Faci lity Lodi Energy Center and STIG Plant tann County Mo s q u ito & Ve Ve cto ctor C on trol ❑ istri ct fish rearing facility City of Lodi Recycled Water Use Legend - r0ajor Roads City Limits City-ouvned.Agricultural Land N 0 0.125 025 0.5 Miles n I N AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and WEST YOST & ASSOCIATES, INC., a California corporation (hereinafter "CONTRACTOR"). Section 1.2 Pu rpose 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 Engineering Services to Perform a Recycled Water Supply and Land Application Alternatives Evaluation (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 ComDletion 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 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on April 7, 2022 and terminates upon the completion of the Scope of Services or on August 25, 2022, whichever occurs first. i'a 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 Pa ment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liabilit Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Charles Swimley To CONTRACTOR: West Yost Associates, Inc. 1001 Galaxy Way, Suite 310 Concord, CA 94520 Attn: Kathryn Gies Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law Jurisdiction Severability. and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 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. M Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 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 7 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 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: PAMELA M. FARRIS Assistant City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: F®R CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager WEST YOST & ASSOCIATES, INC. a California Corporation By: _ Name: Title: Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: (Business Unit & Account No.) Doc ID:file:///\\cvcfilv02\pubwks$\WP\PROJECTS\PSA's\2022\West%20Yost\PSA.doc CkRev.07.2021.elecsign 8 WWESTYOST ff Water. Engineered. March 7, 2022 Mr. Charles Swimley Director of Public Works City of Lodi 221 West Pine Street Lodi CA 95240 Exhibit A/B 1001 Galaxy Way 925.949 5800 phone Suite 310 530 756.5991 fax Concord CA 94520 westyost.com SENT VIA: EMAIL SUBJECT: Proposal for Engineering Services for the City of Lodi to Perform a Recycled Water Supply and Land Application Alternatives Evaluation Dear Mr. Swimley, The purpose of this letter proposal is to provide the City of Lodi with a proposed Scope of Services, Budget and Schedule for the Recycled Water Supply Evaluation. The purpose of this study it to evaluate options for managing the long-term water supply for the City's land application operations. SCOPE OF SERVICES The following is a list of the key tasks necessary to perform this proposed Scope of Services, each further described below: • Task 1. Potential Water Supply Identification • Task 2. Water Supply Enhancement Alternatives Evaluation • Optional Task 3. Cannery Process Water Treatment Evaluation ■ Task 4. Technical Memorandum • Task 5. Project Management Task 1. Potential Water Supply Identification West Yost will define the land application area water supply availability and demands anticipated over the next twenty-year period based on: • NCPA facility and San Joaquin County Vector Control District pond demands; • Wastewater influent flow increases associated with anticipated population increases; ■ Storage infrastructure available to hold flow during the non -irrigation season; • Availability of onsite irrigation well to supplement water demands; ■ The need to maintain current discharges to Dredger Cut in accordance with the recent Change Order Petition; and Mr. Charlie Swimley March 7, 2022 Page 2 The purpose of this task is to evaluate the current water supply availability thus providing a baseline for the evaluations completed under Task 2. Task 1 Deliverables ■ West Yost will provide findings that will be presented at the Project Meeting No. 1 described under Task 2 and incorporated into the Technical Memorandum provided under Task 4. Task 2. Water Supply Enhancement Alternatives Evaluation West Yost will develop a calibrated water balance of the City's existing system, using the latest data from operations of the recently constructed recycled water storage pond. West Yost will use the water balance to evaluate strategies for meeting the anticipated recycled water demands. The following scenarios will be considered for increasing/optimizing available supplies: • Reducing flows discharged to Dredger Cut • Implementation of alternative cropping patterns • Implementation of alternative biosolids management strategies • Increasing surface water diversions from Dredger Cut Diversion • Lining the storage ponds to minimize water losses • Treatment of Cannery Process Water to allow for storage and/or direct land application The analysis will evaluate the feasibility of each strategy, including preparation of preliminary costs for the improvements required to support the approach, as appropriate. The information developed under this task will be presented in a Project Meeting No. 1. Task 2 Assumptions • Client will provide information developed under previous City