HomeMy WebLinkAboutAgenda Report - June 6, 2012 C-05AGENDA ITEM CIWS
CITY OF LODI
,. COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Amendment No. 2 to
Professional Services Agreement with R.F. MacDonald Company, of Modesto, for
Boiler Cleaning and Inspection at White Slough Water Pollution Control Facility
($11,050)
MEETING DATE:
PREPARED BY:
June 6,2012
Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute Amendment No. 2
to professional services agreement with R. F. MacDonald Company, of
Modesto, for boiler cleaning and inspection at White Slough Water
Pollution Control Facility, in the amount of $11,050.
BACKGROUND INFORMATION: The City Manager executed a professional services agreement with
R.F. MacDonald 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. On May 2, 2012, Council authorized Amendment No. 1 in the
amount of $11,495, for repair of a cracked Morrison tube that was discovered during the re -tube work.
Periodic inspection of the boilers is required in order to remain compliant with permits issued by the
San Joaquin County Air Pollution Control District, and the inspection is now due.
In order to meet the compliance deadline, staff recommends approval of Amendment No. 2 to the
R.F. MacDonald Company professional services agreement to perform the required inspections, resulting
in a net increase in contract value of $11,050.
FISCAL IMPACT: Inspection of the boilers is necessary to remain compliant with permit
requirements. If the compliance deadline is not met, the City may incur
fines.
FUNDING AVAILABLE: Wastewater Plant Maintenance (170403): $11,050
n6le2a - -
Jor an yers
Deputy City Manager/Internal Services Director
,(�r F. Wally Sandelin
Public Works Director
Prepared by LarryParlin, Deputy PublicWorks Director— Utilities
FWS/LP/pmf
APPROVED:
Konradt Bartlam, City Manager
K:1WPICOUNCIL12012\RFMacDonaldAmendment2.doc 5/17/2012
AMENDMENT NO. 2
R.F. MacDonald Company
Professional Services Agreement
THIS AMENDMENT NO. 1 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, the Agreement was amended by Council action per Resolution
No. 2012-50 on May 2,2012.
3. WHEREAS, CITY requested to further amend said Agreement as set forth in
Exhibit 2; and
4. 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 1 and 2.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
Amendment No. 2 on ,2012.
CITY OF LODI, a municipal corporation
Hereinabove called "CITY"
KONRADT BARTLAM
City Manager
Attest:
RANDI JOHL, City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney ��
R.F. MACDONALD COMPANY
Hereinabove called "CONSULTANT"
Name:
Title:
Exhibit 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 P
THIS AGREEMENT is entered into on(--VL,00 12.µ. , by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and R,F. 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
:OPE ( 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 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 cf
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied an CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY, The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discrefion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
priorto 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, permit's, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTORto 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 underthis Agreement.
Sectlof12.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on October 1, 2012 and terminates
upon the completion of the Scope of Services or on October 1, 2012, whichever occurs
first,
4
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method cf Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as fo 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 cf 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 cf 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 Auditina
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,
abtain 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 cf 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 ►VISI(
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, nafional origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
in performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees), arising out of performance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence of the City of Lodi or its officers or agents.
Section 4.4 No Personal Liability
Neitherthe 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 CIT
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
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 cf the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: 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.
Section4.10 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 thaf 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.
i•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 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 RecordsAct.
Section 4.93 Applicable Law, Jurisdiction. Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.94 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
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 Modifi a i n
This Agreement represents the entire understanding d 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 cf this Agreement shall prevail.
Section 4.18 S' eyerabillty
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 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 cf services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days,
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit F=unding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit apply to this contract. In the event cf 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
]N WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
I�ANDI Jt)I IL KONRADT BARTLAM, City Manager
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAU ER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
CONTRACTOR:
R.F. MACDONALDCO.
By:
Name: S��ji .SKat�
Title: Geer.I wv6iL
Attachments:
Exhibit A — Scope of Services
Exhibit B —Fee Proposal
Exhibit C —Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Doc ID:P8A#-MSC16 FUNDING SOURCE: WASTERWATER CAPITAL (171493)4 �
Mivv.09.201.1
i*:cu 3119.1
SCOPE OF SERVICES
This project consists of R.F, MacDonald Co. retubing Boiler No. land 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 $19, 750.00. An itemized list dwork to be completed is included in the fee
proposal, attached hereto as Exhibit B.
