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HomeMy WebLinkAboutAgenda Report - February 20, 2013 I-03AGENDA ITEM :r'o 3 c,CITY OF LODI a9 sr .PCOUNCIL COMMUNICATION TM �/FORS AGENDA TITLE: Consider Adopting Resolution Rejecting All Bids, Approving Plans and Specifications and Authorizing Re -Advertisement for Bids for Water Meter Program Phase 3 Project or Adopting Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 3 Project and Appropriating Funds ($3,108,760): A. Knife River Construction, of Stockton, for Construction ($2,842,760) B. Task Order No. 5 with RMC Water and Environment, of Walnut Creek, for Engineering Services ($36,000) C. Neil O. Anderson and Associates, of Lodi, for Construction Testing and Inspection Services ($300,000) MEETING DATE: February 20, 2013 PREPARED BY: Public Works Director RECOMMENDED ACTION: Consider adopting resolution rejecting all bids, approving plans and specifications and authorizing re -advertisement for bids for Water Meter Program Phase 3 or adopting resolution authorizing City Manager to execute agreements with the following entities for the Water Meter Program Phase 3 Project and appropriating funds in the amount of $3,108,760: A. Knife River Construction, of Stockton, for construction, in the amount of $2,842,760 B. Task Order No. 5 with RMC Water and Environment, of Walnut Creek, for engineering services, in the amount of $36,000 C. Neil O. Anderson and Associates, of Lodi, for construction testing and inspection services in the amount of $300,000 BACKGROUND INFORMATION: At the May 2, 2007 City Council meeting, the Water Meter Retrofit Policy was adopted. The primary objectives of the Water Meter Retrofit Policy were to accelerate the installation of residential water meters and shorten the time period during which customers would be paying for water on flat rate versus on usage. A. Construction Contract At the October 20, 2010 City Council meeting, a seven-year construction phasing was approved�and the property owner meter payment was capped at $300 per parcel. The project area for Phase 3 is presented in Attachment A and includes the installation of 1,465 meters and the replacement of 20,230 feet (3.8 miles) of water main. Plans and specifications for this project were approved on December 5, 2012. The City received the following six bids for this project on February 7, 2013. APPROVED: ftnradt-Bfrtlam, City Manager K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase =Reject PSA.doc 2/14/2013 Consider Adopting Resolution Rejecting All Bids, Approving Plans and Specifications and Authorizing Re -Advertisement for Bids for Water Meter Program Phase 3 Project or Adopting Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 3 Project and Appropriating Funds ($3,108,760): A. Knife River Construction, of Stockton, for Construction ($2,842,760) B. Task Order No. 5 with RMC Water and Environment, of Walnut Creek, for Engineering Services ($36,000) C. Neil 0. Anderson and Associates, of Lodi, for Construction Testing and Inspection Services ($300,000) February 20, 2013 Page 2 Bidder Location Bid Engineer's Estimate $3,576,060 Knife River Construction Stockton $2,842,760 Teichert Construction Davis $3,247,951 Vinciguerra Construction Jackson $3,407,635 Mozingo Construction Oakdale $4,769,280 Preston Pipelines Milpitas $3,640,000 Diede Construction Stockton $3,674,382 Teichert Construction submitted a formal bid protest regarding the lowest monetary bid, submitted by Knife River Construction. The formal bid protest is provided in Attachment B. The bid protest cites a miscalculation of the mobilization cost amounting to $7,855 and failure to provide a required operator licensing document. Although the bid deficiencies are minor, staff recommends adopting a resolution rejecting all bids, approving plans and specifications and authorizing re -advertisement for bids. Staff is confident that due to the bid differential of $405,191 between the first and second bid amounts, a lower bid than the second bid ($3,247,951) can be realized by re -bidding the project. The contract documents allow the City to reject all bids if it chooses. The schedule for re -bidding the project would bring the contract award action back to the City Council on March 20. Alternatively, the City Council could adopt a resolution authorizing the City Manager to execute agreements with Knife River Construction, RMC Water and Environment, and Neil O. Anderson and Associate as described below. B. Engineering Services During Construction Staff recommends RMC Water and Environment (RMC), of Walnut Creek, perform engineering services during construction. As the design engineer for this project, RMC is ideally suited to perform these duties. This is Task Order No. 5 (Attachment C) to the Master Professional Services Agreement and is a time -and -materials contract with a not -to -exceed maximum of $36,000. C. Construction Testing and Inspection Services Staff recommends Neil O. Anderson, of Lodi, perform construction testing and inspection services for this project. Neil O. Anderson will provide two inspectors who will work under the direction and supervision of the City Construction Project Manager to provide quality control inspection and documentation of the daily work activities to insure compliance with contract requirements. The number of inspectors may need to be adjusted dependent on the contractor's work schedule. The total contract amount is $300,000. Appropriation The total project appropriation is $3,708,760 and includes the contracts described above, Public Works Engineering staff costs and contingency, as summarized below. The requested appropriation is $3,108,760 due to an existing $600,000 appropriation in the budget for this project. A portion of the contingency funds will be used to expand asphalt replacement areas based upon experience from the first two phases of the water meter program. K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 3\CReject PSA.doc 2/14/2013 Consider Adopting Resolution Rejecting All Bids, Approving Plans and Specifications and Authorizing Re -Advertisement for Bids for Water Meter Program Phase 3 Project or Adopting Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 3 Project and Appropriating Funds ($3,108,760): A. Knife River Construction, of Stockton, for Construction ($2,842,760) B. Task Order No. 5 with RMC