HomeMy WebLinkAboutAgenda Report - September 19, 2012 C-07AGENDA ITEM Col
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing the City Managerto Extend the Term of the Contract
with Mike Keller Consulting, LLC for Transmission and Distribution Services and
Appropriating Funds ($35,500)
MEETING DATE: September 19, 2012
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Managerto extend the term
of the contract with Mike Keller Consulting, LLC for transmission
and distribution services and appropriating funds in the amount of
$35,500.
BACKGROUND INFORMATION: On August 3, 2011 the City Council adopted a resolution authorizing
the City Managerto enter into a Professional Services Agreement
with Mike Keller Consulting, LLC for Transmission and Distribution
Services. The contractwas extended to August 31, 2012, as authorized by the City Council on February
15, 2012. Since various agencies are involved there have been challenges in scheduling meetings to
complete the scope of work, therefore additional time is still required to complete this work.
Staff anticipated this work to be completed in Fiscal Year 2011/12, therefore this projectwas not included
in the Fiscal Year 2012/13 Budget. Staff is now requesting a modification to the term of the contract until
the completion of the scope of work along with a budget appropriation. All other terms and conditions of
the agreement will remain the same.
FISCAL IMPACT: This project is the investigation of the cost and benefit of transmission
interconnection alternatives which may result in the mitigation of significant
transmission access charges.
FUNDING: Requested Appropriation:
Electric Utility Outlay Reserve Fund (161687): $35,500
An appropriation adjustment form is attached for the Electric Utility Outlay Reserve Fund No. 161687.
r-� anQi�-A64 .1�
Jor a yers
Deputy City Manager/Internal Services Director
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Eliz eth A. Kir ley
Electric Utility Director
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APPROVED:
�Koriiradt Bartlam, City Manager
CONTRACT AMENDMENT AGREEMENT
MIKE KELLER CONSULTING, LLC
THIS CONTRACT AMENDMENT made and effective this 19th day of September, 2012,
by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY, and
MIKE KELLER CONSULTING, LLC, hereinafter called "Contractor."
WITNESSETH:
1. CONTRACT: Contractor and City, entered into a contract for Mike Keller Consulting,
LLC, on October 5, 2011. On February 15, 2012 the contract term was extended to
August 31, 2012. Contractor and City now desire to extend the term of the contract but
not the total compensation.
2. TERM AND TERMS: The term of the Amended Contract shall be for the period required
to complete the scope of work as outlined in Exhibit A of the Professional Services
Agreement which commenced on February 29, 2012. All other terms and conditions will
remain as set forth in the Contract for Mike Keller Consulting, LLC, attached hereto as
Exhibit A and made a part hereof as though fully set forth herein.
3. This Amendment shall not increase the compensation called for in paragraph 3.1.
CITY OF LODI, a municipal corporation CONTRACTOR
KONRADT BARTLAM
City Manager
Attest:
RANDIJOHL
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
By:
5
MIKE KELLER CONSULTING, LLC
By:
Title:
CADocuments and Settings\mbecerra\Local SettingsWemporary Internet Files\OLKB\09-19-12 LK Extension Mike Keller
Consulting - Agreement.doc
EXHIBIT A M-7
AGREEMENT FOR PROFESSIONAL SERMCES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on �� 2011, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY'), and Mike Keller Consulting,
LLC (hereinafter"CONTRACTOR"),
Section 12 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope cE Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTORfor Transmission &
Distribution Services (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 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 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
1
counted against CONTRACTORs 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 23 Meetinas
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 24 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTORs
capabilities and on the qualifications of CONTRACTORs 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 personnei at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTORs project staff
priorto any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope cf 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, insuranceand approvals which may be imposed against
CITY under this Agreement.