1.10"R . i' 81, MacDonald Co.
0. your i�r.7iir•,r pi solutions team
M Since 1956
Lodi Wastewater Treatment .Plant
12751 North Thornton Road
Lodi CA
Reference Quote: L'VVWTMP7232011AM
Attention: Kenneth Capitanich
Phone: 209.333.6832
Fax: 209.333.6867
E' -Mail; Kcapitanicli@lodi.gov
September 16, 2011
EXHIBIT B
1519 0umetltia grlve
Modesto, U 96358
Phone: 200.576.0726
Fax: 209, 576,1312
www,rfmacdanald.com
Sx,i F#vivito
Fame
Las WhAs
Los Acuars
fiiilo
Kenneth,
Iii response to your inquiry for a quotation, R.P. MacDonald Co. is pleased to provide the following
quotation for your review and consideration
Retube Your Cleaver -Brooks CB209-50 SN ()LO%4G0
C Lock out energy sources
o Open ftont and rear heads
e Cut out all (49) boil or tubes
e Remove hand hole plates and clean all gasket faces
# Wash out boiler of all loose scale and debris
e Remove complete rear tube sheet.
e Clean and prep area for now rear tube sheet.
e Set, place and weld new tubc sheet to manufacturer specifications,
n Prepare tube sheet and perform Liquid dye test on sheet to check cracks
o Provide and install (49)2.5" x .105 m/w SA 178A boiler tubes (tubes sire upgraded
from ,095 m/w to ,105 m/w tubes)
v Roll and bead front tube attaeliments andupper rear attachments
a Seal weld hot pass rear tube attachments
o Stress relieve seal welds
c Provide and install new hand hole gaskets and MoD&M level control gaskets
o Fill unit
Provide State Authorized Inspector to witness hydro test of unit
Y Thstall new fireside gaskets and close front and rear heads
o All welding to be done in accordancewith ASMI✓ and NBIC rules and regulations
• FIle all necessary ASME and NUIC code paperwork ,
• Provide codewveltling Inspection/Inspector for NBIC compliance,
n Combustion tuning not included in this proposal.
Price Including Labor, Materials, and tax is...................................$19,7A9.00
Quote # LWWTMF6232011AM
t:�M1P�saHIMacOunald Co.
Not Covered: Any•vvork that is not speeifioally described above
Unit needs to be Gaol at time of repairs
Any additional work found 111101Z farther in,slteetion or drtring rgaits rill be at an
additional cost
General Terms and CWhieas
Quotation is valid for 30 days. Sales tax, freight, installation (including boil -out, electrical connection, insulation and
utilities) start-up, etc. are not included unless specifically stat ed in body of quotation. Perniits from building department
and the Air Pollution Control District may be requited but are not included unless specifically stated. Unless noted
otherwise, the have not included any special air pollution emission control equipment or source testing that may be
required, If required, please contact us for a quotntion, Buyer cannot return any material without our express written
authorization and upon terms and payments to R. P. MacDonald Co. of any re -stocking charges up to 100% of the
purchase amount,
If work is deferred at year request, we reserve the right to re -quote if prices have changed, We have not included any
provisions for handling, removing, or disposing of nny asbestos containing material, All labor is at normal woricing
hours. Night, weelcend or holiday work is not included unless otherwise noted. Orders entered nod subsequently
canceled are subject to the remedies provided by the Uniform Commercial Code,
Claims: You are responsible for inspecting merchandise on receipt and for filing olaims with the carriers for damage or
loss. All cialnts for shortages and damages must be made in writing to the carriers within ton (10) days of receipt. We
suggest you call the carrier hnmediately upon noticing any possible freight related damage and arrange for inspection
before proceeding with unpacking. Photographs tatcen while the delivery truck is still on sight are recommended if
possible.
Under no circumstances may you withhold payment orchnrge the Company for freight or warranty related claims.
No claim for expenses incurred for corrective work done on merchandise provided by the Company Will be considered or
sccepfcd unless specifically ngrood to in writing, in advance of the work being done, by nn authorized manager of the
company,
Service Chnyues We reserve the right to take action to collect any invoice which is not pnid when due, We also assess a
Into payment SERVICE CHARGE on the day following the clue date and monthly thereafter against all atnounts
remaining unpaid cn each such dote. Subject to any limitations that may be imposed by applicable law, the amount of this
charge is I '10a of the amount remaining unpaid on encli such date.