Water and Environment, of Walnut Creek, for Engineering Services ($36,000) C. Neil O. Anderson and Associates, of Lodi, for Construction Testing and Inspection Services ($300,000) February 20, 2013 Page 3 Budget Item Amount Construction Contract $2,842,760 National Meter Purchase $300,000 RMC Construction Management $36,000 Public Works Engineering $30,000 Total $3,208,760 Project Contingency $500,000 Project Total Budget $3,708,760 FISCAL IMPACT: Water main leak and service repairs will be reduced. No additional costs will be incurred for reading of the meters as they are automatically read concurrent with the reading of the electric meters. FUNDING AVAILABLE: Requested Appropriation: Water Capital Fund (181): $3,108,760 --- Jor'd'an Ayers Deputy City Manager/Internal Services Director F. Wally S delin Public Wor s Director FWS/GW/prof Attachments cc: Larry Parlin, Deputy Public Works Director Gary Wiman, Construction Project Manager Tony Valdivia, RMC Water and Environment Neil O. Anderson and Associates K:\WP\PROJECTS\WATERkMeters\Water Meter Program Phase =Reject PSA.doc 2/14/2013 Liter Prc A. .. 'IEICHERr . _. .. .A IL are~ lea February 12, 2013 VIA E -Mail, Fax and Mail Gary Wiman Project Manager City of Lodi — Public Works 221 W. Pine Street Lodi, CA 95240 Rand! Johl City Clerk 310 W. Elm Street Lodi, CA 95241 Re: Water Meter Program Phase 3 Bids Opened: February 7, 2013 Bid Protest of DSS Company dba Knife River Construction Bid Dear Gary Wiman: Attachment B Lincoln District 4401 Duluth Avo. Rocklin, CA 95765 P.O. Box 700 Uncoln; CA 95640-0700 (916) 645-4800 • FAX (916) 645-4801 Telchert Construction ("Teichert"), the second lowest monetary bidder- forth e above referenced project, hereby protests the bid of the lowest monetary bidder, DSS Company dba with the mandatory requirements for submitting a bid. The serious defects in KRC's bid are not the sort of minor irregularities that may be waived by the City of Lodi. Therefore, KRC's bid must be rejected as non-responsive, and Teichert is the lowest responsive and responsible bidder eligible for award. - Specification Section 2, Instructions to Bidders, for the above referenced project states as follows: Proposals may be refected if they show any alteration of form; additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. (Emphasis added.) PHntgd on recycled paper, State of Calitornld:Contract0r's License No, 8 1 Specification Section 2 further provides: Award or Rejection of Bids: The contract, if awarded, will be awarded to the lowest responsive responsible bidder based on the lowest total base bid received and in compliance with these instructions and the advertised Notice Inviting Bids ... (Emphasis added.) KRC failed to comply with these requirements in at least two ways.: r KRC'.s Bid is Non -Responsive, Since KRC Failed to Comply with Bidding Requirements Concerning Di Operator Licensing. Specification Section 02510, 3.3-M-1(Page 02510-8) contains the following requirement: "the Contractor shall have a California Department of Public Health Licensed D1 Drinking Water Distribution•System Operator present at the work site. Documentation of proper operator licensing Shall be Provided in tie Loat%ctors.bldRack a and shall be maintained on the job site at all times. . ." (Emphasis added.) KRC failed to comply with this requirement. The specifications specifically required KRC to include the documentation for D1 operator licensing in its bid package. KRC did not submit its D1 licensing. As a result, KRC's bid is incomplete, and must be rejected as being non- responsive. KRC's Bid is Non -Responsive, Since KRC Failed to Submit a Valid Bid Price for Bid Item No. 46. Specification Section 3 - Bid Forms (page 3-2), Bid Item No. 46, contains the following requirement: "Mobilization/Demobilization (Mobilization: Max 2.5% of total contract, nd2Mnhili7=t1nn• Min JdA of tntai rnntmr+l. In addition, Specification Section 01015, 1.6-D (Page 01015-15f provides as follows: Bid Item No. 46 —Mobil [ution/Demobilization Payment shall be made at the lump sum bid price named for Bid Item No. 46 and shall include all work associated with mobilization and demobilization. Mobilization shall be no greater than 2.5% of the total bid price and demobilization shall be no less than 2% of the total bid, price. (Emphasis added.) KRC failed to comply with each of the above requirements. KRC's total bid price is $2,842,760.10. Thus, the minimum 2% (required for Bid Item No. 46) of its total bid price is $56,855. KRC submitted $49,000 as its price for Bid Item No. 46. $49,000 is only 1.7% of KRC's total bid price,- and is less than the minimum 2% required by the bid form and specifications. As a result, KRC's bid is incomplete and irregular, and should be rejected as non-responsive. t 2 KRC's Failures To Comply with Bidding Requirements Are Not Defects That Can Be Waived California public policy strongly favors vigorous protection of the integrity of the public bidding process. In Konica Business Machines U.S.A., Inc. v. Regents of University of California, 206 Cal.App.3d 449, 456-457 (1988), the Court of Appeals commented on the importance of strictly following'the rules of the competitive bidding process, in spite of missed cost advantages for the taxpayers, even where actuaffavoritism, fraud, or corruption may not be present: "Because of the potential for abuse arising from deviations from strict adherence to standards which promote these public benefits, the letting of public contracts universally receives close judicial scrutiny and contracts awarded without strict compliance with bidding requirements will be set aside. This preventative approach is applied mon when it is certain there was in bct no corruption or adveLse effect u on the bidgling process and the deviations would save the entity money. [Citations omitted.] The importance of maintaining integrity in government and the ease with which policy goals underlying the requirement for open competitive bidding may be surreptitiously undercut, mandate strict compliance with bidd_'ing requirements." [Citation omitted.] (Emphasis added:) Under very limited circumstances, California law does permit an awarding authority to waive a so-called "minor irregularity" in a bid. However, the defects identified above cannot be fairly characterized as "minor irregularities" and, as a matter of law, cannot