HomeMy WebLinkAboutAgenda Report - May 2, 2012 C-11AGENDA ITEM Co'011
&% CITY OF LODI
COUNCIL COMMUNICATION
-M
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Amendment No. 1 to
Professional Services Agreement with R. F. McDonald Company, of Modesto, for
Repair of Boiler at White Slough Water Pollution Control Facility ($11,495)
MEETING DATE: May 2, 2012
PREPARED BY: PublicWorks Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. I
to professional services agreement with R. F. McDonald Company, of
Modesto, for repair of boiler at White Slough Water Pollution Control
Facility, in the amount of $11,495.
BACKGROUND INFORMATION: The City Manager executed a professional services agreement with
R. F. McDonald Company on March 13, 2012, in the amount of $19,750
for the re -tube of Cleaver Brooks Boiler CB200-50 at the White Slough
Water Pollution Control Facility.
During the re -tube work performed on the boiler, a cracked Morrison tube was discovered. The contractor,
R.F. McDonald, verified the cracked Morrison tube requires replacement and provided a cost estimate of
$11,495to replace and complete the necessary repairs. Boilers are critical equipment that provide the
heat required to operate the anaerobic digestion process for solids treatment at the White Slough Water
Pollution Control Facility.
Staff recommends approval of Amendment No. 1 to the R. F. McDonald Company professional services
agreement, resulting in a net increase in contract value of $11,495.
FISCAL IMPACT: Repairsto this boilerare necessaryto maintain efficient operation.
FUNDING AVAILABLE: Wastewater Capital (171493): $11,495
JorUa—n Ajers r
DeputyCity Manager/Internal Services Director
Aa,44 ja"f'�
F. Wally SAdelin
PublicWorks Director
Prepared by Larry Parlin, Deputy PublicWorks Director — Utilities
FWS/LP/pmf
APPROVED:
Konradt Bartlam, City Manager
K:\WP\COU NC V2012\13oilerRepajrAmendment. doc
4/19/2012
AMENDMENT NO. 1
R.F. MacDonald Company
Professional Services Agreement
THIS AMENDMENT NO. I TO PROFESSIONAL SERVICES AGREEMENT, is
made and entered this day of May, 2012, by and between the CITY OF LODI, a
municipal corporation (hereinafter "CITY), and R.F. MACDONALD COMPANY
(hereinafter "CONSULTANT"),
WITNESSETH:
1. WHEREAS, CONSULTANT and CITY entered into a Professional Services
Agreement (Agreement) on March 13, 2012, as set forth in Exhibit 1 (attached).
2. WHEREAS, CITY requested to amend said Agreement as set forth in Exhibit 2;
and
3. WHEREAS, CONSULTANT agrees to said amendment;
NOW, THEREFORE, the parties agree to amend the Scope of Services and Fee,
as set forth in the Agreement as Exhibits I and 2.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
Amendment No. Ion
CITY OF LODI, a municipal corporation R.F. MACDONALD COMPANY
Hereinabove called "CITY Hereinabove called "CONSULTANT
KONRADT BARTLAM
City Manager
Attest:
RANDI JOHL, City Clerk
Approved as to Form:
D. STEPHEN SCK�(L
City Attorney
Name:
Title:
I P:Yhihit 1 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE I
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into onQtw�-� 2012— , by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and RE MacDonald
(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 retubing of
Boiler No. 1 at White Slough Water Pollution Control Facility (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 ExhibitA.
Section 2.2 Time For Commencement and CompLetion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
I
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts cf 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 cf
Services,
Section 2.4 Staffina
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications cf CONTRACTOR's principals and staff as
identified in its proposal to CITY, The Scope of Services shalt 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 sewices within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless priorwritten 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 Timm
The term of this Agreement commences on October 1, 2011 and terminates
upon the completion of the Scope of Services or on October 1 2012, whichever occurs
fi rst,
2
ARTICLE 3
CORIPI I SATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additianal work is approved in advance and in writing by CITY.
Section 3.2 Method of Pavment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement,
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and a amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section4.3 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 of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those in*es or damages
arising out of the active negligence cf the City of Lodi or its officers or agents.
Section 4.4 No Personal LialAft
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 41,5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
e 4.6 Insurance Requirements for W
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 Assicins
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. Consentto any such transfer shall be at the
sole discretion cf 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 cf mailing if sent hy first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3008
Lodi, CA 95241-1910
Attn: Kenny Capitanich
To CONTRACTOR: R.F. MacDonald Co.
1549 Cummins Drive
Modesto, CA 95358
Attn: Anthony Marino
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 cf CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY, CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
�1
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 parfles in reliance upon this Agreement.