This policy will be applied to customers who permit their nccount to become delinquent. It is your responsibility to
notify R.P. MacDonald Co. of nny extenuating circumstances that may affect your pnyment and work our a solution.
Please know that our interest lies not in collectings service charge,but in receivingfimely payment of your invoice,
in Warranty Materials and Disclaimer of Warranties: You will rely solely on the warranty pravided by the
manufacturer. Your sole and exclusive remedy for breach ofwarranty shall be as provided inthe manufacturer's standard
warranty unless otherwise specifically expressed inwriting,
You will be invoiced in the regularmanner for all material and parts even though itmay be an in•wavrawy transaction.
Credit will be issuedpromptly on our receipt ofproof ofroturn, and, as long as the return is within the prescribed time
limit and has been properly
authorized. Please note that withholding payment of any invoice in anticipation of an in-warrantycredit is not consistent
with our terms of gale,
Quote it LW WTMF623201 I AM 2
,EMacDonald Cat,
RX. MacDonald Co. makes no warranty expressed or implied of nny ldnd. We make no claim of fitness or
merchantability or any other warranty, expressed or implied, nor is antyono else, whether employed by R.P.
MacDonald Co„ or not, authorized to do so on our behalf. We specillealiy disclaim (lie warranty of
merchantability and the warranty of fitness.
In no event shall RX, MacDonald Cu. be liable to you or any person, corporation or other type of legal entity for any
peelatrdinaety-indirest+'no idw%W-or consequential damage of any Mud, Including but not limited to, loss of products, 0
loss of time, loss of use, loss of production, foss of savings or revenues, eost-o€-replaeettteat goods; Iaboi4osts-o"fiter 5-f ►`
L chargas irs xortaavtion uitk p+ad��at Urso-nr-rnalhFnttao 4he reHair er reHlnretxent�et detect a pmts whether such '2-1101(2 /
claims arc alleged in strict liability, -negligence, tort, cotxtrstct �atltet�uiec and even if RX. MacDonald 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, abuse, or neglect is not
covered by the warranty. Any damage caused by replacement parts not provided by R, F. MacDonald Co. or (he
manufacturer will void the wnrrnnty, Deviation from recommended application, system design; installation or service
practices may be considered misuse and/or.abuse.
Warranties are conditioned upon the equipment being properly maintainedand operated within the equipment's capacity
under nurmal load conditions with competent supervised operators, and properwater conditioning (where applicable).
Not Covered Costs: Warranty does not include routine and preventative maintenance service. Typical routine and
maintenance items;
• Misc. adjustments (i.e. pilots, igniters, level controls, pressure/temperature switches, other limit switches,
flame scanner alignment, eta)
• General cleaning (Oil, water, gas,air Filtersor strainers)
e Torque ofbolts (valve paciting, boiler fiend bolts, valve flange bolts, etc)
• Refractory care (i.e. Minor expansion crack repair, wash -coating, etc.)
• Combustion and/or iinldage adjustment (Cour combustion checks and adjustments annually are typical)
Please refer to the manufacturers operating and maintenance instructions for additional details of the
requirements of your new equipment.
Acceptance: Date:
Print Name of
Purchase Order No
Regards: Wit ), _ /
R,F. MacDonald Co. 1_/amu
W.1,Y/ %,PXt w Mild: Flora
Anthony Maritto Boilermaker For ema11
Aflei-market Sales RF MacDonald Co,
(209) 747-1817 Offiee (209)576-0726
Cell (209)595-6172
Fax (209)576-0751
Quote it LWWTMF623201 IAM
InsuranceReaufrements 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
perfortningwork 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 foliows:
COMPREHENSIVE GENERALI.IA"ITY 2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Ea. Occurrence $1,000,000 -Ea. Occurrence
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
descriptionof the protect that it is insuring.
A copy of the certificate of insurancewith the following endorsements shall be furnished to the City:
(a) Additional Named Insured EndoMement
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 endorsementshall 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
contributingwith the insurance afforded by this endorsement.
(c) Saverabillty of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of niore than one insured shall
not operate to increase the limit of the company's liability.
(d) Notice of Cancellationor 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
96240.