be waived by the City. California law is very clear that a minor irregularity can be waived only "if the variance cannot have affected the amount of the bid or given the bidder an advantage or benefit not allowed other bidders..." Konica Business Machines U.S.A., Inc. v. Regents of University of California, The defects in KRC's bid are not the type of bid defects that can be waived by the City. First, if KRC were to contend that it made a mistake in filling out its bid forms by failing to properly fill out or submit its bid package, KRC would have an unfair advantage because each of those defects in its bid constitutes a "mistake" within the meaning of California Public Contract Code section 5100 et seq. Under Public Contract Code section 5103, a bidder can obtain relief from its bid if "[a] mistake was made," the mistake made the bid "materially different than he or she intended it to be," and the mistake "was made in filling out the bid and not due to error in judgment or carelessness in inspecting the site of the work, or in reading the plans and specifications." As detailed above, KRC could argue it made a mistake regarding Bid Item No. 46 and D1 operator licensing documentation in submitting its bid for the City's project. These mistakes gave KRC an option not available to other bidders, i.e., an option to either seek award at its apparent bid price or to withdraw its bid on the grounds of mistake. The Court of Appeals' decision in Valley Crest Landscape v. City of Davis, 41 Cal.App.4th 1432 (1996) is directly on point with respect to this issue. In Valley Crest, the bidder's mistake was in 3 %." stating the percentages of work to be performed by its listed subcontracts. The Valley Crest court held: Misstating the correct percentage of work to be done by a subcontractor is in the nature of a typographical error. It makes the bid materially different and is a mistake in filling out the bid. As such, udder Public Contract Code section 5103, [the low bidder] could have sought relief -by giving the- County notice of the mistake within five days of the opening of the bid. That [the low bidder] did not seek such -relief is of no moment. The key point is that such relief was available. Thus, [the low bidder] had a benefit not available to the other bidders; it could have backed out. Its.mistake, therefore, could not be corrected by waiving an 'irregularity.' !d. at 1442. (Emphasis added.) KRC may argue•that the holding in Valley Crest is inapplicable because KRC has not actually submitted a claim of mistake to the City. However, as stated by the Court of Appeal, above, the rule requiring rejection applies whether or not the bidder has, in fact, claimed mistake and sought relief. Rather, "the key point is that such relief was available," which provided KRC with "a benefit not available to the other bidders ..." in other words, what really matters is that KRC "could have backed out." Since KRC could have backed out, "[i]ts mistake ... could not be corrected by waiving an 'irregularity."' To summarize, KRC submitted an incomplete and irregular bid; when first, it failed to submit the required D1 operator licensing documentation with its bid package, and secondly, it failed to provide a valid price for bid item no. 46,. respectfully requests that the City reject KRC's bid as non-responsive and award the contract to Teichert as the lowest responsive and responsible bidder. Sincerely, CU.'e'L A�_, Eric Stannard Estimating Manager eb Enclosures cc: Gary Johns (via e-mail) Jason Theriault (via e-mail) 4 Attachment C DRAFT City of Lodi Water Meter Program Task Order No. 5 Phase 3 Engineering Services During Construction Exhibit A - Detailed Scope of Work The City of Lodi (City) Water Meter Program (WMP) Phase 3 Meter Installation and Main Replacement Project consists of the construction/Installation of the following: • Approximately 20,010 lineal feet of water main to replace existing, undersized mains located in backyard easements. • Approximately 1,465 residential water meters and related water service improvements. This Scope of Work (SOW) for engineering services during construction (ESRC) associated with the City's WMP Phase 3 project Includes three tasks described below for the various work components and the responsible person(s), the applicable work phase and duration for the task, the dellverables, and assumptions used In developing the scope of work and associated level of effort included in the budget. The performance of this SOW by Consultant is for the sole benefit of the City and shall not be relied upon or used by any third party withoutthe express written consent of the City and Consultant. Basis for Scope and Fee: The basis for the scope and level of effort shown in the budget Is a construction contract duration of 210 calendar days (approximately 147 working days or 30 weeks), extending from March 2013 to October 2013. The scope and fee reflect limited site visits to attend progress meetings at the City's request and periodic Inspection of the contractor's performance. RMC will perform work only as requested by the City's Construction Manager (CM). Task i — Engineering Services During Construction (ESDC) Purpose: The Consultant shall provide engineering services during construction to review and respond to contractor submittals and City requested design related concerns, prepare record drawings, and to provide overall technical support to the City. The ESDC effort will be led by Jen Glynn (Project Engineer) and supported by the WMP Phase 3 design team of Mike Matson (Senior Reviewer), Tom Dugan and Victor Alaniz (CAD Production). Phase/Duration: Entire Contract Period; March - October 2013 Task 1.1— Submittal Review As requested by the City's CM, Consultant will review and process contractor submittals for compliance with the Contract Documents. Consultant will prepare written submittal review commenjs for each submittal and determine appropriate submittal action by the contractor. Assumptions: • The level of effort Is limited to the budgeted hours. It Is estimated that up to 10 submittals would be reviewed by Consultant. Dellverables: • Written submittal review comments and action recommendation (e.g. Make Corrections Noted) on City standard form. Phase 3 Engineering Services During Construction 1 DRAB Scope of Work January 18, 2013 City of Lodi Water Meter Program