Section 25 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 26 Term
The term of this Agreement commences on5 , 2011 and terminates
upon the completion of the Scope of Services or on February 28, 2012, whichever
occurs first,
`a
ARTICLE 3
COMPENSATION
Section 3.1 Comvensation
CONTRACTORs 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 additionalwork is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
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. CONTRACTORs 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 Audidno
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
relevantto a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTORfurther agrees to maintain such recordsfor a period of
three (3)years after final payment under this Agreement.
3
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section41 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 42 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with DisabilitiesAct (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuantto the ADA.
Section 4,3 Indemnification and Resoonsibiilty for Damace
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 negligenceof the City of Lodi or its officers or agents.
Section 4.4 No 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 responsiblefor 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 46 Insurance Reauirements 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 priorwritten consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 48 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 f sent by first class
or certified mail, postage prepaid, addressedto the respective parties as follows:
To CITY: C i of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Electric Utility Director
To CONTRACTOR: Mike Keller Consulting, LLC
1460Regalo Court
San Jose, CA 95128
Section 4,9 Cooperatlon of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevantto the Scope of Services.
Section 4.1 0 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be perfotmed under this
Agreement, it shall act as an independent contractorfor 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 accomplishmentthereof.
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.
5
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 CONTRACTORwith third parties in reliance upon this Agreement.
Section4.12 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 AQDIIcable Law, Jurisdiction. Severabililty, 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.
Section4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodl 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 Caations
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 Q' intent hereunder.
6
Section 4.16 Intearation 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 ContractTerms 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.
Section4.18 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
Section4.19 Ownership cf 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 underthis 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
Ilability resulting from CITY's use of such documents for any purpose other than the
purposefor which they were intended.
Section 420 Authori
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Fundino Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit apply to this contract. In the event cE a conflict between the terms of this
contract or any cf 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 of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
RANDI J K044 ADT BARTLAM, City Manager
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER, CityAttomey
JANICE D. MAGDICH, Deputy CityAttomey
B�
Attachments:
Exhibit A -Scope oeServlces
Exhibit B -Fee Proposal
Exhibit C - Insurance Requirements
Doc ID:
CAway.01.2011
8
CONTRACTOR: Mike Keller, LLC
By: —
Name: MIKE "ELLER
Title: President
t�ugt�' to 8
MIKE KELLER CONSULTING LLC
1460 REGALO COURT • SAN JOSE CA 95128 ' 408.559.6885
PROPOSAL 2011-03
Dated: July 18, 2011
To:
CITY OF LODI, CALIFORNIA
For
CONSULTING SERVICES
Supporting
City of lAdi'S Electric Department
In the
Project Development Efforts
for
TRANSMISSION COST CONTAINMENT
& DISTRIBUTION CAPACITY PLANNING
MIKE KELLER CONSULTING LLC
1460 REGALO COURT • SAN JOSE, CA 95128 • 408.559.6885
PROPOSAL 2011-03
OVERVIEW:
The Electric Department ("Department') of the City of Lodi, CA ("City") has conceptualized
altemativetransmission projects that would increase the interconnection capacity between their
electric distribution system and the adjacent transmission system. These transmission
interconnection modifications have the potential to also reduce transmission costs paid to the
C,alifornla Independent System Operator ("CAISO"). This project is currently referredto as the
Transmission Cost; Containment Project.
The Department has also developed a low cost strategy for modifying and reinforcing its
distribution system to meet native load growth for the near future, say 5 to 10 years. This
approach to serving new load would postpone construction of substation banks and fully utilize
its distribution assets. The annual work plans and construction efforts supporting this strategy
are referred to as the Distribution Capacity Program.
T* proposal is for Mike Keller Consulting, LLC ("Consultant') to provide support services to the
Department in:
• the investigation of the cost and benefits of transmission interconnection alternatives,
and the presentation of those findings to the Departmentfor decision making purposes.
• The development of the Distribution Capacity Strategy for the next 10 years and a
Distribution Capacity Work Plan for the next bo fiscal years.