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, Contractorshall requirethe subcontractorsimilarly 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. Th case any
class of employees engaged in hazardous work underthis 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 agreementwill be signed nor will AM work begin on a projectuntil the proper insurance certificate
is received by the City.
B.F. Macoonald co.
vour boiler & bump solutions team
April 16,2012
City ofLodi —WWTP
White Slough- Thornton Road
Lodi, CA 95241
Attention: Ken Capitanich
KCapitanich@lodi.gov
Ref Quote: CL-AM04162012
Equipment List
Cleaver Brooks CBLE 700-50 SNOL106106- Boiler #3
since 1956
Exhibit 2
1549 Cummins Drive
Modesto. CA 95358
Phone: 209.576.0726
Fax: 209.576.1312
www.rfmacdonaid.com
Tuned on NG/Digester Fuel
Cleaver Brooks CB 700-50 SN L96460 Boiler #1 Tuned on NG/Digester Fuel.
Cleaver Brooks C13700-50 SN L97261 Boiler #2 Tuned on NG/Digester Fuel.
Mr. Capitanich:
SAN FRANCISCO
FRESNO
FAS DEGAS
Us /ANGELES
SAN DIEGO
RENO
At R. F. MacDonald Co. we understand the importance of:
• Safe work practices and Safe Equipment Operation in Compliance with all Manufacturer's,
Insurance Company's, Local, State and National Regulations
• Maximizing Operational Efficiency to reduce fuel costs
• Equipment and System reliability for maximum up time.
• Air Pollution Regulation Compliance
R. F. MacDonald Co. is pleased to announce that we have developed a scheduled maintenance and
compliance program designed specifically to provide value to customers with safe, efficient, reliable and
low emission operation of your fired equipment. Our scheduled maintenance/compliance plan is really an
Assured Efficiency/Emission Compliance Plan, AECP. Clients of our program are introduced to our
AECP Team members who will support your boiler plant operations to maximize efficiency and full
emission compliance.
As the source owner, it is your responsibility to comply with SJVUAPCD permit requirements which
includes record keeping. Don't add unnecessary cost or penalties to your business. At R. F. MacDonald
Co. we have the staff, the experience, and the equipment to provide you value for your dollar.
One low annual price takes care of your scheduled boiler plant service and you can rest assured that
optimum efficiency is obtained from your boilers at all times. You only pay extra for parts and service (if
and when they are needed).
As a PREFERRED CUSTOMER, under the AECP programs you are entitled to a special discount of
15% on spare or replacement parts for the equipment covered in this contract. After all, if we are to
keep good customers we must provide expert service and protect your interest and money.
Please review the attached plan outline and proposal. Feel free to call us for additional details or a visit
from one of our representatives.
It is important to note that AECP customers will have priority on emergency service calls.
HIM uld Co.
your boiler& pump solutions team
-
-sin,, 1956
City of Lodi. Quote CL-AM04162012
April 16,2012
Page 2 of 8
ASSURED EFFICIENCYICOMPLIANCE PLAN FOR ANNUAL
BOILER EFFICIENCY AND PLANT SERVICES
SECTION I includes complete annual boiler cleaning and inspection to clean heat transfer surfaces for
maximum efficiency.
SECTION II includes complete periodic preventative maintenance services and fine-tuning to factory
specifications for absolute maximum combustion efficiency.
• The attached Section I and II reports forms are completed as applicable by our service personnel on
completion of the inspections and submitted for your permanent records.
• This contract is not transferable.
• This contract is available for renewal from year to year. A new contract will be submitted by R.F.
MacDonald Co. prior to the due date of the next annual renewal fee.
• This contract does not include the furnishing of repair or replacement parts or any other material that
may fail or require replacement due to normal wear and tear except as noted. (15% Preferred
Customer Discount on Parts).
• Any calls in addition to those included in the AECP contract at the request of the owner or his agent
shall be billed and paid for at the standard service rate of R.F. MacDonald Co.
1549 Cummins Drive, Modesto, CA 95358, Phone: 209.576.0726, Fax: 209.576.1312
www.rfmacdonaid.com
-71 0R.F. MacMuld Co.
your boiler & pump solutions team
since 1956
City of Lodi. Quote CL-AM04162012
April 16,2012
Page 3 of 8
SECTION _I
COMPLETE BOILER CLEANING
AND INSPECTION SERVICE
R.F. MacDonald Co. agrees to provide all labor and tools to perform the following work annually.
