HomeMy WebLinkAboutAgenda Report - January 18, 2012 C-09AGENDA ITEM CO 4W 1
CITY OF LODI
9 �aCOUNCIL COMMUNICATION
</FOAL
AGENDA TITLE: Adopt Resolution Accepting Improvements Under Contractfor State Route99/
Harney Lane Interim Improvement Project, Appropriating Funds ($60,000) and
Authorizing City Manager to Execute a Plant Establishment Agreement with
Knife River Construction, of Stockton
MEETING DATE:
PREPARED BY:
January 18,2012
PublicWorks Director
RECOMMENDED ACTION: Adopt resolution accepting improvements under contract for
State Route99/Harney Lane interim improvement project,
appropriating funds in the amount of $60,000 and authorizing
City Managerto execute a plant establishment agreement with Knife River Construction, of Stockton.
BACKGROUND INFORMATION: The project was awarded to Knife River Construction, of Stockton,
on October 20, 2010, in the amount of $944,450. The contract has
been completed in substantial conformancewith the plans and
specifications approved by City Council.
This project consists of widening Harney Lane, Cherokee Lane, and East State Route 99 Frontage Road;
installing traffic signals at the intersections of Harney Lane/Cherokee Lane and Harney Lane/East State
Route 99 Frontage Road; and other incidental and related work.
The final contract price was $1,039,185.91. The difference between the contract amount and the final
contract price is mainly due to contract change orders which added work to the contract and which
addressed field conditions which were different than what was shown in the plans and specifications.
Other costs associated with the project are as follows:
1. Mark Thomas & Company (contract administration and inspection) $206,367
2.
Fehr & Peers (construction support, signal)
$
19,380
3.
Environmental Permit Fees
$
27,265
4.
City -Furnished Signal Equipment
$
39,519
5.
State -Furnished Signal Equipment
$
17,002
6.
City Contract Administration Costs
$
66,296
TOTAL
$375,829
The total project cost was $1,415,015. The funding sources of the project were Regional Transportation
Impact Fees ($652,724), Measure K ($60,000), and Developer Fund ($702,291). Measure K funds were
appropriated at the time of contract award last fiscal year. Those funds were not spent last fiscal year
and did not automatically roll over to the current fiscal year. Therefore, staff is requesting the
appropriation of the original amount, $60,000, to pay for the balance of the project.
APPROVED:
onradt Bartlam, City Manager
KAWP\PROJECTS\STREETS\Harney & 99 Interim ImprovementMeaccpt2,doc 1/3/2012
Adopt Resolution Accepting Improvements Under Contractfor State Route99/Harney Lane Interim
Improvement Project, Appropriating Funds ($60,000) and Authorizing City Managerto Execute a Plant
Establishment Agreement with Knife River Construction, of Stockton
January 18,2012
Page 2
The contractor, Knife River Construction, is required to maintain the new plants along the State Route 99
on/off ramps for a period of 250 working days before final project acceptance by Caltrans. Knife River
Construction is requesting the City accept the project priorto the end of the plant establishment period
and that they execute a plant establishment agreement for the same maintenance period and provide the
necessary security and insurance to guarantee the work. Staff feels this is a reasonable request and is
recommending the Council authorize the City Manager to execute the agreement.
Following acceptance by the City Council, as required by law, the City Engineerwill file a Notice of
Completion with the County Recorder's office. The notice serves to notify vendors and subcontractors
that the project is complete and begins their 30 -day period to file a stop notice requiring the City to
withhold payments from the prime contractor in the event of a payment dispute.
FISCAL IMPACT: The project will increase the long-term maintenance cost of the added
pavement sections and traffic signals. Lodi Community Facilities District
No. 2007-1 special taxes will offset these added costs in the long term.
FUNDING AVAILABLE: Requested Appropriation: Measure K (325) — $60,000
Jorda rs
Deputy City Man/ger/Internal Service Director
(-�jzef,o
F. Wally Sandelin
Public Works Director
Prepared by Lyman Chang, Senior Civil Engineer
FWS/LC/pmf
cc: Senior Civil EngineerChang
Management Analyst Areida-Yadav
Knife River Construction
Dale Gillespie, RMC Company
K:\WP\PROJECTS\STREETS\Harney & 99 Interim Improvements\caccpMdoc 1/3/2012
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIESAND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 20 by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY), and DSS COMPANY DBA
KNIFE RIVER CONSTRUCTION (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for STATE ROUTE
99/HARNEY LANE INTERIM IMPROVEMENTS PROJECT MAINTENANCE (hereinafter
"Project") as set forth in the Scope of Services attached here as Exhibit A.
CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A. Contractorshall obtain a warranty security in
the form and amount set forth in exhibit B.
Section 22 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope cf Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
I
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right cf
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at is own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY underthis Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Tear►
The term of this Agreement commences on September 6, 2011 and terminates
upon the completion of the Scope of Services or on September 5, 2012, whichever
occurs first.
G
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
Contractor acknowledges that Contractor has been paid in full for the materials
and services called for in this Agreement under the State Route 99/1-larney Lane Interim
Improvements Agreement between the City and Contractor dated October of 2010. This
agreement is entered into as an accommodation to Contractor to allow the acceptance
of the remainder of that Agreement, reserving the Plant Establishment Work called for in
Exhibit A of this Agreement and the Improvement Security set forth in Exhibit B for the
performance of the Plant EstablishmentWork.
Section 3.2 Method of Payment: Reserved
N\A
Section 3.3 Costs
Contractor acknowledges that Contractor has been paid in full for the materials
and services called for in this Agreement under the State Route 99/Harney Lane Interim
Improvements Agreement between the City and Contractor dated October of 2010 and
no costs remain due and payable.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
3
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) cf 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees), arising out of performance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions cf CONTRACTOR? any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out cf the active negligence of the City of Lodi or its officers or agents.
Section 4.4 lib Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts cf the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
4
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box3006
Lodi, CA 95241-1910
Attn:
To CONTRACTOR: Knife River Construction
655 W. Clay Street
Stockton, CA 95206-1722
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accom pl ish ment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase,
s
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable taw, Jurisdiction. Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California,
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder cf this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 Citv Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
6
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTORto CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
RANDI JOHL
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
By:
CITY OF LODI, a municipal corporation
KONRADT BARTLAM, City Manager
CONTRACTOR:
By: _
Name: Steve Essoyan
Title: President
Attachments:
Exhibit A -Scope of Services
Exhibit B -Warranty Security
Exhibit G - Insurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable)
Doc ID:
CA:rev.01.201 ]
8
EXHIBIT A
PLANT ESTABLISHMENT WORK
The plant establishment period shall be Type 3 and shall not be less than 250 working
days. Commercial fertilizer (slow release) shall be applied to trees, shrubs, vines and ground
cover during the fast week cf April and September cf each year. Commercial fertilizer shall be
applied at the rates shown on the plans and shall be spread with a mechanical spreader
wherever possible.
The center to center spacing of replacement plants for unsuitable ground cover plants
shall be determined by the number cf completed plant establishment working days at the time cf
replacement and the original spacing in conformance with the following:
O R G I NA L SPACING
SPACING OF REPLACEMENT GROUND COVER PLANTS
(Inches)
(Inches)
Number of Completed
Plant Establishment Working Days
1-125
126-190
191 -End of Plant
Establishment
9
9
6
6
12
12
9
6
18
18
12
9
24
24
18
12
36
36
24
18
During the plant establishment period, the plants shall be watered utilizing the Remote
Irrigation Control System (RICS) software program. A watering schedule shall be submitted to
the Engineer for use during the plant establishment period.
Weeds within plant basins, including basin walls and ground cover, shall be controlled
by hand pulling.
Weeds within mulched and ground cover areas and outside of plant basins shall be
controlled by killing.
Weeds outside of mulched areas, plant basins, ground cover, the median, and paved
areas shall be controlled mowing. At locations where proposed planting areas are 12 feet or
more from the edges cf existing plantings to remain and from shoulders, dikes, curbs,
sidewalks, fences, and wall, the mowing limit shall be 6 feet beyond the outer limits of the
proposed planting area.
Weeds within median are areas, pavement, curbs, sidewalk, and other surfaced areas
shall be controlled by killing.
Except as specified in these special provisions, disposal of mowed material will not be
required unless ordered by the Engineer. Disposal cf mowed material, as directed by the
Engineer, will be paid for a s extra work as provided in Section 4-1.03D, "Extra Work,"of the
Standard Specifications.
At the option of the Contractor, a growth regulator may be applied to mowed areas,
provided the growth regulator is approved in advance by the Engineer and the growth regulator
is applied in conformance with these special provisions.
At the option of the Contractor, plants of a larger container size than those originally
specified may be used for replacement plants during the first 125 working days of the plant
establishment period.