OBJECTIVES:
The objective of work underthis proposal is for Consultantto:
I. Move the Transmission Cost Containment Projectthrough the feasibility phase to the
point where the Department has sufficient information to make informed choices whether
or not to proceed with the project and which alternative to pursue.
2, Develop Distribution Capacity Work Plan for FY 2011-12 and 2012-13 that will guide
the budgeting, detailed design, construction, and energization of the distribution facilities
necessaryto serve new load added in those same time -frames.
DELNERABLES:
Obiective#1 —Transmission Cost Containment Feasibilitv Report(s)
Consultantwill prepare a report containing available information and expert opinion for use by
the Department in selection of an alternativeto pursue and an approach to advancing the
project through the next phase of development,
Obiective #2 — Distribution Canaofty Work Plan for Summer 2012
Based on peak load reading from the summer of 2011 and forecast loads for the summer of
2012, ConsultantwM prepare a rqxt containing the steps the Department needs to make to
modify and reinforce its distribution system to meet those forecast loads.
Page 1 of 3
Objective #3 — Distribution Capacity Work Plan for Summer 201 :
Based on peak load reading from the summer of 2011 and forecast loads for the summer of
2013, Consultantwill preparea report containing the steps the Department needs to make to
modify and reinforceit's distribution system to meetthose forecast loads.
APPROACH:
C i and Consultantwill enter into a Professional Services Agreement for the performance of the
work by the Consultantto meetthe above objectives, Because scope and details of these
objectives are not underthe control of the Consultant, this is a time and materials proposalfor 6
months of work. For the purpose of establishing a schedule and budgetfor the contract work
the following budget has been developed. The budget is based on working 20 hours perweek
for 20 weeks during the six month term of the contract. The budget assumes that the
Consultant will work on site in Lodi. All expenses will be reimbursed based on Consultants Fee
Schedule for Calendar year 2011 even if some portion of the contract term extends in to
calendar year 2012.
WORK BUDGET:
r RX
5
Hourly Billed Work
$62,000
Travel Expenses (traveltime & mileage) 1 $10,150
Lodaino & Expenses I $6,000
PassThrouch Expenses $1,250
1 TOTAL BUDGET 1 879.400 1
FEE & PAYMENT TERMS
Consultant's'maximum not to exceed fee" for the consulting services is $79,400.
MKC will invoice the City monthly, on a time and material basis, for actual work performed
according to the attached Fee Schedule' Calendar Year 2011.
MKC will notify the City when invoiced amounts reach 80% of the Total Budget shown above.
CONCLUSION:
Consultant believes this proposalwill provide a timely and cost efficient means of completing
the stated objectives of the City of Lodi's Electric Department.
Fbnww., PAVOW 201103 R2 Lod! Support door
Page 2 of 3
MIKE KELLER CONSULTING LLC
1460 REGALO COURT • SAN JOSE, CA 95128 • 408.559.8885
FEE SCHEDULE - CALENDAR YEARS 2010 & 2011
HOURLY BILLING RATES:
♦ Principle Consultant $155.001hour
EXPENSES:
♦ Auto Mileage- — — $0.51/mile
For vehicle travel outside Santa Clara County; no mileage charges will be incurred for trips
inside Santa Clara County.
♦ Air Travel------------------ — — At Cost
♦ Meals and Incidental Expenses (in San Joaquin County, elsewhere at cost) X56/day
4 Lodging (in San Joaquin County, elsewhere at $80/day
• Sub -consulting and Sib-oo� At Cost plus 10%
Other Reimbursable Expenses — — -----------------At Cost
NOTES:
Forvehicle travel outside Santa Clara County one half the employees' hourly rate will be
charged from home portal to destination portal using Google Mapstravel time estimates.
Invoiceswill be sent at the beginning af'the calendar month for service provided and expenses
incurred the previous calendar month. Payment is expected within 30 days unless otherwise
providedfor in the contract.