Task Order No. 5 Task 1.2 — Clarifications and RFI Responses Consultant will provide technical responses to contractor requests for information (RFIs), and prepare written Contract Document Clarifications (CDCs) to clarify requirements of the work, and provide technical support to resolve field issues and conflicts. Consultant will respond to RFls and clarification requests as needed or as directed by the City. Consultant may conduct site visits to gain an understanding of field issues if required. Assumptions: • The level of effort is limited to the budgeted hours. • Up to 20 RFIs have been assumed in establishing budgeted hours • Consultant will make up to 2 site visits to investigate field conditions Deliverables: • Written CDCs and RFI responses using standard RMC forms Task 1.3 — Record Drawings Consultant will prepare record drawings from the contractor's complete as -built WMP Phase 3 drawings. Assumptions: • The City will be responsible for reviewing the Contractor's as -built drawings monthly and preparing comments to the Contractors submitted as -built drawings. • Contractor as -built markups will be of sufficient content and quality for implementing into design CAD files Deliverables: • Hard Copy: One (1) full size vellum set of drawings • Electronic: One PDF file set of drawings and the specifications, and one set of AutoCAD files Task 2 — Field Documentation Support (Optional) Purpose: The Consultant will setup an MS Access database based on feedback from the City that would allow the City to record and track identified Phase 3 construction activities. The Phase 3 field database would be used by the City's CM to confirm monthly bid item pay quantities and become an asset management tool for the City for meter and mainline installation dates and records, existing service line and mainline conditions (e.g. material transition locations); linked GPS photos of valve locations and other information. Database development and support would be led by Tom Dugan. Phase/Duration: Entire Contract Period; March - November 2013 Task 2.1 — Field Construction Database Development and Support The Phase 3 field construction database will be developed from the 2010 field reconnaissance MS Access database and cross referenced to the APN and Address information shown on the Phase 3 plans. The Consultant will outline the contents of the Phase 3 construction database based on previous construction phases and present the outline to the City for comment. The Consultant will incorporate City comments and provide the City a final working copy for use by the City during Phase 3 Construction. The City will be responsible for data entry into the field construction database; the Consultant will provide database and troubleshooting support during the construction duration. Phase 3 Engineering Services During Construction 2 DRAFT Scope of Work January 18, 2013 City of Lodi Water Meter Program Task Order No. 5 Assumptions: • The City will provide comments to the P3 field construction database within a week of the consultant presenting the database outline. • The City will be responsible for comparing the P3 field construction database APN and service address to the City managed customer database and making any necessary adjustments to the Phase 3 field construction database. • Consultant will not be responsible for database coordination with National Meter. Task 3: Project Management Purpose: The Consultant will perform project management activities, including preparing monthly invoices and Task Order progress reports, coordinating with and reporting to City staff on project progress against the scope, budget and schedule; and managing subconsultant activities and progress. The Consultant shall also implement a quality assurance program for the project and conduct quality control reviews on work products. Assumptions: • Management activities over a 7 month construction duration Deliverables: • Monthly invoices and progress reports Phase 3 Engineering Services During Construction Scope of Work DRAFT January 18, 2013 City of Lodi Water Meter Program Task Order No. 5 RMC WATER AND ENVIRONMENT CITY OF LODI Michael H. Matson, Sr. Vice President Signature Date Printed Name Title Date ATTEST: RANDI JOHL City Clerk APPROVED AS TO FORM: D. STEPHEN SCHW ER City Attorney.:. Phase 3 Engineering Services During Construction 4 DRAFT Scope of Work January 18, 2013 RMC 'Na'er 3ntl t i, on n t City of Lodi - Water Meter Program Phase 3 Engineering Services During Construction Fee Estimate 1The bpWitlrul hourly raYYa b W`W affiry. overhead a Profit 2 SubcorwRards v be by al edam cost ph 1p . 3 NNW Rd tl'xe t cote ( W) �as reproduction. CNirery. rrMea9e (rales wi be (hose alovetl by ranerd IRS Yuke6�aa). and bevel evpenac. xiY be bikE al xAual mY pN» 1 Vb a RMC reaMVe6 Ya! gb atlJuY Ys hourly rale Wuqure and ODC rreMUP al Yie DepiniaiY oltlre dander Year br aY ongo4g wr0acic DRAFT 11152013 CITY OF LODI Water Meter Program Phase 3 Contract CONTRACT CITY OF LODI, CALIFORNIA THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," and KNIFE RIVER CONSTRUCTION, herein referred to as the "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: The complete Water Meter Program Phase 3 Meter Installation and Main Replacement Contract consists of the following documents which are incorporated herein by this reference, to -wit: Notice Inviting Bids Instruction to Bidders Bid Forms Contract Contract Bonds General Conditions General Requirements (Division 1) Technical Specifications (Division 2) Plans Addenda All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for in one and not mentioned in the other is to be executed the same as if mentioned in all said documents. ARTICLE I - That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City and under the condition expressed in the two bonds bearing even date with these presents and hereunto annexed, the Contractor agrees with the City, at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City the proposed improvements as shown and described in the Contract Documents which are hereby made a part of the Contract. ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide all materials and services not supplied by the City and to do the work according to the terms and conditions for the price herein, and hereby contracts to pay the same as set forth Clauses 65 and 66 of the General Conditions, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE III - The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing City of Lodi (Revised 12/20/12) Contract CITY OF LODI Water Meter Program Phase 3 Contract wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence . pay, apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements is on the prime contractor. ARTICLE IV - And the Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Contract Documents and the requirements of the Engineer under them, to -wit: Perform the work necessary to construct approximately 19,220 lineal feet of 8 -inch and 790 linear feet of 6 -inch replacement water main and approximately 1,465 water meter assemblies including construction of all or portions of services, and other incidental and related work, in accordance with Plans and Specifications for Water Meter Program Phase 3 — Meter Installation and Main Replacement. BID ITEMS City of Lodi (Revised 12/20/12) Contract 2 Item Qty Unit Unit Cost Total Cost Item Water Main Installation 1 Construction Notifications 1 LS $5,200.00 $5,200.00 2 Excavation Safety 1 LS $11,000.00 $11,000.00 3 Storm Water Pollution Prevention Plan, and Construction Site Monitoring and Reporting Plan 1 LS $17,000.00 $17,000.00 4 Traffic Control 1 LS $17,000.00 $17,000.00 5 Potholing 1 LS $26,000.00 $26,000.00 6 Install 8" Water Main 19,220 LF $44.50 $855,290.00 7 Install 6" Water Main 790 LF $44.00 $34,760.00. 8 Install 4" Water Main 245 LF $50.00 $12,250.00 9 Install 8" Ductile Iron Water Main 200 LF $54.00 $10,800.00 10 Install 6" Ductile Iron Water Main 100 LF $48.00 $4,800.00 11 Install 8" Water Valve 40 EA $1,350.00 $54,000.00 12 Install 6" Water Valve 50 EA $1,050.00 $52,500.00 13 Install 4" Water Valve 1 EA $1.000.00 $1,000.00 . 14 14" X 8" Hot Tap Connection 1 EA $2,400.00 $2,400.00 15 10" X 8" Hot Tap Connection 3 EA $2,100.00 $6,300.00 16 8" X 8" Hot Tap Connection 1 EA $-2-10-0- 0-0 0- -$2-,0- 0- 0.00 17 8" X 6" Hot Tap Connection 1 EA $1,800.00 $1,800.00 18 8" X 4"Hot Tap Connection 1 EA $1,700.00 $11700.00 19 6" X 6" Hot T6p Connection 12 EA $2,100.00 $25,200.00 20 Connect New Main to Existing Main, Cut -In 27 EA $2,300.00 $62,100.00 21 Cap and Abandon Existing Main Cut -In 50 EA $550.00 $27,500.00 22 Remove and Dispose of Asbestos Cement Pie 100 LF $150.00 $15,000.00 23 Install Fire Hydrant Assembly 8 EA $4,000.00 $32,000.00 24 Reset Existing Fire Hydrant Assembly 8 1 EA $2,500.00 $20,000.00 City of Lodi (Revised 12/20/12) Contract 2 CITY OF LODI Water Meter Proqram Phase 3 Contract Item Qty_Unit Unit Cost Total Cost 25 Install Blowoff 4 EA $1,800.00 $7 200.00 26 Remove and Reconstruct Asphalt Concrete Pavement on Elm Street 17,400 SF $3.20 $55,680.00 27 Replace Additional Asphalt Concrete Pavement 30,000 SF $2.75 $82,500.00 '�i ��:%'� .�. :'�.. ���� a,. • fix. �'�n'r��r.�-..I �': rd �i - - 28 Install Class A Meter Service 323 EA $70.00 $22,610.00 29 Install Class B Meter Service 61 EA $230.00 $14 030.00 30 Install Class C Meter Service 343 1 EA $640.00 $219,520.00 . 31 Install Class D Meter Service 270 EA $660.00 $178,200.00 32 Install Class E Meter Service 468 EA $1,640.00 $767,520.00 33 Install Large Water Meter— Class B, C and D Add On 1 EA $475.00 $475.00 34 Install Large Water Service and Meter — Class E 2 EA $2,350.00 $4,700.00 35 Replace Angle Meter Stop Valves 100 EA $120.00 $12,000.00. 36 Excavate Existing Corporation Stop and Isolate Service 30 EA $550.00 $16,500.00 37 Upgrade to Traffic Rated Water Meter Box 30 EA $70.00 $2,100.00. 38 Install Additional 1 -inch Service Line 1,000 LF $14.00 $14,000.00 39 Install 1.5 -inch Service Line 500 LF $14.50 $7,250.00 40 Install 2 -inch Service Line 500 LF $15.00 $7,500.00 41 Install Additional 1 -inch Water Service Tap 5 EA 530.00 $2,650.00 42 Install Additional 1.5 -inch Water Service Tap 5 EA $690.00 $3,450.00 43 Install Additional 2 -inch Water Service Tap 5 EA $775.00 $3,875.00 44 Abandon Additional Existing Service 5 1 EA $290.00 $1,450.00 45 Construct Concrete Surface Restoration 4,500 SF $7.50 $33 750.00 46 Mobilization / Demobilization (Mobilization: Max 2.5% of total contract, Demobilization: Min 2% of total contract) 1 LS $49,000.00 $49,000.00 47 Export/import Fill Material 100 CY $42.00 $4,200.00 48 All Other Items 1 LS $351000.00 $35,000.00 ARTICLE V - By, my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI - It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VII - The City is to furnish the necessary rights-of-way and easements and to establish lines and grades for the work as specified under the Technical Specifications. All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. City of Lodi (Revised 12/20/12) Contract 3 CITY OF LODI Water Meter Program Phase 3 Contract ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract on the date stipulated in the Notice to Proceed and to diligently prosecute to completion within 210 CALENDAR DAYS. This Agreement provides for liquidated damages in the amount of $5,000 per day for each day the work is not completed by the Contractor beyond the time specified in this Article. WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE CONTRACTOR AGREES TO PAY THE CITY LIQUIDATED DAMAGES AS SET FORTH ABOVE. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE CONTRACT. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: CITY OF LODI By: Konradt Bartlam City Manager By: Date: Title (CORPORATE SEAL) Attest: City Clerk Approved As To Form D. Stephen Schwabauer City Attorney (6�� City of Lodi (Revised 12/20/12) Contract 4 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2013, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and NEIL O. ANDERSON AND ASSOCIATES (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 field inspectors, technical support and special inspection services for the Water Meter Program Phase 3 Meter Installation and Main Replacement Project (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. 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 1 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless 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 March 1, 2013 and terminates upon the completion of the Scope of Services or on December 31, 2013, whichever occurs first. i'- 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. Time and materials not to exceed $300,000. 