HomeMy WebLinkAboutAgenda Report - May 5, 2010 D-06/L2
AGENDA ITEM
'• CITY OF LODI
' COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Professional Services
Agreement with Neil O. Anderson and Associates, of Lodi, for Testing and
Inspection Servicesfor Lodi Avenue Reconstruction Project ($43,149) and
DeBenedetti Park Storm Drain Improvement Project ($10,224)
MEETING DATE:
PREPARED BY:
May 5, 2010
Public Works Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Managerto execute a
professional services agreement with Neil O.Anderson and
Associates, of Lodi, for testing and inspection services for the
Lodi Avenue Reconstruction Project in the amount of $43,149 and
DeBenedetti Park Storm Drain Improvement Project in the amount of $10,224.
BACKGROUND INFORMATION: City Council awarded the construction contracts and appropriated
funds for the DeBenedetti Park Storm Drain Project on
October 7, 2009, and the Lodi Avenue Reconstruction Project on
October 21, 2009. The firm performing the testing and inspection
services had not been selected and, therefore, was not named. Council approval is required so the City
may contract with the service provider.
The staff at Neil O. Anderson and Associates will provide technical support and special inspection
services required by the projects' construction specifications. They will also provide support staff to
supplement City inspection services on these projects. Some of the services include geotechnical
analyses, concrete strength testing, asphalt gradation and compaction testing. Results of the testing are
used to affirm the contractors' work has been completed in conformance with the contract.
The scope of services and fees for the Neil O. Anderson and Associates agreement is attached.
Staff recommendsthe Council authorize the City Managerto execute a professional services agreement
with Neil O. Anderson and Associates.
FISCAL IMPACT: Funding for these services was appropriated with the projectfunding at the
time of the construction contract award.
FUNDING AVAILABLE: Not applicable.
'Aaam lza�
F. Wally Sindelin
Public Works Director
Prepared by Gary Wiman, Construction Project Manager
FWS/pmf
Attachment
APPROVED: ,j'"1---. -4
Blair King;_nager
K;\WP\PROJECTS\STREETS\Lod!Ave lmprovements\Reconstruction\Project\CAward Neil 0Anderson Testing and lnspectionServices.doc 4/20/2010
AGREEMENT FOR CONSULTING SERVICES
ARTICLE 1
'PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and NEIL O. ANDERSON
AND ASSOCIATES (hereinafter "CONSULTANT").
Section 1.2 Purpose
CITY selected the CONSULTANT to provide the technical support and special
inspection services required in accordance with attached scope of services, Exhibit A.
CITY wishes to enter into an agreement with CONSULTANT for Lodi Avenue
Reconstruction and DeBenedetti Park Storm Drain Improvements projects (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 or as directed by City, and complete work under this Agreement based on a
mutually agreed upon timeline.
Section 2.3 Meetings
Not Used
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.
K:\WP\PROJECTS\STREETS\LodiAvelmprovements\Reconstruction\Project\Neil O Anderson AGREEMENT FOR
PROFESSIONAL SERVICES.doc 1
CONSULTANT represents that it is prepared to and can perform all services
within the scope of services specified in Exhibit A. CONSULTANT representsthat 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 CONSULTANT to
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
COMPENSATION
Section 3.1 Compensation
CONSULTANT's compensation for a! 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.
Section 3.2 Method of 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 in advance, in writing, by CITY.
K:\WP\PROJECTS\STREETS\LodiAvelmprovements\Reconstruction\Project\Neil 0 Anderson AGREEMENT FOR
PROFESSIONAL SERVICES.doc 2
CONSULTANT charge rates are attached and incorporated with Exhibit A. The
charge rates for CONSULTANT shall remain in effect and unchanged for the duration of
the Project unless approved by CITY.
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 all 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 after final payment under this 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
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.
K:\WP\PROJECTS\STREETS\LodiAvelmprovements\Reconstruction\Project\Neil 0 Anderson AGREEMENT FOR
PROFESS IONALSERVICES.doc 3
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 Iur 1, JSt T
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
$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.