References:
www,asa.aov/mileaae
www,asa aov/oerdiem
Page 3 of 3
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Insurance Reauirements for Contractor The Contractor shall take out and maintain duringthe I i e of this o- bact,
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
weU as from claims for properly damages, which may arise from Contractor's operations underthis contract, whether
such operations be by Contractor or by any subcontractoror by anyone directly or Indirectly employed by either of
them, and the amount of such Insuranceshall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Ea. Occurrence
$2,000,000 Aggregate
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily injury - Ea. Person
$1,000,000 Bodilylnjury - Ea. Occurrence
$1,000,000 Property Damage- Ea. Occurrence
3. PROFESSIONAL FRRORSAND OMISSIONS
Nat less than $1,000,000 per Claim. Certificate of insuranceonly required.
NOTE: Contractor agrees and stipulatesthat any insurance coverage provided to the City of Lodi shall provide fora
claims period following termination of coverage which Is at least consistent with the c ims period cr statutes of
limitationsfound in the California Tort Claims Act (California Govemment Code Section 810 et seq).
NOTE: (1) The street address of the CITY OF LOM 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 the Arolecf ftt it is insuring.
A Copy of the certificate oAnsurancewith the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Such insuranceas is afforded by this policy shall also applyto 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) Primarvinsurance Endorsement
Such Insurance as is affordedby the enclorsementfor the Additional Insuredsshall apply as primary insurance.
Any other insurance maintained by the City of Lodi or its offiwrs and employees shall be excess only and not
contributing with the insurance afforded by this endorsement.
(C) a clause
Thete+m "insured" isused severalty and notoollecttvety, butthe Inclusion hereinof more than one insuredshall
notoperateto increasethe limit of the company's liability,
(d) Notice of Cancellation r Change In Coverage Endorsement
This policy may not be canceled northe coverage reduced bythe companywkhout 30 days' pdorwritten notice
of such cancellation or reduction in o veracye to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
Comoeneatlon 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, ifany work is
sublet, Contractorshall requirethe subcontractor similarly to provide Worker's Compensation Insurancefor 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 underthls 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. This policy may not be crcdW nor the coverage reduced by the
companywithout 30 days' pdorwritten notice of such cancellation or reduction in coverageto the Risk Manager, City
of Lodi, 221 W. Pine St,, Lodi, CA 95244,
NOTE No contract agreementwill be signed nor will a_n work begin on a project until the proper insurance certificate
is received by the City,
CERTIFICATE OF LIABILITY INSURANCEDATE (AIWDW"
0811512012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Phone: (707) 459.6776 Fax: (707) 469-8072 cT Eclipse Marketing & Insurance Services
ECLIPSE MARKETING & INSURANCE SERVICES -- ___ ..._.. .... _
P O BOX 6480 svc Nn Eg);,... (707) 469-6776 (707) 489-8072
VACAVILLE CA 95696
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UMBRELLA UAB OCCUR
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Risk Mena ement INSURER(S) AFFORDING COVERAGE NAIC#
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NSURERA . Hartford Fire Ins. Co.InguWD---
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. WORKERS COMPENSATION ........
-MIKE
KELLER CONSULTING, LL
AUG 2 p 2012NSURERS
: t emini Ins. Co.
1460 REGALO COURT
` 7 YNSURERo
J.SURER
........ .... ..._.. _. ........ _ ... ___.
SAN JOSE CA 95128
t L DISEASE EA EMPLOYEE I$
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B .PrciessAonallirdHriy VCPL061609 08112112 08/12/13
'General Agg $1,000,000
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COVERAGES CERTIFICATE Mi3ER: 36§41
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCL I D CONDITIONF UCH POLICIES. MIT SHOWN MAY HAVE
BEEN DUCED BY P 1D CLAIM .
