HomeMy WebLinkAboutAgenda Report - October 7, 2009 K-01AGENDA ITEM K-01
CITY OF LODI
COUNCIL COMMUNICATION
. M
AGENDA TITLE: Adopt Resolution Awarding Professional Services Agreement to RMC Water and
Environment, of Walnut Creek, for Water Meter Planning, Design and Program
Management Services Project ($2,815,183) and Appropriating Funds ($3,250,000)
MEETING DATE: October 7, 2009
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution awarding a Professional Services Agreement to
RMC Water and Environment, of Walnut Creek, for the Water Meter
Planning, Design and Program Management Services Project for
$2,815,183 and appropriating funds in the amount of $3,250,000.
BACKGROUND INFORMATION: Assembly Bill 2572, adopted in 2004, requires water meters for all
connections to be installed by 2026. Over the course of the past
four years, City Council has taken several actions and received
considerable information regarding the installation of water meters
throughout the community and the implementation of usage -based water rates. A summary of the history
of Council presentations and actions is provided as Exhibit A.
At the May 2, 2007 City Council meeting, the Water Meter Retrofit Policy was adopted and the details of
that policy are provided in Exhibit A. The action requested of the Council will initiate the implementation
of that policy by retaining the services of a consultant team to provide the services outlined in the
Request for Proposal, attached as Exhibit B.
The primary objectives of the Water Meter Retrofit Policy were to accelerate the installation of residential
water meters and shorten the time period during which customers would be paying for water on a flat rate
versus a usage basis. The schedule to accomplish these objectives is provided below. Staff is unable to
meet the objectives/schedule of the policy without the outside resources that will be provided by the
subject agreement.
Self Installation Period
Install Pre -Paid Meters
InstallAll Meters
Adopt Advisory Water Rates
Adopt Final Water Rates
Issue Usage -Based Water Bills
January — December 2010
Completed except for 624
By December2013
December 2009
December 2010
January 2011— 2,900 customers
January 2012 — 6,900 customers
January 2013 — 9,800 customers
January 2014 — 16,300 completed
The total cost of design and construction of the meter and pipeline facilities to implement the policy is
estimated to be $34.3 million with $13.5 million coming from property owner payments for the water
APPROVED: 7 --
Blair King, C,itg'IC!!I' Hager
K:\WP\PROJECTS\WATER\Meters\RFP\C Award Design Contract.doc 10/1/2009
Adopt Resolution Awarding Professional Services Agreement to RMC Water and Environment, of
Walnut Creek, for Water Meter Planning, Design and Program Management Services Project ($2,815,183)
and Appropriating Funds ($3,250,000)
October 7,2009
Page 2
meter and related service upgrades. This includes a significant acceleration of the infrastructure
replacement program by relocating approximately 7.5 miles per year of undersized water mains from rear
yards to the fronting streets in each of three years. This avoids duplicating costs by installing a meter in
a rear yard on a smaller than six-inch main and then installing it again when the main is moved to the
fronting street. This condition exists at approximately 2,900 locations around the City and represents a
potential savings of approximately $3.4 million.
Property owner costs for water meter installations range from approximately $200 to $1,200. Fora
property with an existing standard meter box, the cost will be approximately $200 and it covers the cost
to purchase the meter, transponder and install the same. Fora property with a pre -1979 water service,
the cost will be approximately $1,200 and will include installation of a new service from the new main in
the street to the house and installation of a new water meter assembly (meter box, meter, and
transponder). The actual cost to the property owner will be based upon contractor bids plus an allocation
of project delivery costs.
Five firms were invited to submit proposals and four proposals were received. Four of the five firms had
been pre -qualified through a selection process in 2005 to provide water consulting services to the City.
The fifth firm, Global Water, specializes in this type of work in the state of Arizona. Two of the five firms
teamed together. The bids received are summarized below.
Proposer
RMC Water and Environment 1
West Yost Associates 2
HDR, Inc. 3
Global Water 4
Proposals were evaluated on the basis of approach, responsiveness to project requirements, relevant
experience, allocation of 20% of the work to a localfirm(s), and price. The firm recommended for award,
RMC Water and Environment, has identified several cost -savings measures that will be included in a
revised scope of services and lower fee. These will be negotiated with the firm and incorporated into the
final contract documents prior to execution. The requested appropriation of $3,250,000 includes the cost
of the Task No. 1 services and staffing costs to oversee the work. The period of the contract services will
be spread over a four-year period.
FISCAL IMPACT: It is a multi-year agreement funded by Water Capital.
FUNDING AVAILABLE: Requested Appropriation: $3,250,000 -Water Capital (181)
Jordan Ayers
Deputy City Manager/ rnal Services Director
A, MLI -4 L_
F. Wally Saelin
Public Work Director
FWS/pmf
Attachments
K:\WP\PROJECTS\WATERWIeters\RFP\C Award Design Contract,doc 10/1/2009
Exhibit A
History of Water Meter Presentations
and Policy Direction by City Council
December 6, 2005 Shirtsleeve: Staff presented a plan that would systematically install
water meters starting in Fiscal Year 2006/07 through Fiscal Year 2024/25. Customers
would pay for the meter only and the water utilitywould bear the cost of upgrading the
water service. Estimated annual cost $580,000. Total project cost $22 million less
customer meter charges of $5 million.
January 4, 2006 Council Meeting: City Council awards construction contract for the
installation of 400 single-family home meters.
April 10, 2007 Shirtsleeve: Staff presented information on a variety of topics including
meter installation costs, pilot test data, rate/revenue implications of metering, cost
sharing between customers and the utility, and financing considerations of an
accelerated program.
May 2, 2007 Council Meeting: City Council adopts resolution approving staff
recommendation and timeline for the accelerated Water Meter Retrofit Project.
• July 2007 — Begin installing meter on all new services
• Second half 2007 — Develop program, amend ordinance
• January 2008:
o Send letter to property owners requiring installation of meter as condition
of service with January 2009 deadline or City will install and bill
o Start four-year program to install (at no charge) pre -paid meters
• 2008 — Finish program details, including:
o Bid installation contract
o Adopt interim tiered residential rate structure
o Establish retrofit charge (with one-time or two-year payment plan);
o Establish low-income, owner -occupied cost reduction program (with
CDBG funds)
• January 2009 — Start three-year contract to install meters, including service upgrades
• January 1, 2010 — Start metered billing for customers with meter
• 2009 thru 2011 — Implement program, including cost of service and rate study
February 20, 2008 Council Meeting: City Council adopts resolution awarding contract
for the installation of 550 single-family home meters.
August 6, 2008 Council Meeting: City Council adopts resolution awarding contract to
The Reed Group, Inc., for Water Utility Financial Planning, Rate Setting, and Meter
Installation Program Financing plan.
September 3, 2008 Council Meeting: City Council awards construction contract for the
installation of 1,930 single-family home meters.
December 2, 2008 Shirtsleeve: Staff presented an alternative water meter installation
program that did not receive support from the Council. The principal components of that
alternative are provided below:
• Charge customers for the meter only or approximately $200 and the utility
infrastructure replacement program pays for the main relocation and service
upgrades
• Complete 83% of the meter installations by 2016 for approximately 14,300
customers
• Staff prepares plans and specifications and constructs every other year a
$2,000,000 project
March 31, 2009 Shirtsleeve: Staff presented an overview report on the Water and
Wastewater Utilities as requested at the prior meeting. The Water Utility presentation
included a 10 -year expenditure plan for the water meter installation program like that
described at the December 2, 2008 Shirtsleeve. Again, the Council did not present
support for the alternative program.