Section4.12 Confidentialltv
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 ctearly 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 RecordsAct.
Section 4.93 Applicable Law, Jurisdiction, Severablift, and Attorney -'-;s Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction cf litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Reguiremen
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 petforming 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 lo those matters contained herein. No prior oral or written
underslanding 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 Severabillity
The invalidity in whole or in part of any provision cf this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownershir) 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 cf
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 apply to this contract. In the event of a conflict between the terms of this
contract or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
7
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as cf the date first above written.
ATTE:T'
RANDI J014L-
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
y:
CITY OF LODI, a municipal corporation
: MA 101 a : T-3 5- 0 W-3 kyj I UGE VA ky,
CONTRACTOR:
R.F, MACDONALD CO.
By:
Name: Seofk SK1,10i
Title: 6 etv r' ( 't'k 6-vL-
Attachments:
Exhibit A -Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable)
Doc IMPSAI-MSC16 FUNDING SOURCE: WASTERWATER CAPITAL (171493)
Ckrev.09.2011
EXHIBITA
SCOPE OF SERVICES
This project consists of R.F. MacDonald Co. retubing Boiler No. 1 and replacing the rear
tube plate located at White Slough Water Pollution Control Facility. Price including
Labor, Materials, and tax will be $19, 749.00. The total cost of this project shall not
exceed $49, 750.00. An itemized list of work to be completed is included in the fee
proposal, attached hereto as Exhibit B.
01 1 ",
R.E.MacO Onald Cox
yo�jr brlik,,r & pump solutions loam
—shux 1950
to d i Wastewater Treatment Plant
12751 North Thornton Road
Lod! CA
ReferenceQuote: LV�WTMF7232011AM
Attention: Kenneth CRpitanich
Phone.- 209.333.6832
Pax: 209.333.686*7
E -Mail: I(capitanicli@lo(li.gov
September 16,2011
EXHIBIT B
1549 C it ni in 1 11 i4l�
Modesto, CA 95358
Phone: 709,576,0726
Fax: 209.576.1312
www.rfmacdonaid.com
S,,,.,i NAMUR()
hit-swo
Ws WhA%
I." Atmaus
SAN DIEGO
40
Kenneth,
hi response to your inquiry for a quotation, RY, MacDonald Co. is pleased to provide the following
quotation for your review and consideration,
Retube Your Cleaver -Brooks CB200-50 SN OL096460
o Look out energy sources
* Open fi-ont and rear beads
9 Cut out all (49) boiler tubes
* Remove hand hole plates and clean all gasket faces
a Wash out boiler of all loose scale and debris
a Remove complete rear tube sheet,
a Clean and prep area far new rear tube sheet.
6 Set, place and weld new tube sheet to manufacturer specifications,
a Prepare tube sheet and perform Liquid dye test on sheet to check cracks
0 Provide and install (49)2.5" x 105 rn/w SA 178A boiler tubes (tubes are upgraded
from.095 rn1w to.105 m/w tubes)
a Roll and bead front tube attachments and upper rear attachments
a Seal weld hot pass war tube attachments
v Stiess relieve seal welds
a Provide and install new hand hole gaskets and McD&M level control gaskets
* Fill unit
# Provide State Authorized Inspector to witness hydro test of unit
a Install new fireside gaskets and close front and rear heads
* All welding to be done in accordance with ASME and NBIC rules and regulations
* r4 Ile all necessary ASME and NBIC code paperwork
• Provide code welding inspection/inspector for NBIC compliance,
• Combustion tuning not included in this proposal.
Price Including Labor, Materials, and tax is ...................... ........... S19,749.00
Quote It LWWTMF623201 I AM
HIMadlonald Co.
• NotCovered: Any work that is not specifically described above
• Unit needs to be cool at thne of repairs
• Any additional work found ypon fitaher insImetion or durin,&, YwI)ah-s WH be at an
additional cost
General Terins and Condiflow
Quotation is valid for 30 days. Sales tax, freight, iiistallation (including boil -out, electrical connection, insulation and
utilities) start-up, etc, are riot included unless specifically stated in body of quotation, Permits from building deporinleill
and the Air Pollution Control District may be required but are not included unless specifically stated. Unless noted
otherwise, we liave not included ony special air pollution emission control equipment or source testing that may be
required, If required, please contact is for a quotation. Buyer cannot retum any malerial without our express written
iuthodzation and upon torms and payments to R. F. MacDonald Co. of nny re -stocking 0harges up to 100% of tile
purchase arnount,
If work is deferred at your request, we reserve the right to re -quote if prices have changed. We have not included any
provisions for handling, removing, or disposing of any asbestos containing material, All labor is at normal working
bours. Nighl, weelcand or holiday work is iiot included unless otherwise noted. Orders entered and SUbSCqL10n11y
canceled arc subjeetto the remedies provided by (lie Uniform Commercial Code,
Claims: You are responsible for inspecting merch and i so on receipt and for filing claims with the carriers for damage or
loss. All cialing for shortages and damages nust be rande in writing to the carriers within ten (10) days of receipt, We
siggest you call the canier immediately upon noticing any possible fteiglit reInted damage and arrange for inspection
before proceeding with wpncking. Photographs taken while the delivery truck is still oil sight are recommended if
possible.