INSR , : ADM SUBR,
TYPE OF INSURANCE POLICY NUMBER
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M,li!OOIYYY
A GENERAL LIABILITY
X 84SBATY8075
08103/12 08103113 EACH OCCURRENCE $ 2,000,000
X (COMMERCIAL GENERAL LIABILITY
; DAidAr iok NTco _- _ _ ---___.•--
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(:LAIPdS-Iv1ADE.... X.. OCCUR
MEC. EXP {Any one parson) $ 10,000
X NiredNonOwned Auto Latiility
...... ...-_ . ....... __.. _ .............._
PERSONAL & AOV INJURY $ 2,000,000
:
....... _ .
GENERAL AGGREGATE is 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS COMPIOP AGG : $ 4,000,000
PRO.
PO ICY r_
LOC
-
_ --
$
i AUTOMOBILE LIABILITY
_ ..
... 1C iiED SINGLE LIMA
-
r (aooidel) $
+ANYAUTO I
'ALL OWNED CHEDULED
........ ..— - _.._ _. .. . _.._..
BODILY INJURY person) a $
_=AUTOS UTOS
i BODILY INJURY (Per accident) $
I ;HIREDAUT05 ON -OWNED
$
- --i AUTOS
..Per..... . ,4 -
... _ __.
$
._ ...... ....................... ..... ............ __....__..._.
UMBRELLA UAB OCCUR
_
EACH OCCURRENCE i $
ExCEss UAB CLAIMS -MADE,
_._ ..:
.... .......
AGGREGATE $
O€D .RETENTION $
_........ ................
- ..._ .......... .......
. WORKERS COMPENSATION ........
GTATW __ OTH
AND EMPLOYERS' LIABILITY
EK.- $
:ANY PROPRIET*WPARTNERIE%ECUTWE YIN °
- .....TURY .................. _._..._.
P.L. EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? I........
N f A
........ .... ..._.. _. ........ _ ... ___.
(Mandatory in NH}
t L DISEASE EA EMPLOYEE I$
If y",<naft antler :
_. ._.... ___. _.._.... _,... ._ _. ....__._...
...._ .. .._......
... - . _.S...C..._R_IPTONOF_.OPCRnnON_S__t.e__ lw _.-._.{
: E L. DISEASE -POLICY LIMIT
.... a
..... ........... ...:.._.........
B .PrciessAonallirdHriy VCPL061609 08112112 08/12/13
'General Agg $1,000,000
Each Claim $1,000,000
__.._. .. __.... .._._ . ......... .:.. _
DESCRIPTION OF OPERATIONS !LOCATIONS /VEHICLES (Attach ACORO t01, AM Remarks Schedule, H more space ie required)
City of Lodi, Its elected and appointed Boards, Commissions, Officers, Agents, Employees and Volunteers are named as additional
insureds per policy wording in attached form SS 00 08 04 05. Such Insurance as is afforded by the endorsement for the Additional
Insured's 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 coinsurance afforded by this endorsement.
City of Lodi
221 W. Pine St.
Lodi CA 95241
Attention:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
_ .... __ �...__._. ...
Ati71�t)R1iEil.....REPRESENTATNE......... ���✓�
Lacfv St John
ACORD 25 (2010/05) 0 1988-2070ACORD
The ACORD name and fogs are registered marks of ACORD
NUMBER. 84SBATY8075
COMMERCIAL GENERAL LIABILITY
CG 2010 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
! ''. ! ! !"
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Rlwal
Name Of Additional Insured Person(s)
Or Orpanization(s), I Location(s) Of Covered Operations
Any person or organization with whom the Named insured Where specified by written contract.
enters into a written contract that requires them to be
named as an Additional Insured and the contract is
executed prior to the start of the project,
information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section Il — Who Is An Insured is amended to
include as an additional insured the personfs) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) atthe location(s)
designated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1 Ail work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operationsfor a principal
as s part of the same project.
CG 20 10 07 04 0 ISO Properties, Inc., 2004 Paqe 1 of 1 0
PRODUCER
MATKOVICH INSURANCE SERVICES
715-C CAPITOLA AVENUE
CAPITOLA, GA 95010
831.475.8300
INSURED
MIKE KELLER CONSULTING LLC
1450REGALO COURT
SAN JOSE, CA 95126
COVERAGES
DATE (MM/DD/YYYY)
08/16/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COUERAGE AFFORDED BY THE POLICES BELOW.