analyses to evaluate improvements needed for reliable operation of the Dredger Cut diversion. Task 2 Deliverables West Yost will provide figures and tables summarizing the findings from the evaluation will be presented at the Project Meeting No. 1 West Yost will provide the information developed under this task will also be detailed in the Technical Memorandum provided under Task 4. Optional Task 3. Cannery Process Water Treatment Evaluation If directed by the City based on the finding that treatment of cannery process water is identified as a viable strategy for ongoing management of the land application area under Task 2, West Yost will prepare an evaluation of potential cannery process water treatment strategies. The goal of the treatment would be to reduce the BOD and increase the pH of the cannery process water so that it can be directly land applied without significant blending from other supply sources. This analysis will include a screening evaluation of available technologies to define three potential options that should be effective in meeting the treatment goals. A layout and preliminary lifecycle cost estimate will then be prepared for the three identified strategies. WEST YOST Mr. Charlie Swimley March 7, 2022 Page 3 The information developed under this task will be presented in a Project Meeting No. 2. Task 3 Assumptions • It is assumed that an assessment of cannery process water treatment options will only be developed if this approach is defined as beneficial through the water balance analysis. • Three (3) viable treatment technologies will be identified and evaluated. Task 3 Deliverables • West Yost will provide figures and Tables summarizing the findings from the evaluation will be presented at the Project Meeting No. 2. • West Yost will provide the information developed under this task will also be detailed in the Technical Memorandum provided under Task 4. Task 4. Technical Memorandum The information developed under Tasks 1 through 3 will be compiled and summarized in a Technical Memorandum (TM). West Yost will prepare a draft TM for City review and use. Following receipt of City comments, a final TM will be prepared. Task 2 Assumptions • The City will provide written comments on the draft TM prior to West Yost preparing the final TM. Task 2 Deliverables ■ West Yost will provide an electronica (PDF) copy of the draft and final TM. Task 5. Project Management This task includes project management related activities, including project initiation, general project coordination, and development and review of project invoices. Under this task, brief descriptions of services performed will be developed and included with monthly invoices. Task 5 Deliverables ■ West Yost will prepare tonthly Project Invoices. PROJECT BUDGET West Yost's proposed level of effort and budget for each of the tasks described above is shown in Table 1. West Yost will perform the Scope of Services described above on a time -and -expenses basis, at the billing rates set forth in West Yost's attached 2022 Billing Rate Schedule, Attachment A, with a not -to -exceed budget of $55,500. If Task 3 is authorized, the not -to -exceed budget would be increased to $93,500. Any additional services not included in this Scope of Services will be performed only after receiving written authorization and a corresponding budget augmentation. WEST YOST Mr. Charlie Swimley March 7, 2022 Page 4 Table 1. Estimated Project Hours and Budget SCHEDULE West Yost anticipates Project Meeting No. 1 will occur within four (4) weeks after receiving notice to proceed and all required data. The TM will be delivered within four (4) weeks of Project Meeting No.1. If Task 3 is authorized, Project Meeting No. 2 would occur within four (4) weeks of Project Meeting No. 1 and the TM will be delivered within four (4) weeks of Project Meeting No.2. Thank you for providing West Yost the opportunity to be of continued service to the City of Lodi. We look forward to working with you on this important project. Please call if you have any questions or require additional information. Sincerely, WE T YOST Kathryn G' s, PE Engineer' g Manager RCE#65022 Attachment(s): West Yost 2022 Billing Rate Schedule Not -To -Exceed $93,500 WEST YOST Level of Effort, hours -.: .. .. Task 1. Potential Water Supply Identification 24 5,900 Task 2. Biosolids and Cannery Process Water Alternatives Evaluation 96 24,000 Task 3. Cannery Process Water Treatment Evaluation (Optional) 168 38,000 Task 4. Technical Memorandum 92 22,400 Task 5. Project Management 10 3,200 Total Project Hours and Budget 222 $55,500 Total Project Hours and Budget with Optional Task 3 388 $93,500 SCHEDULE West Yost anticipates Project Meeting No. 1 will occur within four (4) weeks after receiving notice to proceed and all required data. The TM will be delivered within four (4) weeks of Project Meeting No.1. If Task 3 is authorized, Project Meeting No. 2 would occur within four (4) weeks of Project Meeting No. 1 and the TM will be delivered within four (4) weeks of Project Meeting No.2. Thank you for providing West Yost the opportunity to be of continued service to the City of Lodi. We look forward to working with you on this important project. Please