July 14, 2009 Informal Council Sub -Committee Meeting: Staff presented a finance,
design and construction program for implementation of the Water Meter Installation
Policy adopted on May 2, 2007 with modified milestone dates.
• Self -installation period January — December 2010
• Installation of pre -paid meters completed in 2009
• Install all meters by December 2013
• Issue usage -based water and wastewater utility bills beginning January 2011 and
thence in January 2012, January 2013, and January 2014
• Property owners pay for the full service upgrade and meter installation costs
ranging from $200 to $1,200
• Accelerate replacement of water mains smaller than six inches in diameter to
approximately seven miles per year for three years (2011, 2012, and 2013)
Implementation included bringing back to the Council a design contract for an
accelerated infrastructure and water meter construction program.
Exhibit B
REQUEST FOR PROPOSALS
for
WATER METER PLANNING, DESIGN AND
PROGRAM MANAGEMENT SERVICES PROJECT
Request for Proposals Issuance Date:
August 14,2009
Proposal Due Date
September 25,2009
At 5:00 P M Pacific Time
Address Proposals to:
Wally Sandelin
Public Works Director
221 W. Pine Street
P. O. Box 3006
Lodi, CA 95240
wsandelin@lodi.sov
City of Lodi - Water Meter Planning, Design and Pragram Management
Page 2 of 6
REQUEST FOR PROPOSALS
For
WATER METER PLANNING, DESIGN AND
PROGRAM MANAGEMENT SERVICES PROJECT
The City of Lodi, California, invites your firm to submit a proposal for the Water Meter Planning, Design and
Program Management Services Project ("Project"). The Project includes planning, design and program
management for the system -wide installation of approximately 13,000 water meters throughout the City
over a four-year period, and the relocation of approximately 105,000 feet of small -diameter water mains
(2 -inch to 4 -inch diameter) from backyard easements to public right of ways (converting all such mains to
6 -inch to 8 -inch diameter). The Project work is to be executed and completed in general conformance with
the preliminary Scope of Work, as modified by mutual agreement between the City and the Consultant, and
the City's standard Professional Services Agreement (both attached).
Please carefully review the requirements of this Requestfor Proposal (RFP) and all attachments and, if so
inclined, provide a detailed proposal outlining your qualifications and experience, proposed approach and a
proposed fee for the Project services specifically described in this RFP.
To be considered, five (5) copies of your proposal must be received a t the City of Lodi Public Works
Department, 221 W. Pine Street, Lodi, CA, 95240, Attention: Wally Sandelin, no later than 5:00 PM,
September 25, 2009. Late proposalswill not be considered.
The City intends to review the submitted proposals before determining whether one or more firms will be
asked to attend an interview as a part of the selection process for this project.
Backgrou nd
The City of Lodi, California is a community of approximately 63,000 located in Northern California.
There are approximately 17,000 water connections in the City, and the average water demand is
14.5-mgd. Most City water customers are currently unmetered, and a flat rate is charged for water
service. The primary intent of the Project is to implement a program to install meters at all service
connectionsto allow usage -based billing for water. The Projectalso includesthe relocation of
small -diameter water mains that are currently located in backyard easements and alleys. Service
connections on 6 -inch or larger mains located in backyard easements or alleys will remain in place
and meter assemblies will be installed at the existing service location.
City of IA& - Water Meter Planning, Design and Program Management
Page 3 of 6
City Council has provided policy direction on the Project as described below:
o Minimize to 3 years the time period during which customers would receive a mix of flat
rate and usage -based water bills
o Charge each property owner the cost of installing the meter assembly at all residential
properties. The City estimateswater meter installation chargeswill vary depending on
the existing water service configuration. The City estimates are as follows:
■ Meter installed in existing meter box where recently installed by Cityforces:
$200
Meter set into meter vault installed by the City in the period 1979 — 1992time
frame: $350
■ Replace existing Rich Box and valve with standard meter assembly: $1,200
o Provide a one-year period (Januarythrough December 2010) during which property
owners would have the option to individually arrange for the installation of their water
meter under guidelines to be prepared by the City.
o Payment for the water meter maybe by single payment or extended payments at low
interest rate.
Of the 17,000 connections in the City, 3,000 have prepaid for the cost of meter installation since
1992, and the City has been collecting fees for water main relocation for 8 years. The City has
installed approximately 3,000 meters and is preparing to send comparative usage and cost
information during 2010 and to issue the usage -based bills to this group of customers beginning
January 1, 2011.
The City has prepared a suggested, 3 -year phasing plan for the water meter installation and water
main relocation (following the 1 -year self -installation period)that includes approximately 7 miles of
new distribution pipe per phase and between 2,800 to 6,500 meter installations per phase.
Alternative phasing may be proposed that meets the City objective to have all residential water
meters installed by the end of 2013, City's plan is to award construction contracts on or about
March 1 of 2011,2012, and 2013.
City has prepared a map indicating the location of the proposed distribution pipes and water meter
installations, alongwith the City's suggested phasingfor the 3 -year installation program. The City's
geographic information is maintained in a MapGuide platform.
11. Proposal Requirements
To be considered, proposals shall conform to the following requirements:
o Page Limit: 20 pages (not including transmittal letter, table of contents, dividers,
resumes)
o Page size: 8,5"x11" (11"x17" allowed for tables and maps and counting as a page in the
page limit)
City of Lodi - Water Meter Planning, Design and Program Management
Page 4 of 6
o Proposal outline:
1. Transmittal letter (2 pages maximum), including:
■ Contact information for firm and proposed project team
Summary of approach and highlights
Brief team introduction
■ Acknowledgement of any addenda
2. ProjectTeam Introduction, Qualifications and Experience, including:
Organization chart
■ Subconsultant introduction
' Key team member introductions and summary of staff experience
■ Statement of staff commitment for this project
3. Project Understanding and Approach
■ Detailed description of approach to project planning, design, program
management, and project deliverables.
■ Design services include the design of new water transmission pipes and services,
the design details required for the transfer of services from rear yards to front
yards, the identification and resolution of utility conflicts, system modifications
required as a result of abandonment of rear yard mains, installation of fire
hydrants and other typical water main appurtenances, surveys, and aerial
photogrammetry to support design.
Program management includes establishing and maintaining a database
compatible with City's information systems data bases; tracking of all project -
related activities by parcel and ownership; communications with City, customers
and owners at all phases of the project; documenting as -installed meter
information to City for meter reading and billing purposes; and resolving all
water meter and service issues during construction.
■ Describe how approach will meet the goals of the City that include, but are not
limited to:
- Maintaining a local presence during critical phases of design and
construction
- Communicating with customers and property owners of diverse cultural
backgrounds
Devising creative and innovative approach to schedule and cost
control
- Assuring quality
4. Detailed Scope of Work
■ The City has provided a preliminary Scope of Work (Attachment A); the
proposer should expand upon and suggest changes/additions to this Scope of
Work. However, as noted below, the City's proposed Scope of Work shall be the
basis of the proposer's base -line fee proposal.
City of Lodi - Water Meter Planning, Design and Program Management
Page 5 of 6
Consultant shall disclose key assumptions and data requirements in the detailed
Scope of Work.