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 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. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) 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 Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts 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. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Wally Sandelin, Public Works Director To CONTRACTOR: Neil O. Anderson and Associates 902 Industrial Way Lodi, CA 95240 Attn: Larry Matthews, Prinicpal Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of 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. 0 Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable 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 4.14 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. 51 Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by 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 Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit apply to this contract. In the event of a conflict between the terms of this contract or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. 7 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: RANDIJOHL City Clerk CITY OF LODI, a municipal corporation KONRADT BARTLAM, City Manager APPROVED AS TO FORM: NEIL O. ANDERSON & ASSOCIATES D. STEPHEN SCHWABAUER, City Attorney JANICE D. MAGDICH, Deputy City Attorney M Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements FUNDING SOURCE: 181466.1825.2150 Doc ID: CA.rev.01.2011 8 By: _ Name: Title: EXHIBIT Water Meter Program Phase 3 Meter Installation and Main Replacement Project Neil O. Anderson and Associates Scone of Services Provide two (2) fulltime inspectors to assist and report to the Construction Project Manager for the Water Meter Program Phase 3 Meter Installation and Main Replacement Project. Inspectors shall be approved by the City and are expected to have prior experience in public works construction, engineering, surveying, or a related field. Inspectors shall not be changed except as requested or approved by the City. Duties Include: 1. Inspect and monitor public works construction and maintenance projects for conformance to codes, standards, specifications, and regulations. Reviews plans, conducts tests, and conducts field inspection. 2. Prepares and keeps up-to-date daily job status reports. 3. Confers with the Construction Manager on plans and specifications; discusses plans and field work with engineering technicians and field crews. 4. Confers with contractors, supervisors, foreman, workmen, and other private sector individuals. 5. Uses and calibrates the nuclear compaction gauge. 6. Other project related duties as requested by the City. Knowledge of - 1. £ 1. Construction materials, methods, equipment and techniques for basis public works projects. Specifically water utilities. 2. Basic construction materials testing methods and procedures. 3. Basic math. 4. Principles of construction administrations. Ability to: 1. Learn the principles, practices, and techniques of advanced public works inspection. 2. Read and interpret public works and architectural construction plans and specifications. 3. Inspect basic public works and related construction projects to determine compliance with approved plans and specifications. 4. Interpret City/State laws, rules, and regulations. 5. Maintain records and prepare accurate written reports. 6. Establish and maintain cooperative working relationships with the public, contractors, and city employees. 2/5/2013 January 10, 2013 Mr. Gary Wiman City of Lodi 221 W. Pine Street Lodi CA 95240 NEIL O. ANDERSON AN D ASSOCIATES Subject: Proposal for Testing & Observation Services City of Lodi Water Meter Program Phase 3 Various Location — Lodi, California EXHIBIT B GEOTECHNICAL ENGINEERING TESTING AND INSPECTION SERVICES CERTIFIED LABORATORIES ENVIRONMENTAL SERVICES FOUNDATION ENGINEERING AQUATIC DESIGN AND ENGINEERING RENEWABLE ENERGY RESOURCES Proposal No.: 5281 Dear Mr. Wiman: Thank you for the opportunity to submit the following rates to provide construction observation and testing services for the subject project. Additional services requested beyond what is specifically outlined will be billed per our attached standard fee schedule. Time will be charged in 2, 4, 6 and 8 hour increments with a 2 hour minimum for field inspections and observation and shall be billed from portal to portal. Weekends and holidays will be charged in 4 and 8 hour increments. We can begin services upon receipt of a purchase order or signature on our standard agreement. If you have questions, please call me at (209) 367-3701 or a -mail larry.mathewspnoanderson.com. Troy and I would be happy to meet at your convenience. Sincerely, Larry Mathews, Principal Marketing Director cc: Troy Schiess Lodi Sacramento • Concord Phone: 209.367.3701 • Fax: 209.333.8303 • www.noanderson com 902 Industrial Way. Lodi, CA 95240 0�d EXHIBIT B ,44NEILO. ANDERSON A N D ASSOC IATES GEOTECHNICAL ENVIRONMENTAL INSPECTIONS a TESTING LABORATORY SERVICES POOL ENGINEERING POST TENSION DESIGN Project Name: City of Lodi Water Meter Program - Phase 3 Construction T&I Pronosai Number: 5281 Service Rate Soils/AC Engineering Site Obs $170.00 /hour AC/Soil Inspector w/ Nuc Gauge $ 86.00 /hour Proctor Mod Effort 4 in D1557 $ 200.00 /each Proctor Mod Effort 6 in D1557 $ 220.00 /each CTM301 R Value $ 285.00 /each CTM206/C127 Sp Gry/AbsCrs Agg $140.00 /each CTM309 Max Theo SpG w/ Dry Bck $165.00 /each CTM382 Ignition Furnace Asphalt Content $160.00 /each CTM 382 Ignition Furnace Calibration (1 per new source) $ 400.00 /each 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925,609.6324 -4-0(—r '�- cvr-7/0 January 10, 2013 Mr. Gary Wiman City of Lodi 221 W. Pine Street Lodi CA 95240 NEIL O. ANDERSON AN D ASSOCIATES Subject: Proposal for Testing & Observation Services City of Lodi Water — Public Works Contract Inspection Various Location — Lodi, California EXHIBIT B GEOTECHNICAL ENGINEERING TESTING AND INSPECTION SERVICES CERTIFIED LABORATORIES ENVIRONMENTAL SERVICES FOUNDATION ENGINEERING AQUATIC DESIGN AND ENGINEERING RENEWABLE ENERGY RESOURCES Proposal No.: 5282 Dear Mr. Wiman: Thank you for the opportunity to submit the following rates and resumes to provide contract inspection services for the subject project. Additional services requested beyond what is specifically outlined will be billed per our attached standard fee schedule. Time will be billed from portal to portal. Weekends and holidays will be charged in 4 and 8 hour increments. We can begin services upon receipt of a purchase order or signature on our standard agreement. If you have questions, please call me at (209) 367-3701 or a -mail larry mathews(anoanderson.com. Troy and I would be happy to meet at your convenience. Sincerely, Larry Mathews, Principal Marketing Director cc: Troy Schiess Lodi Sacramento • Concord Phone: 209.367.3701 • Fax: 209.333.8303 - wwrIoanderso 902 Industrial Way, Lodi, CA 95240 '� or /o ,A4 NEIL O. ANDERSON AN D ASSOCIATES I GEOTECHNICAL ENVIRONMENTAL i INSPECTIONS I TESTING LABORATORY SERVICES POOL ENGINEERING POST TENSION DESIGN Project Name: City of Lodi - Public Works Contract Inspection npv%�ftl Niimhor. 