K:\WP\PROJECTS\STREETS\LodiAvelmprovements\Reconstruction\Project\Neil 0Anderson AGREEMENT FOR
PROFESSIONAL SERVICES.doc 4
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
under written 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) Severabilitv 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
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
K:\WP\PROJECTS\STREETS\LodiAvelmprovements\Reconstruction\Project\Neff O Anderson AGREEMENT FOR
PROFESSIONAL SERVICES.doc 5
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 nor the
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 Attorney'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.
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. Box3006
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.
K:\WP\PROJECTS\STREETS\LodiAvelmprovements\Reconstruction\Project\Neil 0Anderson AGREEMENT FOR
PROFESSIONAL SERVICES.doc 6
Section 4.11 CONSULTANT 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 underthis 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.
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.
Et o I. 5 grati nand lifi r tiDr
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.
K:\WP\PROJECTS\STREETS\LodiAvelmprovements\Reconstruction\Project\Neil 0Anderson AGREEMENT FOR
PROFESSIONAL SERVICES.doc 7
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 Authority
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, CONSULTANT 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.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
By By
RANDIJOHL
CITY CLERK
APPROVED AS TO FORM:
Dated:
By By:
D. STEPHEN SCHWABAUER
CITY ATTORNEY Its:
BLAIR KING
CITY MANAGER
K:\WP\PROJECTS\STREETS\LodiAvelmprovements\Reconstruction\Project\Neil 0 Anderson AGREEMENT FOR
PROFESSIONALS ERVICES,doc 8
NOA is §BE & CDOT Certified
March 31, 2010
E -Mail:
Proposal No.: 2815
Mr. Gary Wiman, Project Manager
City of Lodi Public Works Department
221 West Pine Street
Lodi CA 95240
Subject: Proposal for Quality Assurance Services -REVISED
Lodi Avenue Reconstruction- ARRA Funded - Lodi, California
I Exhibit A
Thank you for the opportunity to submit this all inclusive proposal to provide QA sewi as for the subject project.
Project Inspector
Field DensityTesting
4" Proctor
6' Proctor
AC Tester - Day Rate - RegularTime
AC Plant Inspector (Sample at Plant)
AC Coring - Day Rate,
CTM 125 Sample Hwy Material
CTM 231 Re! Comp w/NucGauge
CTM 539 Sampling Fresh Concrete - Slump & % Air
Clore Bit Cha mes
CTM 202 Sieve Fine Coarse Agg.
CTM 206 Specific Gravity
CTM 214 Soundness
CTM 216 Rel Comp Untreat
CTM 217 Sand Equivalent
CTM 308 Bulk Specific Gravity Bit Mix
CTM 382 Asphalt Content I g n Oven
CTM 518 Density Fresh Concrete
CTM 521 Comp Strength Cylinders (3/set)
Los Angeles Rattler
arab & Sample Cement
HourslUnits
_.�.,,...� I ate__J___ _ Fee
200 hours
PRICES VALID_ 1YEAR FROM THE DATE OF PROPOSAL
$ 84.00/hour
$ :16,800.00
30 hours
$ 84.00/hour
$ 2,520.00
2 each
$190.00/each
$ 380.00
1 each
$200.00/each
$ 200.00
56 hours
$ 84.00/hour
$ 4,704.00
28 hours
$ 78.00/hour
$ 2,184.00
14 hours
$145.00/hour
$ 2,030.00
8 hours
$ 78.00/hour
$ 624.00
6 hours
$ 84.00/hour
$ 504.00
8 hours
$ 78.00/hour
$ 624.00
14 each
$ 34.00/each
$ 476.00
2 each
$ 80.00/each
$ 160.00
26 each
$140.00.each
$ 3,640.00
1 each
$350.00/each
$ 350.00
2 each
$200.00/each
$ 400.00
26 each
$140.00/each
$ 3,640.00
14 each
$ 50.00/each
$ 700.00
14 each
$160.00/each
$ 2,240.00
1 each
$ 40.00/each
$ 40.00
1 each
$ 78.00/each
$ 78.00
1 each
$550.00/each
$ 550.00
1 each
$ 45.00/each
$ 45.00
1 each
$260.00/each
$ 260.00
Estimated Total ($ 43�i49.00
Services provided on a time and materials basis, which means you are voiced in 2 4 6 and 8 hour minimums.