Consultant's Scope of Work must be consistent with proposed Project
Approach.
As indicted in the preliminary Scope of Work, Project deliverables include, but
are not limited to:
- Self—installation handbook describing the procedures and requirements
for property owners installation of water meters in the year 2010.
- Meter installation database including all project details (Oracle D132/400
platform)
- Phasing Technical Memorandum
- Project design manual
- Engineer's Opinion of Probable Construction Cost, including basis of cost
estimate technical memorandum
- Plans, Specifications and Estimate submittals at 30%, 60%, 90% and
Final design completion milestones (each phase), including:
o Plan and profile drawings for new distribution pipes (30 -scale
horizontal and 2 -scale vertical)
o Plan drawings for meter installations at existing Rich Boxes (pre -
1979) and meter vaults (1979 —current) locations (30 -scale)
o Construction details
- Bidding assistance documentation
- As -built electronic plan and profile data (AutoCAD) for constructed
transmission pipes and water meters
- Project records of communications with City staff, water customers and
property owners
5. Project Schedule
■ Provide proposed schedule to meet City's identified milestones
Three-year program, bidding each January (beginning 1/2011) for construction
starting each April
6. Staff Resumes (may be placed in appendix)
7. Primary Contact Person (s)
8. Exceptions to City's Professional Service Agreement (excluded from page limit)
Must list any exceptions in writing
■ Citywill consider exceptions at its discretion
9. Fee Proposal
' The base-linefee proposal shall be developed based on the City's proposed
scope of work herein, and broken into three-year phases with level of effort
indicated by task and person/staff category. Include other direct costs (ODC)
and subconsultant costs. Identify proposed markup of ODCs and subconsultant
costs, as well as the proposed hourly rate schedule for Consultant staff.
City of Lodi - Water Meter Planning, Design and Program Management
Page 6 of 6
Consultant should anticipate that the first phase of the project will be
authorized initially, with subsequent phases authorized at the City's discretion
and based upon Consultant's performance on the first phase.
If Consultant is proposing deviations from the City's proposed scope of services,
it shall indicate the cost impact below the base fee estimate bottom line, broken
out in phases as described above.
III. Consultant Selection Criteria
Proposalswill be scored in accordancewith the following criteria (Total of 50 points):
o Up to 15 points awarded for approach and responsiveness to project requirements.
o Up to 10 points awarded for relevant experience
o Up to 10 points awarded for proposals assigning 20% of total fee to a firm locatedwithin
San Joaquin County. Straight line reduction to zero points awarded for proposals
assigning 10%or less of total fee to a firm located within San Joaquin County.
o Up to 15 points awarded for price within 100%- 110% of lowest price proposal. Straight
line proration to zero points awarded for price within 110%- 125%of lowest price
proposal.
IV. Questions and Addenda
All questions regarding this Requestfor Proposal must be emailed to Mr. Wally Sandelin, Public
Works Director(wsandelin2lodi.gov). The last date to submit questions is September 16, 2009.
Questions received after this date will not be answered.
Addenda will be released via email if required. Those planning to provide a proposal must submit
email addresses to Wally Sandelin to receive addenda; all addenda to be acknowledged in the
transmittal letter.
V. Attachments
A, Draft Scope of Work
B, Standard Professional Services Agreement
C. City Meter Program Phasing Plan
Attachment A I
Attachment A:
Draft Scope of Work
This Draft Scope of Work has been prepared by the City to define basic requirements and to
define the City's goals for the project. Consultant shall expand upon and/or suggest
modifications as appropriate to improve project delivery and/or provide additional benefit to
the City.
The Consultant's Scope of Work shall not include:
■ Environmental documentation (CEQA by City)
■ Construction inspection
Task 1- Project Management
o Budget and Schedule Tracking
■ Monthly invoicing (invoice at the task level).
■ Detailed monthly progress report to accompany invoice. Track
budget status (% spent, remaining) and schedule. Identify project
issues or outstanding items.
o Project Meetings and Communication
■ Prepare for and administer monthly status meetings throughout the
project.
Required meetings include project kick-off (each phase), review
workshops for each project deliverable, and technical workshops, as
required. Proposers should refine list of proposed meetings in
detailed Scope of Work.
o QA/QC
■ Internal QA/QC procedures/plan
o Deliverables:
Meeting/workshop agendas and preparation materials and meeting
minutes
■ Monthly invoices with detailed progress reports
Task 2 -Data Collection
o Field reconnaissance
Conduct field visits throughout project area to determine location
and type of existing meters and new service locations
■ Locate front yard hose bibbs (for service connections to relocated
distribution mains)
o Records Research
Research data available from the City: distribution system
drawings, meter data, aerial photography and mapping, MapGuide
data, existing electric meter read schedule (for coordination with
project phasing and meter read starts)
o Utility Research
Researchall buried utilitieswithin project areas, including, but not
limited to, service laterals to affected residences, water, sewer,
natural gas, telecommunications, and cable lines. Contact utilities
to confirm locations.
o Other data
Consultant shall define other data needs, as required.
o Deliverables:
■ Data requests
■ Summary of data collected
Task 3 -Phasing Technical Memorandum
The City has drafted a 3 -year phasing plan (3 phases of construction following the self -
installation period). Refer to the attached map for the proposed phasing.
o Review proposed phasing plan and propose refinements, if applicable
o Key phasing goals to be considered:
• Cash flow: City will collect fees for installation, allowing for multi-year financing at
low interest rates, self installation or up front payment.
■ Minimize repeated disruption to neighborhoods and roadways, minimize duration
of disruptions
Distribute work evenly over phases relative to:
9 Length of pipe
➢ Number of connections/meters
Type services
9 Cost (develop cost estimates for each phase)
• Consider age and condition of pavement
o Deliverables:
■ Draft and Final Phasing Technical Memorandum
• GIS Map(s) identifying areas/pipelines included in each phase and the proposed
construction schedule within each phase
Task 4 -Self-Installation Manual
Consultant shall prepare the City's Self Installation Manual to instruct property owners wishing
to self -install their meters. Manual will provide property owners with information regarding
permitting of the work, inspection requirements, instructions on where and when to obtain a
meter, property owner rights and obligations upon undertaking self -installation, and
instructions on how additional information may be obtained. Consultant shall be the primary
contact for questions/concerns and for organizing distribution of meters. All communications
shall be logged.
The Final Self Installation Manual must be ready for distribution by January 2010.
o Deliverables:
■ Draft and Final Self Installation Manual
Task 5 -Preliminary Design (301x)
o Prepare a complete preliminary design submittal covering all phases of implementation
in accordance with the Phasing Plan developed under Task 3.
o Preliminary Design shall include:
. Typical construction details for meter replacement addressing types of existing
connection configurations identified during field visits. Details should be
compatible with minimally invasive construction techniques whenever
possible (micro -tunneling, connection at existing hose bibbs, etc.) For
purposes of preparing the proposals, Consultant shall assume three typical
installation types:
➢ Rich Box converted to a standard meter in rear yard or alley (Main
size greater than or equal to 6 inches, no main relocation)
➢ Rich Box abandoned in rear yard and new service installed in front
yard with connection to new main (connection to hose bibb or
other accessible site)
➢ Install meter in existing meter box
• Proposed pipeline horizontal alignments for relocated pipelines, Must show:
➢Background mapping (streets and key topographic features)
>Service locations
➢Abandonment or removal of existing pipelines
■ Sequencingfor connections
. Construction Cost and Schedule
■ Design Criteria, assumptions and standards
o Deliverables:
■ Draft and Final Preliminary DesignTechnical Memorandum
Task 6 -Final Design
o Develop drawings (plan and profile for new mains and plan view for meters and
services)for each phase
o Project phases to be designed and constructed in sequence —e.g., Phase 1design
must be completed and ready for bid by January 1,2010, and design of subsequent
phases (2 and 3) may be completed during construction of previousphase(s) to be
advertised for bid in January of subsequent years.
o Each phase will go through 60%, 90% and Final Design, as defined below, and each
submittal will gain detail and respond to City's comments on previous submittals
o Deliverables:
o Provide 5 hardcopies of each submittal package.