After 125 working days of the plant establishment period have been completed,
replacement of plants, except for ground cover plants, shall be one -gallon size for seedlings, pot
and liner size plants; 5 -gallon size for one -gallon size plants; 15 -gallon size for 5 -gallon size
plants; and other plant replacement, plants shall be the same size as originally specified.
When ordered by the Engineer, one application of a pre -emergent pesticide conforming
to the provisions in "Pesticides" of these special provisions shall be applied between 40 working
days and 50 working days prior to completion of the plant establishment period. This work will
be paid for as extra work as provided in Section 4-1.03D, "Extra Work, " of the Standard
Specifications.
Wye strainers shall be cleaned at least 15 days prior to the completion of the plant
establishment period.
the final inspectionshall be performed in conformancewith the provisions in Section 5-
1.13, "Final Inspection," of the Standard Specifications and shall be completed a minimum of 20
working days before the estimated completion of the contract.
10-2.05 IRRIGATION SYSTEMS
Irrigation systems shall be furnished and installed in conformancewith the provisions in
Section 20-5, "Irrigation Systems," of the Standard Specifications, except materials containing
asbestos fibers shall not be used.
Method A pressure testing shall conform to the provisions in Section 20-5.03H(1),
"Method A", of the Standard Specifications, except leaks that develop in the tested portion of the
system shall be located and repaired after each test period when a drop of more than 5 pounds
per square inch is indicated by the pressure gage. After the leaks have been repaired, the one
hour pressure test shall be repeated and additional repairs made until the drop in pressure is 5
pounds per square inch or less.
Pipe supply lines shall be pressure tested in conformance with the provisions in Section
20-5.03H, "Pressure Testing," of the Standard Specifications, except the pipe (supply line) on
the discharge side of the control valve shall be tested by Method B as specified in Section 20-
5.03H(2), "Method B," of the Standard Specifications.
VALVE BOXES
Valve boxes shall conform to the provisions in Section 20-2.24, "Valve Boxes," of the
Standard Specifications, except as otherwise provided herein.
Valve boxes shall be precast portland cement concrete.
Covers for concrete valve boxes shall be concrete, cast iron or steel. Cast iron and steel
covers shall be hinged with brass hinge pins for valve boxes containing valves smaller than 2
inches.
Valve boxes shall be identified on the top surface of the covers by labels containing the
appropriate abbreviation for the irrigation facility contained in the valve box as shown on the
plans. Valve boxes that contain remote control valves shall be identified by the appropriate
letters and numbers (controller and station numbers). Labels for valve boxes shall conform to
the provisions in Section 20-5.03F, "Valves and Valve Boxes," of the Standard Specifications.
Label material shall be plate plastic or polyurethane.
GATE VALVES
Gate valves shall be as shown on the plans and in conformance with the provisions in
Section 20-2.228, "GateValves,"of the Standard Specifications and these special provisions.
Gate valves, smaller than 3 inches and larger in size, shall be furnished with a cross -
handle.
Gate valves, 3 inches or larger in size, shall be furnished with a square nut and 3 long
shank keys that will operate the valve.
Gate valves, 3 inches and larger in size, shall be flanged type gate valves. Pipe flanges
used to connect plastic or metal pipe to gate valves shall be metal.
Gate valves shall have a solid bronze or brass wedge.
IN 0 1111111 IN 1
IMPRO\?EMENT SECURITY
Warranty Security
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Lodi, a municipal corporation, hereinafter designated "City", and DSS Company dba Knife River
Construction, liereinafter designated "Principal," have entered into an agreement dated whereby
Principal agrees to furnish warranty security of at least 125% of the total cost ofthe Plant Establishment as security for repair
or replacement of defective landscape work for 1 PULL CALENDAR YEAR FROM September 6, 2011, in the project
known as "State Route 99/1-larney Lane Interim Improvement Project". This Agreement is on file in the office of the Public
Works Director of the City of Lodi, and is referred to and made a part hereof.
NOW, THEREFORE, we,the Principal and , as surety, are held and
firmly bound unto the City in the sum of TEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE and NO/100 DOLLARS
($10,875.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions
and provisions in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs
ai d reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on
SURETY:
by:
Attorney-in-fact
ea.ee ®®Agent
PRINCIPAL:
Address _ Address
APPROVED AS TO FORM: a; Ilk
City Attorney
Exhibit C
OrA
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this contract,
insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor
performing work covered by this contract from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from Contractor's operations under this contract, whether
such operations be by Contractor 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:
COMPREHENSIVE GENERAL LIABILITY
$3,000,000 Ea. Occurrence
POLLUTION LIABILITY
$1,000,000 Ea. Occurrence
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 combined single limit
NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a
claims period following termination of coverage which is at least consistent with the claims period or statutes of
limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine
Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a
description of therop iect that it is insuring.