100St7 *Overtime & double time will be billed per California labor law. 902 Industrial way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 EXHIBIT B Rate Lead . Project Inspector - Regular Time - 8 hour shift $ 751.20 /shift Lead Project Inspector - Time & 1/2 add: $ 123.90 /hour !read. Project Inspector - Double Time add: $ 153.90 /hour Construction Project Inspector - Regular Time - 8 hour shift $ 724.00 /shift Construction Project Inspector - Time & 1/2 add: $ 120.50 /hour Construction Proect I . - F)bie:Ti1I add: 150.50 hour *Overtime & double time will be billed per California labor law. 902 Industrial way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 EXHIBIT B NEIL O. ANDERSON AND AS SOCIATES 2013 SCHEDULE OF FEES (FOR CUSTOMER REF ONLY) EXHIBIT B GEOTECHNICAL ENVIRONMENTAL INSPECTIONS a TESTING LABORATORY SERVICES POOL ENGINEERING POST TENSION DESIGN ENGIN1EERING SERVICES Senior Ptlnci i En [neer 195.001 r Prindpal Emineer/Geologlist 175.00 r Senlor Engineer I Geolo ist I Scientist 160.001hr Pro ect En ineer I GeokgW Scientist 150.00 hr Staff En lneer Geologist Scientist —130.Wlhr Expert Consulting 230.00 hr Expert T mon 460.00 r As alk Concrete Consult[ 145.00 hr 1XInspector ngMasonry, GDnaete, ctural Steel, Post Tension, Fid; roafln . 82.001hr Sails In sector with Nuclear Gauge 86.00/hr Certified Field/Shop Welding Inspector AWS/CWI 95.00 r DSA Mason .Y Inspector 95.00/hr G4D Designer 95.001hr CAD Drafter 80.00 r .Accountant 95.004r Administrative Assistant 60.04 hr E.XKORATION Geoftsicall.. Selsmlc Refraction ID -3D, Seismic Source DAQllnk III+ 24 Channel Aaqulsidon System,. 2 man crew 275.001h Multi -Channel Analysis of Surface Waves ID -3D, Seismic Source DAQlink III, 24 Channel Acquisition System, 2 man crew 275,00 hr Ground Penetrating Radar, special antennas may warrant additional charge 225.00 hr In-situ Sol] ResistivU Tesbn Mini -res tester 170.001hr Post Processing and AnalysLs 160.001hr In : n and Sam fin AMS and Simco tra s 2 crew I 243.00 rn and Sampling Simco 2400 Mobile M OR rig, Minute Man, 2 person crew 225.00 hr Drilling and Sampling CME75 Auger 283.00 r DrUng and Sampling (CM l75 Mud Rotary vv desan er 325.00/he Drilling and Sampling CME75 Rock Cori Reguest Quote Boreho a Groutin 283.00 r Hand -Auger Soil Sample (1 -person Crew 140.00 hr Corin E ui ment plus Operator, quote will be given upon request for second operator) 145.00 h Coring Trailer includes operator) 165.00/hr Bit Char es er 6" max core length, 4" max core dlarnety 34.00.ea SuggZTnick not Includina milea a 500 gallon water tanit 450• 2"x6" Stainless -Steel Tubes and Caps, recVrIed 10.00 eac Permittina Fees Cost +70% Bailers (disposable) 10.00 ea Sam ii 5 fes loves water roe etc. 25. a Photo-lonization Detector PIP 125 00 a 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50. Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 Updated: 1/1/2013 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 af/ o EXHIBIT B GEOTECHNICAL NEIL O. ANDERSON ENVIRONMENTAL AND",44 AS SOCIATES INSPECTIONS a TESTING LABORATORY SERVICES POOL ENGINEERING POST TENSION DESIGN (Nater Level Indicator 30.00/da h ConductlyltffTemp Meter 50.00 + a Cilissolyed gMen Meter 50.00 da Steam Cleaner 100.001day Cement Pump and Mixer 100.00/ Drums 75.00 ea Supplies Cost + 20,110 Laborato Anal sis Cast + 20% GEOTECHNICAL SOILS AND AGGREGATES LADORA Tf7RY AGGREGATES SdajUrn or Magnesium Sulphate Soundness ASTM C88 Fine or Coarse5. " r sieve size 350.00/ea Injurious Organic Matter fine aggregate) ASTM C40 75.00 ea Un t We ht (aqriregaM ASTM C29 80.00 ea Sand E lvalent Test CTM 217 155.00 ea Spedffc MaW. Fine ASTM C129 and Coarse ASTM 01277 80.00 ea AbsorpUbn Test Fine or Coarse 70.00/ea Spettit Graytty, Rne C128 140,00 ea SegSlftc GraM, Coarse C127 140.00.ea Las Angeles Rattler Test 500 revolutions ASTM 0131 675.00 ea Cleanness.Value Coarse Agorwate CTM 227 200.0E ea &#nM1naLax., fine Aggregate CTM 229 and Coarse Ngregate CTM 229 16500 ea Peroent Crushed Particles C142 165.00 ea Cal Trans Class II Aggregate Base Conformance Test R -Value, Gradation, SE, Durability 695.00 ea SOMV Atterbern Limit CTf4204 125 D4318 125.00 ea Permeabili Falli Head 280.00/ea cMc Gravity determination ASTM D854 80.00 ea SDecffic Gra)k Coarse Agg C127 140.00 ea 5 flc Gravity Flne Agg C128 140.001.0a Combined Grading warse Mine) CTM ASTM 0136 242 140.00 ea Grath Ana sls fine with wash ASTM 0136 115.00 ea Grading Ana sty %, minus #200 ASTM 0112 80.00'ea Hydrometer Analysis ASTM D422 230.00/0 4gWm1►Av& l) Dens/ O timum No/sture ContentD 111na90n 4" mold AASHTO 1199 ASTM D698 220.00 ea 6' mold AASH TO T99 ASTM D698 230.00 ea 4" mold AASFiTO TIS. ASTM D1557 220.00 ea V' mold AASHTO T180 ASTM D1557 230.00 ea California Wto Wet CTM 216 230• CTM 301 R -Value llribwted Samples) •.. ea Cement Stabliixed Samples CTM 301 325.00 ea Lime -Stabilized Samples CTM 301 325,0E ea H Test 125.00 ea pK-Ume Determination Test 175.0,0/ea PiesistNty and pH Test CTM 643 485.04 ea 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 Updated: 1/1/2013 5051 Commercial Cir, Unit 8, Concord CA 94520 P:925.609.7224 F:925.609.6324 6 0ij-'/0 EXHIBIT B GEOTECHNICAL NEIL O. ANDERSON ENVIRONMENTAL '-44 AN D ASSOCIATES INSPECTIONS a TESTING LABORATORY SERVICES POOL ENGINEERING POST TENSION DESIGN Swelf Test (Expansion Index UBC 18-2 230.00 ea Compressive Strength of Lime -Treated Specimens CTM 373 Compressive Strength of Cement Treated 5 Limens ASTM D1632 and ASTM D1633 Perwrit Lime Design, based on compressive strength [Indudes R -value, pH Lime Determination