Under no cirounistances may you withhold payment orclinrge the Company for fteight or warranty related claims.
No claim for expenses incurred for corrective work done on merchandise provided by the Company will be considered Or
accepted unless specifically ngyood to in writing, in advance of (lie work being done, by nn authorized rnamger of the
company,
Service Charge We reserve the right to take action to collect any invoice which is not paid when due, Wc also assess a
late payment SERVICE CHARGE on the day following the due date and niortthly thereafter against all amounts
remaining unpaid on each such date, Subjectio any limitations that may be imposed by applicable law, the amount of this
charge 1 s 1 1/2% of the amount remaining unpaid on each such da(c.
This policy will be applied to customers who permit their account to become delinquent. It is your responsibility to
notif� R.F. MacDomld Co. of any extenuating circumstances that may affect your payment and work out a solution.
Please knowthat our interestlics notin collecting a service charge, but in receiving timely payment ofyourinvoice.
In Warranty Materials and Disclaimer of Warranties: You will rely solely on the warranty provided by the
inniluf,icturer, Your gole and exclusive remedy for breach of waffantysliall be as provided in the manufacturer's standard
warranty unless otherwfse specifically expressed in writing.
You will be invoiced in the regular manner for all material and parts even though it may be an in-warrmity transaction.
Credit will be issued promptly oil our receipt of proof of vaturn, and, as long as gie return 1 s within the prescribed time
limit and has been properly
authorized. Please not,, that withholding paynient of any invoice in aifflolpation of an in -warranty, crodit is riot consistent
with ourterrits ofsale.
Quote# LWWTMF62320l IAM
RXE MacOunald Co.,
RX. MacDonald Co. makes no warranty expressed or implied of any ldnd. We make jib claim of fitness or
merchantability or any other warranty, expressed or implied, nor is anyone else, NvItether employed by RX,
MacDonald Co., or not, authorized to do so oil our behalf. We specifically disclahn the warranty of
merch antability and the warranty of fitiless.
In tio event shall R.F. MacDonald Co. be liable to you or ally person, corporation or other type of legal entity Fbirall
�spegairdifeG44itdir-eGUnokiwital-or consequential damage of airy Itind, including but not linilted to, loss of products� pto
loss of time, loss of use, loss of production, loss of savings or revenues, 5-S,
whether suell '2�101 12 -
claims are alleged in strict liability,-negligenee, tort; and even If RX. rylacDonNd Co, Is
informed in advance of the possibility of such damages,
Normal Use and Service: Normal use and service implies that failure due to accident, misuse,abust, or neglect 1 s not
covered by the warranty. Any damage caused by replacement parts not provided by R, F. MacDonald Co. or the
manu faeturer will void the warranty. Deviation from recommended application, system design; installation or service
practices maybe considered misuse and/or. abuse.
Waffantiesare conditioned upon the equipmentbeing properly maintained and operated within the equipment's capacity
under numial load conditions with competent supervised operators, and properwater conditioning (where applicable).
Not Covered Costs: Warranty does not include routine and preventative maintenance service. Typien] routine and
maintenance items:
* Misc, RdJustments (i.e. pilots, igniters, level controls, press ure/temperature switches, other limit switches,
flame scanner alignment, etc)
* General cleaning (Oil, water, gas, air filters or strainers)
* Torque of bolts (valve pac)(ing, boiler head bolts, valve flange bolts, etc)
* Refractory care, (i.e. Minor expansion crack repair, wash -coating, etc,)
* Combustion and/or Hrikage. adjtistment (Four combustion cliecRs and adjustments annually are typical)
Please refer to the manufficturers operating and maintenance instructionsfor additional details ofthe
requirements of your now equipment.
Acceptance:
Print Name of Person:
Purchase Order No.
Regards;
R,F. MacDonald Co.
Anthony Marino
Afterniarket Sales
(209) 747-1817
Quote VLWWTMF623201 I AM
Data:
Htla
Mike Flora
Boilermaker Foreman
RF MacDonald Co.