• Plans shall be half-size (11"x17") and developed in AutoCAD, using
the City's standard title block and CAD standards.
■ Specifications shall be 16 Division CSI format, prepared in K/lS Word.
Use City's front end specifications (Divisions 0 and 1)and edit to
make project -specific.
o Provide one CD -Rom containing.pdf format files of all drawings,
specifications and supporting documentation. Organize CD -Rom for easy
navigation. Title drawing and specification files for easy identification,
o For Final Design Deliverable, provide one full-size, camera-ready, unbound
mylar set of drawings (in addition to half size sets discussed above)
5.1 60% Design
o Provide plan and section views of all relocated pipelines, show points of connection
for relocated connections, show all utilities
o Show location and type of meter for new meter installations
o Provide design details, including meter installation, connections, roadway paving,
trenching, etc.
o Provide technical specifications for major equipment or project components and a
complete table of contents for final design package
o Provide engineer's cost estimate
o Provide design memorandum summarizing contents of the submittal package,
outstanding items, etc.
5.2 90% Design
o Incorporate City comments on 60% Design
o Provide plan and section views of all relocated pipelines, show points of connection
for relocated connections
o Show location and type of meter installation for new meter installations; provide
notes for special -circumstance installations
o Provide design details, including meter installation, connections, roadway paving,
trenching, etc.
o Provide complete technical specifications
o Provide engineer's cost estimate
o Provide design memorandum summarizing contents of the submittal package,
outstanding items, etc.
5.3 Final Design
o Incorporate City comments on 90% design
o Provide final plans, specifications and engineer's cost estimate
o All submittal items shall be signed and stamped by the responsible engineer
Task 7 -Bid Period and Construction Support
o Consultant shall assist the City in administering bid- and construction -phase
activities
o The following Bid Period tasks shall be performed for each project bid phase:
■ Produce and distribute up to 30 copies of bid documents (specifications and
half-size drawings)
■ Maintain plan holders list
■ Respond to bidder questions
■ Prepare and distribute addenda to plan holders, as required
■ Administer pre-bid meeting (11 per phase)
■ Evaluate bids for completeness
o The following construction support tasks shall be performed for each project
construction phase:
■ Consultant shall maintain a project office within the City of Lodi and provide
staff as required to perform construction phase activities. Project office
should be suitable for meetings with tenants and property owners and shall
include space for construction contractor community liaison.
■ Consultant shall be present during construction to advise construction
contractor/construction manager, as required, during meter and pipeline
installation on a site -by -site basis. For example, Consultant shall confirm
with the contractor which type of meter installation is applicable for each
affected property and shall determine if special conditions or conflicts exist
at properties, and direct contractor regarding how to address issues in the
field.
Task 8 -Meter Program Administration
o Consultant shall serve as program administrator for the Meter Program. This task
begins during design and continues through final acceptance of the construction
project.
o Local Office/public Relations: Consultant shall be the primary public contact for
questions/concerns prior to and during construction.
o Consultant Performance: Consultant is responsible in every way for conducting,
administering and documenting meter installations and the start of meter reads.
Consultant shall work closely with and follow direction of the City and shall
implement program in keeping with City's policies and procedures.
o Public Notices: Consultant shall provide notices to affected property
owners/residents. City will provide mailing list database of property owners and
residents. It is critical to note that approximately 46% of single-family homes within
the City are not owner occupied, Both property owners (who are responsible for
paying for installation) and customers (who may or may not be the property
owners) must be contacted, as appropriate. Including both owners and tenants, the
City estimates a total of 30,000 mailing addresses. Consultant shall develop draft
notices, as defined below, and submit to City for review/comment. Consultant is
responsible for all reproduction and mailing costs.
Final notices, incorporating City comments, shall be mailed at the following project
milestones (if Consultant proposes an alternate mailing schedule, Consultant must
demonstrate that the intent of the schedule presented below is maintained):
• December 2009 — Projectand Self Installation Announcement: Consultant
shall send noticesto all property owners to introduce the water meter
project, describe the intent and scope of the program and present
payment/financing options for the project, including the option to self -
install in accordancewith the Self -Installation Manual developed bythe
Consultant. Mailing shall include introduction to the concept of self -
installation and instructions regarding how to obtain the self -installation
manual to obtain additional information. Consultant shall be the point of
contact for those wishing to obtain the manual and to answer questions
from property owners. Consultant shall maintain a log of all
communications.
At the conclusion of Preliminary Design: Consultant shall mail notices to all
affected property owners and customers describingthe intent and scope of
the Water Meter Program, estimated schedule for implementation for each
effected property, answers to frequently asked questions, and contact
information to obtain additional information (Consultant).
■ At the conclusion of 60% Design: Consultant shall mail notices to affected
property owners and customers for the project Phase currently in design.
Notice shall present the estimate schedule for completion, and describe the
construction activities and impacts and provide contact data to obtain
additional information (Consultant) and for filing concerns/complaints prior
to or during construction. Mailing shall direct recipients to submit, in
writing, any objections to the planned project and shall establish a deadline
for doing so well in advance of the completion of final design such that, if
deemed necessary by the City, final design can reflect special circumstances.
Installation of water meters is mandatory for all water customers.
At the conclusion of Final Design: Consultant shall send detailed notice to
affected property owners and customers with specific dates for meter
installation. Notice shall confirm that property owners and/or tenants
did/did not submit written objections, and whether such objections have
been resolved, and remind recipients of contact information for additional
questions.
■ At the conclusion of meter installation: Consultant shall mail notices to
property owners and customers confirming that installation is complete,
noting the date of completion and notifying property owners of the date on
which meter reading and billing will begin in accordance with City of Lodi
requirementsfor public notification. Provide contact information to obtain
additional information (Consultant).
o Consultant shall maintain a database containing a record of all notices mailed,
responses to such notices, dates on which individual meters were installed and
dates on which meters are read. Such information shall be entered into a database
compatible with the City's existing billing database (Oracle DB2/400 format) such
that complete records can be turned over to the City at any time during program
implementation and at the conclusion of the project.
o Consultant shall coordinate with the City to ensure that meter reading schedule
complements existing electricity meter readings and shall schedule initial meter
reads accordingly (water and electric meter will be read concurrently and allow for
remote reading).
o Consultant shall maintain and complete paperwork required by the City for properly
documenting meter installation. This information includes meter specifications,
meter serial number, electronic radio transmitter specifications, electronic radio
transmitter serial number, address, parcel number and meter reading.
o Consultant shall provide information to City suitable for posting on City website for
public notice of project status.
AGREEMENT FOR CONSULTING SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on
Attachment B
, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
(hereinafter "CONSULTANT") .