call if you have any questions or require additional information. Sincerely, WE T YOST Kathryn G' s, PE Engineer' g Manager RCE#65022 Attachment(s): West Yost 2022 Billing Rate Schedule Not -To -Exceed $93,500 WEST YOST 2022 Billing Rate Schedule (Effective January 1, 2022 through December 31, 2022)* W WEST ■ YOST Water. Engineered. Principal/Vice President $318 Engineer/Scientist/Geologist Manager 1 / II $301 / $315 Principal Engineer/Scientist/Geologist 1 / II $272 / $289 Senior Engineer/Scientist/Geologist I / 11 $244 / $256 Associate Engineer/Scientist/Geologist 1 / II $209 / $224 Engineer/Scientist/Geologist I / II $168 / $195 Engineering Aide $98 Field Monitoring Services $90 Administrative I / II / III / IV $86 / $109 / $130 / $144 �ENGINEERING TECHNOLOGY Engineering Tech Manager I / II $313 / $315 Principal Tech Specialist I / II $287 / $297 Senior Tech Specialist I / II $263 / $275 Senior GIS Analyst $238 GIS Analyst $225 Technical Specialist I / II / III / IV $168 / $191 / $215 / $240 Technical Analyst I / II $120 / $144 Technical Analyst Intern $97 Cross -Connection Control Specialist 1 / II / III / IV $125 / $136 / $152 / $170 CAD Manager $189 CAD Designer I / II $147 / $166 .CONSTRUCTION Senior Construction Manager $304 Construction Manager I / II / III / IV $185 / $199 / $211 / $267 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $162 / $180 / $201 / $209 Apprentice Inspector $147 CM Administrative I / II $79 / $106 Field Services $209 ■ Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. • The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. 0 Subconsultants will be billed at actual cost plus 10%. ■ Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. A A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This .schedule is updated annually Page 1 of 2 W 2022 Billing Rate Schedule WEST■ YOST (Effective January 1, 2022 through December 31, 2022)* Waver. Engineered, Equipment Charges 2" Purge Pump & Control Box $270 / day Aquacalc / Pygmy or AA Flow Meter $28 / day Emergency SCADA System $35 / day Gas Detector $80 / day Generator $39 / day Hydrant Pressure Gauge $10 / day Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day Low Flow Pump Controller $75 / day Powers Water Level Meter $32 / day Precision Water Level Meter $19 / day Stainless Steel Wire per foot $0.03 / day Storage Tank $15 / day Sump Pump $24 / day Transducer Components (per installation) $23 / day Trimble GPS — Geo 7x $220 / day Tube Length Counter $22 / day Turbidity Meter $22 / day Vehicle $10 / day Water Flow Probe Meter $20 / day Water Quality Meter $27 / day Water Quality Multimeter $185 / day Well Sounder $30 / day * This schedule is updated annually Page 2 of 2 EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the worts 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 $1,000,000 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 Employers 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 appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services. 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 ro'ect that it is insuring. (d) Se ve rab i RZ 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 Cancella i n or Chane 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 1 of 2 pages I Risk: rev. 3/1/2018 (f) 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.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (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. Q) 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) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer s All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev. 3/1/2018 RESOLUTION NO. 2022-75 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST & ASSOCIATES, INC., OF DAVIS, FOR RECYCLED WATER SUPPLY AND LAND APPLICATION ALTERNATIVES EVALUATION WHEREAS, in total, the City owns 1,040 acres of land surrounding the White Slough Water Pollution Control Facility and portions of the land are used for the application of recycled wastewater for agricultural land irrigation, fish pond replenishment, and two power generating facilities; and WHEREAS, recycled water demand has the potential to grow over the next few decades due to persistent drought conditions and/or expanding need for alternative industrial uses; and WHEREAS, this contract is intended to explore the City's long-term (10-20 year) options for maximizing recycled water availability and for optimizing current and future supply, and identifying the most beneficial disposal methods; and WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land Application Alternatives Evaluation, in the amount of $93,500. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with West Yost & Associates, Inc., of Davis, California, for Recycled Water Supply and Land Application Alternatives Evaluation, in the amount of $93,500; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution 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: April 6, 2022 I hereby certify that Resolution No. 2022-75 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 6, 2022 by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Chandler ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Assistant City Clerk 2022-75