Office (209)576-0726
Cell (209)595-6172
Fax (209)576-0751
EXHI'BIT C
O'LJ
Insurance Requirements for Contractor The Contractor shall takeout and maintain during the life of this contract,
insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor
performingwork covered by this contractfrom claims for damagesfor personal injury, including accidental death, as
well as from claimsfor property damages, which may arise from Contractor's operations underthis 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:
1 . COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Ea. Occurrence $1,000,000 - Ea. Occurrence
NOTE: Contractor agrees and stiputates that any insurance coverage provided to the City cf Lodi shall provide fbr a
ciaims period following termination of coverage which is at least consistent with the claims period or statutes of
limitationsfound in the CaliforniaTort ClaimsAct (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
descriptionof the grolect hat it is insuring.
A copy of the certificate of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsemen
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) Severabililyof InterestClause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall
not operate to increasethe limit of the company's liability.
(d) Notice of Cancellation or Change in Coverage Endorsement
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 Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
Compensation 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 hazardouswork underthis contract at the site of the project is not protected underthe
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 cf Lodi, 221 W, Pine St., Lodi, CA
95240.
NOTE: No contract agreementwill be signed norwill AU work begin on a project until the proper insurance certificate
is received by the City.
V ME Macftnald Co.
K-_'%
your 4)oiler &P,"irop sf")Ifjtion"� I - arn
1956
City of Lodi Wastewater Treatment Plant
12751 North Thornton Road
Lodi, CA 95240
Reference Quote: CL-AM04042012
Attention: Kenneth Capitanich
Phone: 209,333.6832
E -Mail: Kcapitanich@lodi.gov
April 04,2012
I Exhibit 2 ]
1549 Curnm ns Drive
I
Modesto, CA 95358
Phone: 209,576.0726
Fax: 209.576.1312
vvvvvv.rfmacdona1d,com
SAN FRANCISCO
FRISHIC
LAS VEGAS
Los ANGRES
SAN Dim
R Eflo
Kenneth,
In response to your inquiry for a quotation, R.F. MacDonald Co. is pleased to provide the following
quotation for your review and consideration.
Replace Cracked Morrison Tube on Cleaver Brooks Boiler CBZOO-50
• Lock out energy sources
• Remove burner housing and demo existing Morrison tube, throat and liner tile and front
furnace flange.
• Replace with new RFM supplied Factory Spec Morrison Tube.
• Install new furnace flange and throat and liner tiles as specified by Cleaver Brooks using
all Cleaver Brooks Factory materials.
• Needle gun all interior surfaces of the pressure vessel for removal of scale build up.
• Provide State Authorized Inspector to witness hydro test of unit
• All welding to be done in accordance with ASME and NBIC rules and regulations
File all necessary ASME and NBIC code paperwork
Provide code welding inspection/inspector for NBIC compliance.
Combustion tuning not included in this proposal.
Price Including Labor, Materials, and tax is ................................... $11,495.00
0 Not Covered. Any work that is not specifically described above
Unit needs to be cool at time of repairs
Any additional work found upon further
additional cost
Quote # CL-AM0404020 12
04/04/2012
inspection or during repairs will be at an
RESOLUTION NO. 2012-50
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH R.F. MCDONALD COMPANY FOR
REPLACEMENT OF CRACKED MORRISON TUBE ON
CLEAVER BROOKS BOILER CB200-50 FOR WHITE SLOUGH
WATER POLLUTION CONTROL FACILITY
WHEREAS, the City Manager executed a Professional Services Agreement with
R.F. McDonald Company on March 13, 2012, in the amount of $19,750 for the re -tube cf
Cleaver Brooks Boiler CB200-50 for the White Slough Water Pollution Control Facility;
and
WHEREAS, during the re -tube work, a cracked Morrison tube was discovered,
and the contractor verified the cracked Morrison tube requires replacement and provided
the cost estimate to replace and complete the necessary repairs; and
WHEREAS, boilers are critical equipment that provide the heat required to
operate the anaerobic digestion process for solids treatment; therefore, staff
recommends approval of Amendment No. 1 to the R.F. McDonald Company
Professional Services Agreement, resulting in a net increase in contract value of
$11,495.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve Amendment No. 1 to the Professional Services Agreement with R.F. McDonald
Company, of Modesto, California, for replacement of the cracked Morrison tube on
Cleaver Brooks Boiler CB200-50 for White Slough Water Pollution Control Facility in the
amount of $11,495; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the amendment.
Dated: May 2, 2012
I hereby certify that Resolution No. 2012-50 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 2, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and
Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi
ABSTAIN: COUNCIL MEMBERS— None 1�-7
i=L
City Clerk
2012-50