• Open, clean and brush fireside tubes of boiler with our power equipment, clean furnace and wire wheel
rear tube sheet as required.
• Open, clean and inspect low water cut-off assemblies and piping inspection plugs. Replace w/ bull
plugs if needed. Flush water column, control line and waterside removing loose scale, mud and
debris. (Recommend waterside cleaning at additional cost if hard and/or excessive scale is present.)
• Check MacDonnell and Miller float controls for wear (M&M recommends head replacement every 5
years regardless of condition of unit. (Not included, quoted separately)
• Check for globe valves and proper drain piping on all column blow down lines.
• Check for Mercury switches and replace at customers discretion. Additional PO or authorization
required
• Check for proper code stamping.
• Clean and rebuild Penberthy high pressure sight glasses if equipped and dirty.
• Remove Warrick probes, if equipped, clean, inspect high temp wire for wear and check for proper
operation.
• Check blow down valves and piping for wear.
• Replace gauge glass and gauge glass valves on water column if required. (Does not include
Penberthy sight glasses)
• Replace tri -cock valves or replace with plugs at customers discretion.
• Inspect refiactory, point up (seal cracks) and wash -coat all refiactory surfaces.
• Paint all hand hole plates and man way plate with CleaverBrooks high temp aluminumpaint.
• Fill unit and test for leaks.
• Check safety relief devices for correct application and setting, operation and wear. (RF MacDonald Co
recommends replacing/overhauling safetyrelief valves annually.)
1549 Cummins Drive, Modesto, CA 95358, Phone: 209.576.0726, Fax: 209.576.1312
www.rfmacdonaid.com
�� 1 E M,boiler losuld olutiCo.
ons team
- since 1956
City of Lodi. Quote CL-AM04162012
April 16,2012
Page 4 of 8
• Seal and close fireside of boiler using all new gaskets (Cleaver Brooks Boilers will be all genuine
Cleaver Brooks Parts).
• Replace door bolts and nuts as needed. Apply hi -temp anti -seize to all threads
• Touch up door and door bolts with Cleaver Brooks Enamel.
• Check burner pilot and main flame ignition.
• Each boiler/burner to be checked and calibrated for optimum air/fuel mixture for each fuel and
adjusted to its maximum efficiency level throughout entire modulation range. Flue gas analysis
includes the monitoring of temperature, 02, CO, NO, and excess air and will be in a format to comply
with the SJVUAPCD Monthly Monitoring requirement. (worn controls, metering valves, linkage or
affiliated equipment replacements, if required, is not included but is available at 15% discount on
parts).
• HAWK ICS Flash Card back-up of Controls and Panelview as applicable
• Work to be done on a regular workday basis (Monday -Friday). Additional cost for weekend or
Holiday work will be billed separately unless part of and noted in this contract.
• All work will be performed by R.F. MacDonald Co.'s own boiler technicians and is guaranteed to be
first class in quality and workmanship.
• The boiler room shall be left in the same clean condition as existed prior to start of the work.
• A field engineer's checklist and report will be submitted upon completion of work.
This proposal does not include any extra labor and materials that may be required to correct any condition
pre-existing or not evident at the time of the inspection. No extra work will be performed without prior
authorization.
1549 Cummins Drive, Modesto, CA 95358, Phone: 209.576.0726, Fax: 209.576.1312
www.rfmacdonald.com
R.E �d CL
your boiler & pump solutions team
since /956
City of Lodi. Quote CL-AM04162012
April 16,2012
Page 5 of 8
SECTION II
PERIODIC PREVENTATIVE MAINTENANCE AND
FINE TUNING SERVICE PROGRAM
R.F. MacDonald Co. agrees to provide the following applicable semi-annual services as indicated in the
AECP contract.
• Check flame failure safeguard control for pilot and main flame ignition.
• Check operation of blower motor and control circuitry.
• Check operation and adjust all linkages, belts and pulleys in accordance with factory specifications.
(As applicable)
• Check operation of gas valves and vents.
• Check operation and adjust all boiler operating, pressure and temperature limits, stack oxygen
transmitters (if present) and running interlocks.
• Check operation of low water controls on hot water closed systems. Draw down water column and
check low water controls and/or feed water pump control on steam systems.