INSURERS AFFORDING COVERAGE -im - -
I INSURERA FARMERS INSURANCE EXCHANGE
INSURERS
INSURER C:
4N&URERD
THE POLICIES OF INSURANCELISTED BELOW HAVE BEEN ISSUEDTO THE INSUREDNAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED
=REIN 15 SUBJECTTO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
AIMS.
__-- __ _
ILTR NSR
PD IVE
rDATE(MMPDONY)
NSROi F
TE(MMIDEDIY'Yl LIMITS
GENERAL LIABILfrY
EACHOCCURRENCE 1$
DAMAGEO RENTED
r
—.... COh-0MERCtALGENER9.LJ.lABILITY
��_..........
PREMISE.__(_aoccurence.) , $
(
J OCCUR
MED EXP (Any one person) $
PERSONAL&ADV INJURY 5
GENERALAGGREGATE S
GEN LAGG REGATE LIMITAPPLiES PER
PRODUCTS-COMP/OP AGG , $
1 POLICY ^ PE)LOC
V/ ;AUTOMOBILE LIABILITY
COMBINEDSINGLELII.d T S
4 >� I ANY AUTO
'^
(Ea accident)
ALLOWNEDAUTOS
BODILY INJURY $ 500,000
SCHEDULEDAUTOS
194570509
(Perperson) ;
03/21/2012 03/2112013 - --
HIREDAUTOS
BODILYINJURY $ 1 000 00(�
NON OWNEDAUTOS
(Peraccident)
-------
v
PROPERTYDAMAGE $ 100,000
(Peraccident)
` I GARAGE LIABILITY
AUTO ONLY EA ACCIDENT $
ANYAUT.
OTHER THAN _ EAAGC $
[
AUTO ONLY: AGG
` EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE $
OCCUR j j CLAIMS MADE
;_AGGREGATE............................................_I $ _........_.._..._....._____._..__.._
...
DEDUCTIBLE
f}._.
_ 1 $
RETENTION $
!$
WCSTATU- j IOTH-(
WORKERS COMPENSATIONAND
IAITS
_..TaRI,_LI= ER... .
EMPLOYERS'LIABILITY
I ANYPROPRIETORIPARrNER/EXECUTIVE
E L EACH ACCIDENT is
F nLCFASE EAEMPLOYEE $
1 SPECIAL PROVISIONS below
EL DISEASE- POLCYLIMIT 1 $
1 OTHER
)ESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES/ EXCLUSIONSADDED BY ENDORSEMENT [SPECIAL PROVIS NS
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2001/08) OACORD CORPORATION 1988
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF LORI
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
221 W. PINE ST
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
LODI, CA 95241
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTAT ES.
AUTHORIZED RE ESE IV
ACORD 25 (2001/08) OACORD CORPORATION 1988
1. AA#
2. JV#
$
NOW000,0 A Tj■�r',ENT RE TEST
t'.
TO: internal Services Dept. - Budget Division
3. FROM: Elizabeth Kirkley 15. DATE: 09-19-2012
4. DEPARTMENT/DIVISION: Electric Utility
7 i MIS-1s�O� t1i� .TI E � LII3i11V1 (G,PItO;f N� 1O i�1. u13 D1 1.1 Gt%RRENT 131f600
Fiease provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need mon; space, use an additional sheet and attach to this form.
This project is the investigation of the cost and benefit of transmission interconnection alternatives
which may result in the mitigation of significant transmission access charges. The contract
commenced in FY 2011-12 and will be completed in FY 2012-13. The total contract amount is
$79,400; approximately $35,500 is remaining.
If Council has authorized the appropriation adjustment, complete the following;
Meeting Date: 09-19-2012Z4eNo: Attach copy of resolution to this form.