Section 1.2 Purpose
CITY selected the CONSULANT to provide water meter planning, design and
program management service in accordance with attached scope of services, ExhibitA.
CITY wishes to enter into an agreement with CONSULTANT for Water Meter
Planning, Design and Program Management Services Project (hereinafter "Project") as
set forth in the Scope of Services attached here as Exhibit A.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONSULTANT, for the benefit and at the direction of CITY, shall perform the
scope of services as set forth in Exhibit A, attached and incorporated by this reference.
Section 2.2 Time For Commencement and Completion of Work
CONSULTANT shall commence work within ten (10) days of executing this
Agreement, and complete work under this Agreement based on a mutually agreed upon
timeline.
CONSULTANT shall submit to CITY documents as indicated in the attached
project scope of services.
CONSULTANT shall not be responsible for delays caused by the failure of CITY
staff or agents 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 CONSULTANT's contract performance period. Also, any delays
due to weather, vandalism, acts cf God, etc., shall not be counted. CONSULTANT shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
K:\WP\PROJECTS\WATER\Meters\RFP\AGREEMENT FOR PROFESSIONALSERVICES.doc 1
Section 2.3 Meetings
CONSULTANT shall attend meetings as indicated in the Scope of Services,
Exhibit A.
Section 2.4 Staffing
CONSULTANT acknowledges that CITY has relied on CONSULTANT's
capabilities and on the qualifications of CONSULTANT's principals and staff as identified
in its proposal to CITY. The scope of services shall be performed by CONSULTANT,
unless agreed to otherwise by CITY in writing. CITY shall be notified by CONSULTANT
of any change of Project Manager and CITY is granted the right of approval of all
original, additional and replacement personnel in CITY's sole discretion and shall be
notified by CONSULTANT of any changes of CONSULTANT's project staff prior to any
change.
CONSULTANT represents that it is prepared to and can perform all services
within the scope of services specified in Exhibit A. CONSULTANT 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 CONSULTANTto
practice its profession, and that CONSULTANT shall, at its own cost and expense, keep
in effect during the life of this Agreement all such licenses, permits, qualifications,
insurance and approvals.
Section 2.5 Subcontracts
CITY acknowledges that CONSULTANT may subcontract certain portions of the
scope of services to subconsultants as specified and identified in Exhibit A. Should any
subconsultants be replaced or added after CITY's approval, CITY shall be notified within
ten (10) days and said subconsultants shall be subject to CITY's approval prior to
initiating any work on the Project. CONSULTANT shall remain fully responsible for the
complete and full performance of said services and shall pay all such subconsultants.
ARTICLE 3
)MPENSA ION
Section 3.1 Compensation
CONSULTANT's compensation for all work under this Agreement shall not
exceed the amount of Fee Proposal, attached as a portion of Exhibit A.
CONSULTANT shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
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Section 3.2 Method cf Payment
CONSULTANT shall submit invoices for completed work on a monthly basis,
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.
Section 3.3 Costs
The fees shown on Exhibit A include all reimbursable costs required for the
performance of the individual work tasks by CONSULTANT and/or subconsultant and
references to reimbursable costs located on any fee schedules shall not apply. Payment
of additional reimbursable costs considered to be over and above those inherent in the
original Scope of Services shall be approved by CITY.
CONSULTANT charge rates are attached and incorporated with Exhibit A. The
charge rates for CONSULTANT shall remain in kind and unchanged for the duration of
the Project unless approved by CITY. Annual adjustments to individual charge rates will
be permitted based upon the San Francisco Bay Area Consumer Price Index.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONSULTANT
to CITY for services under this Agreement. Upon request, CONSULTANT agrees to
furnish CITY, or a designated representative, with necessary information and assistance.
CONSULTANT agrees that CITY or its delegate will have the right to review,
obtain and copy ail records pertaining to performance of this Agreement.
CONSULTANT 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. CONSULTANT further agrees to maintain such records for a period of
three (3) years afterfinal payment underthis Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONSULTANT shall not
discriminate in the employment of its employees or in the engagement of any
K:\WP\PROJECTS\WATER\Meters\RFP\AGREEMENT FOR PROFESSIONAL SERVICES,doo 3
subconsultants 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 Responsibility for Damage
CONSULTANT shall indemnify and save harmless the City of Lodi, the City
Council, elected and appointed Boards, Commissions, all officers and employees or
agent from any suits, claims or actions brought by any person or persons for or on
account of any injuries or damages sustained or arising from the services performed in
this Agreement but only to the extent caused by the negligent acts, errors or omissions
of the consultant and except those injuries or damages arising out of the active
negligence of the City of Lodi or its agents, officers or agents.
Section 4.3 No Personal Liability
Neither the City Council, the City Engineer, nor any other officer or authorized
assistant or agent or employee shall be personally responsible for any liability arising
under this Agreement.
Section 4.4 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work prior to final acceptance, except as expressly provided herein.
Section 4.5 Insurance Requirements for CONSULTANT
CONSULTANT shall take out and maintain during the life of this Agreement,
insurance coverage as listed below. These insurance policies shall protect
CONSULTANT and any subcontractor performing work covered by this Agreement from
claims for damages for personal injury, including accidental death, as well as from
claims for property damages, which may arise from CONSULTANT'S operations under
this Agreement, whether such operations be by CONSULTANT or by any subcontractor
or by anyone directly or indirectly employed by either of them, and the amount of such
insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Bodily Injury -
Ea. Occurrence/Aggregate
$1,000,000 Property Damage -
Ea. Occurrence/Aggregate
or
K:\WP\PROJECTS\WATER\Meters\RFP\AGREEMENT FOR PROFESSIONAL SERVICES.doo 4
$1,000,000 Combined Single Limits
2, COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury - Ea. Occurrence
$1,000,000 Property Damage - Ea. Occurrence
or
$1,000,000 Combined Single Limits
NOTE: CONSULTANT agrees and stipulates that any insurance coverage
provided to CITY shall provide for a claims period following termination of coverage.
A copy of the certificate of insurance with the following endorsements shall be
furnished to CITY:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed Boards, Commissions, Officers, Agents, Employees and
Volunteers as additional named insureds insofar as work performed by the insured
underwritten Agreement with CITY. (This endorsement shall be on a form furnished
to CITY and shall be included with CONSULTANT'S policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall
apply as primary insurance. Any other insurance maintained by the City of Lodi or
its officers and employees shall be excess only and not contributing with the
insurance afforded by this endorsement.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of
more than one insured shall not operate to increase the limit of the company's
liability.
(d) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled by the company without 30 days' prior written
notice of such cancellation to the City Attorney, City of Lodi, P.O. Box 3006, Lodi,
CA, 95241.
(e) CONSULTANT agrees and stipulates that any insurance coverage provided to
CITY 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
K:\WP\PROJECTS\WATER\Meters\RFP\AGREEMENT FOR PROFESSIONAL SERVICES,doc 5
California Tort Claims Act (California Government Code Section 810 et seq.).
"Claims made" coverage requiring the insureds to give notice of any potential
liability during a time period shorter than that found in the Tort Claims Act shall be
unacceptable.
Section 4.6 Worker's Compensation Insurance
CONSULTANT shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of CONSULTANT'S employees employed at
the site of the project and, if any work is sublet, CONSULTANT shall require the
subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the
CONSULTANT. In case any class of employees engaged in hazardous work under this
Agreement at the site of the project is not protected under the Worker's Compensation
Statute, CONSULTANT shall provide and shall cause each subcontractor to provide
insurance for the protection of said employees. This policy may not be canceled northe
coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the City Attorney, City of Lodi, P.O. Box 3006,
Lodi, CA 95241.