• Combustion and efficiency testing to be monitored and recorded at firing rates or of 20%, 50%, 75%
& 100% of boiler/burner capacity when applicable. Combustion efficiency will be calculated and
recorded at each position and will be in a format to comply with the SJVUAPCD Monthly
Monitoring requirement.
• Upon completion of full testing, our engineers report will be submitted for your review.
1549 Cummins Drive, Modesto, CA 95358, Phone: 209.576.0726, Fax: 209.576.1312
www.rfmacdonaid.com
81 ould Co.
your boder & pump solutions team
- rnu< /956
City of Lodi. Quote CL-AM04162012
April 16,2012
Page 6 of 8
AECP CONTRACT
This contract shall pertain only to the following equipment.
AECP
Make Model No. Serial No. AECP Section Annual
SectionI II (lea) Price
BoilerNo.I
Cleaver
CB700-50
L96460
$2,750
$900
$3,650
Brooks
Boiler No. 2
Cleaver
CB700-50
L97261
$2,750
$900
$3,650
Brooks
Boiler No. 3
Cleaver
CBLE700-50
OL106106
$2,850
$900
$3,750
Brooks
Grand Total for all boilers(3)............................................................................... $1 1,050.00
Payment Terms: On approval of credit, net 30 days from date of acceptance.
Note:
1. Contract to become effective upon the date of acceptance.
2. Initial service will be scheduled after receipt of purchase order.
3. Annualized monthly payments can be arranged if desired
4. Cancellation charges will be 50% of the balance of the contract
Company N
Accepted by:
Date: Title:
Purchase Order #:
Phone
If you have any questions don't hesitate to contact me,
Sincerely,
Anthony Marino
Aftermarket Sales
R.F. MacDonald Co.
1549 Cummins Drive, Modesto, CA 95358, Phone: 209.576.0726, Fax: 209.576.1312
www.rfmacdonald.com
It
B.F. MacDonald co.
May 7,2012
SALE AND PAYMENT TERMS AND CONDITIONS
The following sets forth the sale and payment terms and condition policies of R.F. MacDonald Co. It constitutes
the general agreement between R.F. MacDonald Co. ("RF. MacDonald Co.", the "Company" or "we") and you,
its customer, under which products, service and parts are sold, credit is extended and payments are expected,
This policy supersedes all previous sales and credit, payment terms and conditions, and finance policies issued by R.F.
MacDonald Co. and shall remain in effect until further notice. The company reserves the right to change this policy and
agreement at any time.
EXTENSION OF CREDIT
Credit is one of the most important services R.F. MacDonald Co. offers to you as a customer. An open line of credit is
established for you based upon your needs, financial strength, and history of meeting your credit obligations.
In order to insure you the best possible prices and service, we must enforce a credit and collections policy based upon
sound business principals and good judgment.
INVOICING AND PAYMENT TERMS
Payment Terms are 25% down payment, balance Net 30 (upon approval of credit) on all invoices unless other
arrangements are made in advance of shipment. When opening a new account with an order, the Company may require
payment with the initial order so as not to delay shipments while credit references and financial information are being
reviewed. We reserve the right to suspend or terminate any further performance under this agreement or otherwise in the
event payment is not made when due. Quotes are valid for 30 days. Equipment will not be started up unless 90% of
the purchase price of the equipment has been paid.
Shipment Terms Unless otherwise specified in writing signed by an authorized representative of the Company, all
shipments are F.O.B. the manufacturer's factory or R.F. MacDonald Co. warehouse as applicable. Title to the
merchandise shall pass to the buyer upon delivery to the carrier at the F.O.B. point and thereafter all risk of loss or
damage shall be the buyer's.
Service Charees We reserve the right to take action to coliect any invoice which is not paid when. due. We also assess
a late payment SERVICE CHARGE on the day following the due date and monthly thereafter against all amounts
remaining unpaid on each such date. Subject to any limitations that may be imposed by applicable law, the amount of
this charge is 1%2% of the amount remaining unpaid on each such date.
This policy will be applied to customers who permit their account to become delinquent. It is your responsibility to
notify R.F. MacDonald Co. of any extenuating circumstances that may affect your payment and work out a solution.
Please know that our interest lies not in collecting a service charge, but in receiving timely payments of your invoice.