If you have any questions, contact our office at (209)367-3701 or e-mail ry CdI or
(a
Sincerely,
Larry Mathews
Marketing Director
902 Industrial Way • Lodi, CA 95240 • 209.367.3701 • FAX 209-333-8303 - www.noanderson.com
March 31, 2010
E -Mail:
Proposal No.: 2821
Mr. Gary Wiman, Project Manager
City of Lodi Public Works Department
221 West Pine Street
Lodi CA 95240
Subject: Proposal for Testing & Observation Services - REVISED
DeBenedetti Park — Phase I Improvements - Lodi, California
Dear Mr. Wiman:
Thank you for the opportunity to submit this all-inclusive proposal to provide construction observation
and testing services for the subject project.
ServiceHours/Units
Rate
_._._.
Fee
Soils~
Field Density Testing — Site/Pad/Utility Trench
20 hours
$ 84.00/hour
$
1,680.00
4" Proctor
1 each
$190.00/each
$
190.00
6" Proctor_ _ _
1 each
X200.00/each
200.00
d Souls Total
$
.00
Concrete
/1t Side .. lk/ T PC Pli //1 .a.r...I A,..•..
' Concrete u[�Servatilc�[I — JiUew�iKJC� rd. r�peJvUuaiiJ�vcie
Rebar Observation
v8 hours
6
20 hours
1
LL %Q nn A/ fY
� .p � v.w vN�
$ 78.00/hour
Jy
LL
w
$
1 /�
5 Ona 0
,..., .Q..
1,560.00
Compression Test Cylinder
40 each
$ 26.00/each
$
1,040.00
Sample Pick Up _ _ _
1_0 trips
$ 25.00/trip
$
250.00
Estimated
Concrete Total
8,154.00
Estimated Grand Total
$
10 224.00
Services provided on a time and materials basis, which means you are invoiced in 2 4, 6 and 8 hour
minimums portal to portal. A shift differential of $3.00/hour is charged for services provided after 7:00
p.m. Overtime is billed at 1.5 times the hourly rate for work after the first 8 hours of the workday and
Saturday. Double time is charged for work after 8 hours of Saturday, Sunday and holidays.
f you have questions, please call me at (209)367-3701 or e-mail larry.mathews@noanderson.com.
Sincerely,
Larry Mafhews
Marketing Director
D
902 Industrial Way • IA4 CA 95240 • 209.367.3701 • FAX 209-333-8303 - www.noanderson.com
RESOLUTION NO. 2010-53
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH NEIL O. ANDERSON AND ASSOCIATES FOR
TESTING AND INSPECTION SERVICES FOR LODI AVENUE
RECONSTRUCTION PROJECT AND DEBENEDETTI PARK STORM
DRAIN IMPROVEMENT PROJECT
WHEREAS, City Council awarded the construction contracts and appropriated funds for
the DeBenedetti Park Storm Drain Project on October 7, 2009, and the Lodi Avenue
Reconstruction Project on October 21, 2009, but the firm performing the testing and inspection
services was not named. Council approval is required so the City may contract with the service
provider; and
WHEREAS, Neil O. Anderson and Associates staff will provide technical support and
special inspection services required by code. They will also provide support staff to supplement
City inspection services on these projects; and
WHEREAS, staff recommends City Council authorize the City Manager to execute a
professional services agreement with Neil O. Anderson and Associates.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Professional Services Agreement for Testing and
Inspection Services with Neil O. Anderson and Associates, of Lodi, California, for the Lodi
Avenue Reconstruction Project in the amount of $43,149 and the DeBenedetti Park Storm Drain
Improvement Project in the amount of $10,244.
Dated: May 5, 2010
------------------------------------------------------------------------
------------------------------------------------------------------------
hereby certify that Resolution No. 2010-53 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 5, 2010, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
&JOHL
City Clerk
2010-53