Section 4.7 Attornev's Fees
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
court.
Section 4.8 Successors and Assigns
CITY and CONSULTANT each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONSULTANT 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.
K;1WPIPROJECTSIWATERIMeterslRFP1AGREEMENT FOR PROFESSIONAL SERVICES.doc 6
Section 4.9 Notices
Any notice required to be given by the terms of this Agreement shall be deemed
to have been given when the same is personally served or sent by certified mail or
express or overnight delivery, postage prepaid, addressed to the respective parties as
follows:
To CITY: City of Lodi
F. Wally Sandelin, Public Works Director
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
To CONSULTANT:
Section 4.10 Cooperation of CITY
CITY shall cooperate fully in a timely manner in providing relevant information
that it has at its disposal.
Section 4.11 C V*�TANr is Not an Employee of CITY
It is understood that CONSULTANT is not acting hereunder in any manner as an
employee of CITY, but solely under this Agreement as an independent contractor.
Section 4.12 Termination
CITY may terminate this Agreement by giving CONSULTANT 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, CONSULTANT
shall be entitled to payment as set forth in the attached Exhibit A to the extent that the
work has been performed. Upon termination, CONSULTANT 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 CONSULTANT with third parties
in reliance upon this Agreement.
Section 4.13 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.
K:\WP\PROJECTS\WATER\Meters\RFP\AGREEMENT FOR PROFESSIONAL SERVICES. doc
Section 4.14 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.
Section 4.15 Integration and Modification
This Agreement represents the entire integrated Agreement between
CONSULTANT and CITY; supersedes all prior negotiations, representations, or
Agreements, whether written or oral, between the parties; and may be amended only be
written instrument signed by CONSULTANT and CITY.
Section 4.16 Applicable Law and Venue
This Agreement shall be governed by the laws of the State of California. Venue
for any court proceeding brought under this Agreement will be with the San Joaquin
County Superior Court.
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 Authori
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer tapes or cards,
or other material documents or data, and working papers, whether or not in final form,
which have been obtained or prepared for this project, shall be deemed the property of
CITY. Upon CITY's request, CONSULJANJ shall allow CITY to inspect all such
documents during regular business hours. Upon termination or completion, all
information collected, work product and documents shall be delivered by CONSULTANT
to CITY within ten (10) days.
CITY agrees to indemnify, defend and hold CONSULTANT harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were prepared.
K:\WP\PROJECTS\WATER\Meters\RFP\AGREEMENT FOR PROFESSIONALSERVICES.doc 8
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
Agreement as of the date first above written.
ATTEST:
By o
C TY CLERK
APPROVED AS TO FORM:
Dated:
By
CITY OF LODI, a municipal corporation
as
By:
D.STEPHEN SCHWABAUER
CITY ATTORN EY Its:
BLAIR KING
CITY MANAGER
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Attachment C
METER PROGRAM PHASING PLAN
MAP LEGEND
(Map file attached to email)
RE Locationswhere approximately 3,000 meters have been installed by
previous City contract.
Locations where new front yard services and meter boxes have been
PURPLE installed by previous City contract. Installation of meter and ERT
required at these locations.
BLUE, Locations of existing 10,016 Rich Boxes and water services. Details
as to the existing service conditions is provided in the phasing table.
Locations of existing 2,253 Rich Boxes and water services served by
LIGHT BLUE water mains 6 inches in diameter and larger located in backyard alley
or other easements or in alleys.
Locations of existing 2,666 water meter boxes (within the program
Mitt area) in front yards that require installation of a meter and ERT. This
also includes non-residential parcels already served by a metered
water service.
Locations of existing 624 residential parcels that have paid for the
NOT SHOWN installation of a meter box and meter, but the meter and ERT have not
been installed.
BLUE Boundaries of the City —proposed phases.
OUTLINE
RED LINE j Locations of new water pipelines.
PHASING TABLE
Meter and Pipeline Replacement Inventory
Rich Box Service Conditions
Totals 13.289 624 2,666 10,016 4,140 1,585 2,948 668 675 118,085 22.4
K:\WP\PROJEC'1'S\WATERWeters\RFP\Attnchment C.doc
Number
Previously
Standard
Rich
Back
Back
Alley
Alley
Feet of
Miles of
Phase
of
Paid
Meter
Box
Front
(> 6")
(< 6")
(> 6")
(< 6")
Pipeline
Pipeline
Parcels
Box
Replacement
Replacement
4
3,961
262
587
3,122
1,459
482
971
52
158
39,395
7.5
5
2,801
159
86
2,556
538
633
670
488
227
.39,545
7.5
6
6,527
213
1,993
4,338
2,143
470
1,307
128
290
39,145
7.4
Totals 13.289 624 2,666 10,016 4,140 1,585 2,948 668 675 118,085 22.4
K:\WP\PROJEC'1'S\WATERWeters\RFP\Attnchment C.doc
MASTER PROFESSIONAL SERVICES AGREEMENT
Engineering Support Services for the City of Lodi
This Master Professional Services Agreement (hereinafter "Agreement") is made and
entered into by and between the City of Lodi, a municipal corporation (hereinafter
"CITY") and RMC WATER AND ENVIRONMENT, a California corporation/sole
proprietor firm/partnership (hereinafter " CONS ULTANT").
RECITALS
A. CONSULTANT services are needed for water meter planning, design and program
management services.
B. After negotiations between CITY and CONSULTANT, the parties have reached an
agreement for the performance of services in accordance with the terms set forth in
this Agreement. On October 7, 2009, the City Council, by Resolution, authorized the
City Manager to execute this Agreement with CONSULTANT.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
SCOPE OF SERVICES. CONSULTANT shall perform the services as may be
described in subsequent Task Orders which the parties agree are to be made a part
hereof by this reference. The services shall be performed by, or under the direct
supervision of, CONS ULTANT'SAuthorized Representative: Michael Matson, P.E.
CONSULTANT shall not replace its Authorized Representative, nor shall
CONSULTANT replace any of the personnel listed in the specific Task Order(s), nor
shall CONSULTANT use any subcontractors or sub -consultants, without the prior
written consent of CITY.
2. TIME OF PERFORMANCE. Time is of the essence in the performance of services
under this Agreement and Task Orders and the timing requirements set forth therein
shall be strictly adhered to unless otherwise modified in writing in accordance with
this Agreement. The CONSULTANT is not responsible for delays caused by factors
beyond the CONSULTANT'S reasonable control, including but not limited to delays
because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God,
failure of any governmental or other regulatory authority to act in a timely manner,
failure of the Client to furnish timely information or approve or disapprove of the
CONSULTANT'S services or work product promptly, or delays caused by faulty
performance by the Client or by contractors of any level. When such delays beyond
the CONSULTANT'S reasonable control occur, the Client agrees the CONSULTANT
is not responsible for damages, nor shall the CONSULTANT be deemed to be in
default of this Agreement. CONSULTANT shall commence performance, and shall
complete all required services no later than the dates set forth in each Task Order.
CONSULTANT shall submit all requests for extensions of time to CITY in writing no
later than ten (10) days after the start of the condition which purportedly caused the
delay, and not later than the date on which performance is due.