IN WARRANTY MATERIALS AND DISCLAIMER OF WARRANTIES
You will rely solely on the warranty provided by the manufacturer. Your sole and exclusive remedy for breach of
warranty shall be as provided in the manufacturer's standard warranty unless otherwise specifically expressed in writing.
You will be invoiced in the regular manner for all materials and parts even though it may be an in -warranty
transaction. Credit will be issued promptly on our receipt of proof of return, and, as long as the return is within
the prescribed time limit and has been properly authorized. Please note that withholding payment of any invoice
in anticipation of an in -warranty credit is not consistent with our terms of sale.
R.F. MacDonald Co. makes no warranty expressed or implied of any kind. We make no claim of fitness or
merchantability or any other warranty, expressed or implied, nor is anyone else, whether employed by R.F. MacDonald
Co., or not, authorized to do so on our behalf. We specifically disclaim the warranty of merchantability and the warranty
of fitness
For any items or components proposed as a substitute to specified items, it is understood that seller makes no
guarantee that the products submitted will be accepted by the approving authority.
R.F. MacDonald 0. May 7,2012
In no event shall R.F. MacDonald Co. be liable to you or any person, corporation or other type of legal entity for
any special, direct, indirect, incidental, liquidated or consequential damage of any kind, including but not limited
to, loss of products, loss of time, loss of use, loss of production, loss of savings or revenues, cost of replacement
goods, labor costs or other charges in connection with product use or malfunction, the repair or replacement of
defective parts whether such claims are alleged in strict liability, negligence, tort, contract or otherwise and even
if R.F. MacDonald Co. is informed in advance of the possibility of such damages.
CLAIMS
You are responsible for inspecting merchandise on receipt and for filing claims with the carriers for damage or loss. All
claims for shortages and damages must be made in writing to the carriers within ten (10) days of receipt. We suggest
you call the carrier immediately upon noticing any possible freight related damage and arrange for inspection before
proceeding with unpacking. Photographs taken while the delivery truck is still on sight are recommended if possible.
Under no circumstances may you withhold payment or charge the Company for freight 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 agreed to in writing, in advance of the work being done, by an authorized manager of the
Company.
INFORMATION AND ASSISTANCE
If at any time you have a question on an invoice from the Company, a call or note to our accounting department
will bring prompt action toward getting the problem resolved.
If it becomes necessary, at R.F. MacDonald Co,'s discretion, to take legal action in order to collect your account, R.F.
MacDonald Co. shall be entitled to recover, in addition to any other recovery, its court costs, reasonable attorney's fees
and all other collection expenses.
If you have any questions regarding this policy, please contact our office.
We appreciate your business and look forward to providing you with reliable equipment, parts and service.
Please acknowledge below your receipt and agreement to the provisions of this policy statement.
Return the original to:
R.F. MacDonald Co.
1549 Cummins Dr.
Modesto, CA 95358
Phone: (209) 576-0726
Fax: (209)576-1312
APPLICABLE LAW: This agreement shall be governed by the substantive laws of the State of California
Acknowledged and Agreed To:
Company Name:
Signature:
Name/Title: _
Date:
8
RESOLUTION NO. 2012-72
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT WITH R.F. MACDONALD COMPANY FOR
BOILER CLEANINGAND INSPECTIONAT WHITE SLOUGH
WATER POLLUTION CONTROL FACILITY
WHEREAS, the City Manager executed a professional services agreement with
R.F. MacDonald Company, of Modesto, 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, and on May 2, 2012, City Council authorized Amendment No. 1, in the
amount of $11,495, for repair of a cracked Morrison tube that was discovered during the
re -tube work; and
WHEREAS, periodic inspection of the boilers is required in order to remain
compliant with permits issued by the San Joaquin County Air Pollution Control District,
and the inspection is now due; and
WHEREAS, staff recommends approval of Amendment No. 2 to the
R.F. MacDonald Company professional services agreement to perform the required
inspections, resulting in a net increase in contractvalue of $11,050.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve Amendment No. 2 to the Professional Services Agreement with
R.F. MacDonald Company, of Modesto, California, for boiler cleaning and inspection at
White Slough Water Pollution Control Facility, in the amount of $11,050; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Managerto execute Amendment No. 2 on behalf of the City of Lodi.
Dated: June 6, 2012
I hereby certify that Resolution No. 2012-72 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 6, 2012, by the following vote:
AYES: COUNCIL MEMBERS —Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
HL
City Clerk
2012-72