Department Head Signature:
.':. r� .,,, �;.ti ai"4"a77oy�- § ♦ ' 'v�.i>x Y 1T' a 4 y, . r. 3 t .. _.a� e x exp -. �. _ �Ll-
Deputy � i . �. �!?-;T'.».,�i:'�Yd� •ew€::s, :.1... A`e �.x, `aZa x�a �.,»y..� fig.- k
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.
FUND #
BUS. UNIT # ACCOUNT #
ACCOUNT TITLE AMOUNT
A.
SOURCE OF
FINANCING
161
Fund Balance $35,500
B.
USE OF
FINANCING
161
161687 1825.2200
Transmission Line -WS Project $35,500
7 i MIS-1s�O� t1i� .TI E � LII3i11V1 (G,PItO;f N� 1O i�1. u13 D1 1.1 Gt%RRENT 131f600
Fiease provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need mon; space, use an additional sheet and attach to this form.
This project is the investigation of the cost and benefit of transmission interconnection alternatives
which may result in the mitigation of significant transmission access charges. The contract
commenced in FY 2011-12 and will be completed in FY 2012-13. The total contract amount is
$79,400; approximately $35,500 is remaining.
If Council has authorized the appropriation adjustment, complete the following;
Meeting Date: 09-19-2012Z4eNo: Attach copy of resolution to this form.
Department Head Signature:
.':. r� .,,, �;.ti ai"4"a77oy�- § ♦ ' 'v�.i>x Y 1T' a 4 y, . r. 3 t .. _.a� e x exp -. �. _ �Ll-
Deputy � i . �. �!?-;T'.».,�i:'�Yd� •ew€::s, :.1... A`e �.x, `aZa x�a �.,»y..� fig.- k
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.
RESOLUTION NO. 2012-146
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXTEND THE TERM OF THE CONTRACT WITH
MIKE KELLER CONSULTING, LLC FOR TRANSMISSION AND
DISTRIBUTION SERVICES AND APPROPRIATING FUNDS
WHEREAS, on August 3, 2011, the City Council adopted a resolution authorizing the City
Manager to enter into a Professional Services Agreement with Mike Keller Consulting, LLC for
transmission and distribution services; and
WHEREAS, the contract was extended to August 31, 2012, as authorized by the City Council on
February 15,2012; and
WHEREAS, since various agencies are involved, there have been challenges in scheduling
meetings to complete the scope of work, therefore additional time is still required to complete this work;
and
WHEREAS, staff anticipated this work to be completed in Fiscal Year 2011/12, therefore this
projectwas not included in the Fiscal Year 2012/13 Budget; and
WHEREAS, staff is now requesting a modification to the term of the contract until the completion
of the scope of work along with a budget appropriation; and
WHEREAS, all other terms and conditions of the agreementwill remain the same; and
WHEREAS, this project is the investigation of the cost and benefit of transmission interconnection
alternatives, which may result in the mitigation of significant transmission access charges; and
WHEREAS, the appropriation is in the amount of $35,500 for the Electric Utility Outlay Reserve
Fund Number 161687.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City
Manager to extend the term of the contract with Mike Keller Consulting, LLC for transmission and
distribution services; and
BE IT FURTHER RESOLVED that the City Council approves the appropriation of $35,500 from
the Electric Utility Outlay Reserve Fund for this amendment.
Dated: September 19, 2012
- --- ---- --- -
I hereby certify that Resolution No. 2012-146 was passed and adopted by the City Council of the
City of Lodi in a regular meeting held September 19, 2012, by the following vote:
AYES:
COUNCIL MEMBERS - Johnson, Katzakian, Nakanishi, and Mayor Mounce
NOES:
COUNCIL MEMBERS- None
ABSENT:
COUNCIL MEMBERS- Hansen
ABSTAI N:
COUNCIL MEMBERS- None
2C� JOHL
City Clerk
2012-146