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3. INDEPENDENT CONTRACTOR STATUS. CONSULTANT is an independent
contractor and is solely responsible for all acts of its employees, including any
negligent acts or omissions. CONSULTANT is not City's employee and
CONSULTANT shall have no authority, expressed or implied, to act on behalf of
CITY as an agent, or to bind CITY to any obligation whatsoever, unless CITY
provides prior written authorization to CONSULTANT.
4. CONFLICT OF INTEREST. CONSULTANT (including its employees) shall not
maintain or acquire any direct or indirect interest that conflicts with the performance
of this Agreement and any Task Orders. In the event that CONSULTANT maintains
or acquires such a conflicting interest; any contract (including this Agreement)
involving CONSULTANT'S conflicting interest may be terminated by CITY in its sole
and absolute discretion and without prior written notice as required by Paragraph 6
below.
COMPENSATION
5.1 For services performed by CONSULTANT in accordance with this Agreement,
CITY shall pay CONSULTANT on a time and expense basis, at the billing rate
set forth in the Task Orders. CONSULTANT'S billing rates shall cover all costs
and expenses of every kind and nature for CONSULTANT'S performance of
the specific Task Orders. No work shall be performed by CONSULTANT in
excess of the Not To Exceed amount as stated in the specific Task Orders
without the prior written approval of CITY.
5.2 CONSULTANT shall submit monthly invoices to CITY describing the services
performed, including times, dates, and names of persons performing the
service.
5.3 Within thirty (30) days after CITY'S receipt of invoice, CITY shall make
payment to the CONSULTANT based upon the services described on the
invoice and approved by CITY, which approval shall not be unreasonably
withheld.
5.4 In the event that CONSULTANT'S negligent acts, errors, or omissions, or
willful misconduct in fact result in damages to CITY, CONSULTANT shall
reimburse CITY (or in City's discretion CONSULTANT'S payment under
pending invoice(s) may be offset) to the extent of the damages incurred as the
result of CONSULTANT'S negligent acts, errors, or omissions, or willful
misconduct.
6. TERMINATION. CITY may terminate this Agreement or any Task Order hereunder
by giving ten (10) days written notice to CONSULTANT. Upon termination,
CONSULTANT shall give CITY all original documents, including preliminary drafts
and supporting documents prepared by CONSULTANT. CITY shall pay
CONSULTANT for all services satisfactorily performed in accordance with this
Agreement and any Task Orders, up to the date notice of termination is given.
7. OWNERSHIP OF WORK. All original documents prepared by CONSULTANT under
this Agreement and any Task Orders hereunder are the property of CITY, and shall
be given to CITY at the completion of CONSULTANT'S services, or upon demand
from CITY. CITY acknowledges that CONSULTANT documents are instruments of
2
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professional service; nevertheless, the documents prepared under this Agreement
and the specific Task Orders shall become the property of the CITY upon completion
of the work and payment in full of all monies due to CONSULTANT by CITY. CITY
shall not reuse or make any modification to the documents without notification to the
CONSULTANT. CITY agrees, to the fullest extent permitted by law, to indemnify and
hold CONSULTANT harmless from any claim, liability or cost (including reasonable
attorney's fees and defense costs) arising or allegedly arising out of unauthorized
reuse or modification of the documents by CITY or any person or entity that acquires
or obtains the documents from or through City without the written authorization of
CONSULTANT. CONSTULTANT shall be allowed to retain copies of all documents
prepared under this Agreement and any Task Orders hereunder. In addition,
CONSULTANT shall be allowed to release information to its insurance carriers in the
event of a claim or when ordered by a subpoena.
8. ATTORNEY'S FEES. In the event any legal action is commenced to enforce this
Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and
expenses incurred as may be determined by a court of competent jurisdiction.
9. INDEMNIFICATION. CONSULTANT shall indemnify and hold harmless CITY
(including its elected officials, officers, and employees) from and against any and all
claims for damages, demands, liability, costs, and expenses including court costs
and attorney's fees) to the extent that they arise out of CONSTULTANT'S negligent
act, error or omission(s) in the performance of services under this Agreement and its
Task Orders.
10. BUSINESS LICENSE. Prior to the commencement of any work under this
Agreement, CONSULTANT shall obtain a City of Lodi Business License.
11. INSURANCE.
11.1 General. CONSULTANT shall, throughout the duration of this Agreement
and any Task Orders, maintain insurance to cover CONSULTANT, its agents,
representatives, and employees in connection with the performance of
services under this Agreement at the minimum levels set forth herein.
CONSULTANT shall be entitled to rely on all data, plans, surveys, maps, and
other information provided by or on behalf of CITY in performing its services
under this Agreement, and such reliance shall, in all events, be considered
reasonable.
11.2 Commercial General Liability. (with coverage at least as broad as ISO
form CG 00 01 01 96) Coverage shall be maintained in an amount not less
than $2,000,000 general aggregate and $1,000,000 per occurrence for
general liability, bodily injury, personal injury, and property damage.
11.3 Automobile Liability. (with coverage at least as broad as ISO form CA 00
01 07 97 for "any auto") Coverage shall be maintained in an amount not less
than $1,000,000 per accident for bodily injury and property damage.
11.4 Workers' Compensation. Coverage shall be maintained as required by the
State of California.
3
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11.5 Professional Liability. Coverage shall be maintained to cover damages that
may be the result of negligent acts, errors or omissions in the rendering of
professional services by the CONSULTANT in an amount not less than
$1,000,000 per claim made.
11.6 Endorsements. CONSULTANT shall obtain endorsements to the
automobile and commercial general liability with the following provisions:
11.6.1 CITY, its elected and appointed boards, commissions, officers,
agents and employees shall be named as additional insureds.
11.6.2 For any claims related to this Agreement, CONSULTANT'S
coverage shall be primary insurance with respect to CITY. Any
insurance maintained by CITY shall be excess of the
CONSULTANT'S insurance and shall not contribute with it.
11.7 Notice of Cancellation. CONSULTANT shall obtain endorsements to all
insurance policies by which each insurer is required to provide thirty (30)
days prior written notice to CITY should the policy be canceled before the
expiration date. For the purpose of this notice requirement, any material
change in the policy prior to the expiration shall be considered a cancellation.
11.8 Authorized Insurers. All insurance companies providing coverage to
CONSULTANT shall be insurance organizations authorized by the Insurance
Commission of the State of California to transact the business of insurance in
the State of California.
11.9 Insurance Certificate. CONSULTANT shall provide evidence of compliance
with the insurance requirements listed above by providing a certificate of
insurance, in a form satisfactory to the City's Risk Manager no later than five
(5) days after the execution of this Agreement.
11.10 Substitute Certificates. No later than thirty (30) days prior to the policy
expiration date of any insurance policy required by this Agreement,
CONSULTANT shall provide a substitute certificate of insurance.
11.11 CONSULTANT'S Obligation. Maintenance of insurance by CONSULTANT
as specified in this Agreement shall in no way be interpreted as relieving
CONSULTANT of any responsibility whatsoever (including indemnity
obligations under this Agreement), and CONSULTANT may carry, at its own
expense, such additional insurance as it deems necessary.
12. ASSIGNMENT AND DELEGATION. This Agreement and any portion thereof shall
not be assigned or transferred, nor shall any of CONSULTANT'S duties be
delegated, without the written consent of CITY. Any attempt to assign or delegate
this Agreement without the written consent of CITY shall be void and of no force and
effect. Consent by CITY to one assignment shall not be deemed to be consent to
any subsequent assignment.