A copy of the certificate of insurance with the following endorsements shall be furnished to the 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.
(This endorsement shall be on a form furnished to the City and shall be Included with Contractor'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 nor the coverage reduced by the company without 30 days' prior written notice
of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
Cotnpensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's
Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is
sublet, Contractor 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 Contractor. In case any
class of employees engaged in hazardous work under this contract at the site of the project is not protected under the
Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide
insurance for- the protection of said employees. A waiver of subrogation is required for workers compensation
insurance. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate
is received by the City.
1. AA#
2. JV#
t i2PIP''
FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE
TO: Internal Services Dept. - Budget Division
A.
3. FROM: Rebecca Areida-Yadav
15. DATE: 12/13/2011
4. DEPARTMENT/DIVISION: Public Works
SOURCE OF
FINANCING
t i2PIP''
FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE
AMOUNT
A.
325
3205 Fund Balance
$ 60,000.00
SOURCE OF
FINANCING
B.
325 325065
7720 SR 99/Harney Interim Improvements
$ 60,000.00
USE OF
FINANCING
(Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
ce of State Route 99/1-larney Lane interim improvement project. Appropriation to cover remaining balance of
project.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: 01/18/2012 Res No: G Attach copy of resolutionto this form.
Department Head Signature:
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
A RESOLUTION OF THE LODI CITY COUNCIL
ACCEPTING IMPROVEMENTS UNDER CONTRACT FOR STATE
ROUTE 99/HARNEY LANE INTERIM IMPROVEMENT PROJECT,
AUTHORIZING CITY MANAGER TO EXECUTE A PLANT
ESTABLISHMENT AGREEMENT, AND FURTHER
APPROPRIATING FUNDS
WHEREAS, the State Route 99/Harney Lane Interim Improvement Project was awarded
to Knife River Construction, of Stockton, California, on October 20, 2010, and has been
completed in substantial conformance with the plans and specifications approved by
City Council; and
WHEREAS, Knife River Construction is required by contract to maintain the new plants
along the State Route 99 on/off ramps for a period of 250 working days but has requested to
execute a Plant Establishment Agreement in lieu of this requirement; and
WHEREAS, staff recommends approval of the Plant Establishment Agreement, and
Knife River Construction has provided a signed agreement and all necessary security and
insurance documents; and
WHEREAS, Measure K funds were appropriated last fiscal year at contract award in the
amount of $60,000; however, these funds were not expended and did not automatically roll over
to the current fiscal year. Staff is recommending the funds be appropriated in the current fiscal
year.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept
the improvements under the contract with Knife River Construction, of Stockton, California, for
the State Route 99/Harney Lane Interim Improvement Project; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute a Plant Establishment Agreement with Knife River Construction, of
Stockton, California; and
BE IT FURTHER RESOLVED that funds in the amount of $60,000 be appropriated from
Measure K funds for this project.
Dated: January 18, 2012
I hereby certify that Resolution No. 2012-03 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 18, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS—Johnson
ABSTAIN: COUNCIL MEMBERS — None
IA6NOOHL
City Clerk
2012-03
CITY COUNCIL
JOANNE L. MOUNCE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
PHIL KATZAKIAN
Knife River Construction
655 W. Clay Street
Stockton, CA 95206
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
January 12,2012
Dale Gillespie
RMC Company
1420 S. Mills Avenue, Ste. K
Lodi, CA 95242
KONRADT BARTLAM
City Manager
RANDIJOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
F. WALLY SANDELIN
Public Works Director
SUBJECT: Adopt Resolution Accepting Improvements Under Contractfor State Route 99/
Harney Lane Interim Improvement Project, Appropriating Funds ($60,000) and
Authorizing City Managerto Execute a Plant Establishment Agreement with
Knife River Construction, of Stockton
Enclosed is a copy of background information on an item on the City Council agenda cf
Wednesday, January 18, 2012. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Lyman Chang,
Senior Civil Engineer, at (209) 333-6800, extension 2665.
F. Wally Sandelin
_rvK Public Works Director
FWS/pmf
Enclosure
cc: City Clerk
NCACCPT2.DOC