4
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13. NOTICES
13.1 All notices, demands, or other communications which this Agreement
contemplates or authorizes shall be in writing and shall be personally
delivered or mailed to the respective party as follows:
To CITY
Director of Public Works
City of Lodi
221 West Pine Street
Lodi, CA 95240-1910
To CONSULTANT
Dave Richardson
RMC Water and Environment
2001 N. Main Street, Ste. 400
Walnut Creek, CA 94596
13.2 Communications shall be deemed to have been given and received on the
first to occur of: 4( 1 *etual receipt at the address designated above, or (2)
three working days following the deposit in the United States Mail of
registered or certified mail, sent to the address designated above.
14. MODIFICATIONS. This Agreement or any Task Orders hereunder may not be
modified orally or in any manner other than by an agreement in writing signed by
both parties.
15. WAIVERS. Waiver of a breach or default underthis Agreement shall not constitute a
continuing waiver or a waiver of a subsequent breach of the same or any other
provision of this Agreement.
16. SEVERABILITY. In the event any term of this Agreement is held invalid by a court
of competent jurisdiction, the Agreement shall be construed as not containing that
term, and the remainder of this Agreement shall remain in full force and effect.
17. JURISDICTION AND VENUE. The interpretation, validity, and enforcement of the
Agreement shall be governed by and construed under the laws of the State of
California. Any suit, claim, or legal proceeding of any kind related to this Agreement
or any Task Orders shall be filed and heard in a court of competent jurisdiction
located in the County of San Joaquin.
18. ENTIRE AGREEMENT. This Agreement and subsequent Task Orders comprise the
entire integrated understanding between the parties concerning the services to be
performed for any project. This Agreement supersedes all prior negotiations,
representations, or agreements, whether oral or written.
19. COMPLIANCE WITH THE LAW. CONSULTANT shall comply with all local, state,
and federal laws, whether or not said laws are expressly stated in this Agreement or
any Task Orders hereunder.
20. SIGNATURES. The individuals executing this Agreement represent and warrant that
they have the right, power legal capacity, and authority to enter into and to execute
this Agreement on behalf of the respective legal entities of the CONSULTANT and
CITY. This agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors and assigns.
5
K:\WP\PROJECTS\WATER\Meters\RFP\MASTER PROFESSONAL SERVICES AGREEMENT Revised.doc
I N WITNESS WHEREOF the parties do hereby agree to the full performance of the
terms set forth herein.
CITY OF LODI
a municipal corporation
By: Blair King
By:
Title: City Manager
Title:
Date:
Date
Fed.
Attest:
By: Randi Johl
Title: City Clerk
Date:
Approved as to Form
D. Stephen Schwabauer
City Attorney
By: Janice D. Magdich
Title: Deputy City Attorney`
Date:
CONSULTANT
Dave Richardson
Principal -in -Charge
Employer ID No.:
K:\WP\PROJECTS\WATER\Meters\RFP\MASTER PROFESSONALSERVICESAGREEMENT Revised.doc
RESOLUTION NO. 2009-136
A RESOLUTION OF THE LODI CITY COUNCILAWARDING
PROFESSIONAL SERVICES AGREEMENT FORWATER METER
PLANNING, DESIGN, AND PROGRAM MANAGEMENT SERVICES
AND FURTHER APPROPRIATING FUNDS
WHEREAS, in answer to notice duly published in accordancewith law and the order of
this City Council, sealed proposals were received and publicly opened on September 28, 2009,
for Professional Services for Water Meter Planning, Design, and Program Management
Services; and
WHEREAS, said proposals have been compared, checked, tabulated, and evaluated by
an evaluation committee and a report thereof filed with the City Manager as follows:
Proposer Rank
RMC Water and Environment 1
West Yost Associates 2
HDR, Inc. 3
Global Water 4
WHEREAS, staff recommends awarding the Professional Services Agreement for Water
Meter Planning, Design, and Program Management Services to RMC Water and Environment,
of Walnut Creek, California.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award
the Professional Services Agreement for Water Meter Planning, Design, and Program
Management Services to RMC Water and Environment, cf Walnut Creek, California, in the
amount of $2,815,183; and
BE IT FURTHER RESOLVED that funds in the amount of $3,250,000 be appropriated
from Water Capital Funds.
Dated: October 7, 2009
---------------------
---------------------
hereby certify that Resolution No. 2009-136 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held October 7, 2009, by the following vote:
AYES: COUNCIL MEMBERS —Johnson, Katzakian, and Mayor Hansen
NOES: COUNCIL MEMBERS — Mounce
ABSENT: COUNCIL MEMBERS— Hitchcock
ABSTAIN: COUNCIL MEMBERS —None
ZIOHL
City Clerk
2009-136
Topics of Presentation
• Policy Review
• Estimated Meter Costs
• Accelerated Meter Program
• Implementation
CIN,
Policy Review
Council Direction - May 2, 2007
• Install Prepaid Meters in 1 Year
• Self -Installed Meters in 1 Year
• All Meters Installed by end of 4th Year
• Property Owners Pay for Meters
• Payment Terms — lump sum or payments
Estimated Meter Costs
Service Type Number Unit Cost
Cost ($ million)
Pre -1979 needing 107058 $1,200 $12.1
service upgrade
1979 — 1992 meter 27669 $450 $1.2
ready services
1992 + "meter paid" 624 $200 $0.1
services (by City)
City -upgraded 500 $200 $0.1
services
Total 13,851 $13.5
I
Who Will Pay
• Meters paid for by property owner
• Property owner cost varies from $200 to
$1,200
➢Actual costs to be based upon contractor bids
• Project #1, #2 and #3 property owners pay
$1,200
• "City -upgraded Services" property owners
pay $200
➢Upgrades to repair leaking services
➢ Incidental to other City work at a parcel
Accelerated Meter Program
• Installs 13,851 new services before 2014
• Replaces
7.5 miles of
pipe
per year from
backyard
to
front
yard
(< 6
inch
diameter)
• Avoids duplicated costs and complexities
associated with installing a backyard meter and
moving it to the front yard ($2.4 million savings)
• Estimated Construction Cost = $20.7 million
Accelerated Meter Program
Construction Years
Accelerated Pipe
Relocation
Meter Installations
Total Estimated
Construction Cost
2011 -2013
$20.7 million
$13.5 million
$34.2 million
Funding
Infrastructure Replacement
Fund Balance
Revenue from Infrastructure
Replacement (2010 — 2013)
Property Owner Meter
Payments
Total Funding Available
$13.6 million
$7.2 million
(3 yrs @ $2.4 million/yr)
$13.4 million
$34.2 million
Deficit balance in fund may exist through 2015
Implementation
Approve Professional Services Agreement
Adopt Usage Based W & WW Rates
Self Installation Period
Construct Accelerated Meter Program
Issuance of Usage Based Utility Bills
(and each successive January thereafter)
Sep 2009
Nov 2009
2010
2011 -2013
Jan 2011
1
u
Professional Services Agreement
✓ Four Proposals Received
✓ Selection Criteria
• Approach and Responsiveness
• Relevant Experience
• Local Firm Participation
• Price
✓ Four Year Contract - $2,818,000
✓ RMC Water and Environment
D 11P.Stlr