and Unconfined Compressive Strew 300.00 ea 1200.00 ea Unconflned Compression Test 120.00]ea DirectS?Wr Teat., Unoonsoll — Undrained 140.00 oint Consolidate — Undralned 165.00] int Consolidated — Drained 185.00/point 7hiWamormft Tag Unconsolidated Undrained Triax D2850 185.00/point Conso idated Undralned Triax D4767 Reguest Quote ConsolOated — Drained Request Quote Consolidated — Undralned with Pore Pressure Measurements Request Quote, ansoftew Swell Only 200.00 iE2 Consolidation without Time Rate 340.00 ea Cons Illation with Tlme Rate eryaad increment (iiddtdonal cha a 120.E ASPHALT CONCRETE :gate of iia AspW COWW+e Nk C`rM 202 Sieve Course Agg 60.00/ea CTM 202 Sieve Hne 85.00 ea CTM 242 Sieve a AC 110.00 ea CTM 204 PlastidLy Index 125.00 ea CTM 205 Determining % Crush Particles 200• ea CTM 206 Bulk S G & Absor Coarse 8M 70,00 ea CTM 207 Bulk S G (SDD) Fine Agg. 90.00/ea CTM 21.1 LA Rattler Request Quote CTM 214/C88 Sodium Suftte Soundness(per sieve 120.00 ea CTM 217'D2419 Sand Equivalent 120.00 ea CTM 227 Cleanness Coarse Am 150.00 ea CTM 229 Durability Index 165.00 ea CTM 303 KC & Kf 150,00/L48 CTM 304 AC Sample Pre ration 100:00 ea CTM 304 with Lime Treat i25.40 ea CTM 308 Bulk Spec Grav Bit Mix 50.00 ea CTM 304 Theb Spec Grav Bit Mix 165.00/ea CTM 366/D1560 Sta iometer V ue .Set of 3 CTM 371 Tensile strenqth Ratio Lab Mix .3117..00 ea x800,00 ea CTM 371 Tensile Strenqth Ratio Field Mix 1400.0` ea CTM 382 1ninon Oven Asphalt Content 160-00/ea CTM 382 Ignition Furnace Calibration 400.00/ea LP -1 Theo Max 5 G Mix with Dif AC Coat 150.00 ea LP -2 Bulk Spg-Aqq Blend LP=3 Voids Filled with Asphalt 100.00 ea 50.00 ea LP -4 Dust Proportion LP -10 Sam q and Testing CRN[ 50.00 ea 175.00,ea 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 Updated: 1/1/2013 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 -4-of'7" Of'—% "04 NEIL O. ANDERSON A N D A S S O C I A T E S EXHIBIT B GEOTECHNICAL ENVIRONMENTAL INSPECTIONS a TESTING LABORATORY. SERVICES POOL ENGINEERING POST TENSION DESIGN AASKT0 T304 Fine Angularity 200.00 ea ASTM D4791 f=lat and Elongated Particles 200.00/ea Martell MJx: Mix Design Re uest note ASTM D1559 Stabili & Flow 110.00/ea ASTM D1075 Immersion & Compression Retained Strength 110.00 .ea ASPM D2726 Unit Weight 60,00 ea ASTM D2172 ExUadion 200.00 ea ASTM D2172 Extraction with Gra ation 275.06 ea ASTM D2041 D2172 Maximum lice Specific 2M . of Bituminous Mixtures 150.00 ea CONCRETE 72VffA7r-4L Concrete Mbc Des! n .Review 200.00 ea Additional Concrete Mix Design(using same materialsi 150.001ea Concrete Mix Des n wish Trial Batch & Cancreie i r Cam ression Tests Request uote Floor Flatness lqgft 135.00 hr Floor Flatness Report I 450.00 ea Unit We ht Flrao 50.00.ea AMORA7"ORY Com ression Test Concrete Cylinders 26.00.ea Flexural Strength, Concrete Beams 6"x6"x24 ASTM C78 125.00/ea linder Molds 6"x12 722L2 Cement Content of Hardened Portland Cement Concrete ASTM C85 Request Quote Shrink Bar Testing 3 bars per _ . ASTM C157 420.00 set Cam ression Tests on Core Specimens includes a ASTM C42 80.D0'ea Calcium Chloride Mo store Test Kit (Includes calculations 80.00/ea MASONRY BRICI[ $LOCK TILE Compression Tests on Core Specimens includes re ASTM C42 80.00'ea Shear Tests Masonry Core 145.00 `ea OMEMEbz Test.' Compression Test Grout Molds Z6.OD ea Compression Test Mortar linder 26.00 m Com ression 2"x4" Cylinder Molds 8.00 lea Cam resstorY Masonry Prism 2 f3T mortared i routed 175.00 ea ClzxreW Masonry UY Compression Test Mason Unit 8"x8"x16" 175.00 ea MaM Absorption Tests ASTM C140 105.0p ea Masonry S rin a(Volume a e 175.00d .ea Masan Lineal StigLk2ge with 260.00 ea Mason Shrinkage with AbsorpWn and Compression 375.00 ea S'T'EEL AWS ASTM ASMI: ANSI API NON-DES7RUC77VE 7ES771V& High Stren th Solt SB Testing 130.00 r Boit Pull/Load Pull/Loadiqggn,i3D.00l r Rebar Pull Testing 130.00.hr Gelflng Wire Pall Te!gng 130.00/hr NDT GPR 160.00 r Pachometer 1 in nn1hrl 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928A690 F:916.928.4697 Updated: 1/112013 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 Sef'l' EXHIBIT B GEOTECHNICAL NEIL O. ANDERSON ENVIRONMENTAL '044 AN D ASSOCIATES INSPECTIONS a TESTING LABORATORY SERVICES POOL ENGINEERING POST TENSION DESIGN 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 Updated: 1/1/2013 5051 Commercial Cir, Unit B. Concord CA 94520 P:925.609.7224 F:925.609.6324 EXHIBIT C Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this contract, insurance coverage as listed below_ These insurance policies shall protect the Contractor and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this contract, whether such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: COMPREHENSIVE GENERAL LIABILITY $1,000,000 Ea. Occurrence $2,000,000 Aggregate COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Bodily Injury - Ea. Person $1,000,000 Bodily Injury - Ea. Occurrence $1,000,000 Property Damage - 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 description of therp oject that it is insuring. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds. (This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies.) (b) Primary Insurance Endorsement Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. (c) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (d) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. 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. A Waiver of Subrogation against the City of Lodi is required. NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the City. 1. AA# JV# R Q� E 7iFAD • E _ 14 FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A, SOURCE OF FINANCING 181 3205 Fund Balance $ 3 108 760.00 B. USE OF FINANCING 181 181466 1825.2250 'Water Meter Pro ram - Phase 3 $ 3,108,760.00 Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2013-24 A RESOLUTION OF THE LODI CITY COUNCIL REJECTING ALL BIDS AND AUTHORIZING RE -ADVERTISEMENT FOR BIDS FOR THE WATER METER PROGRAM PHASE 3 PROJECT WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were received and publicly opened on February 7, 2013, at 11:00 a.m., for Water Meter Program Phase 3, described in the plans and specifications therefore approved by the City Council on December 5, 2012; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows: Bidder Bid Knife River Construction $2,842,760 Teichert Construction $3,247,951 Vinciguerra Construction $3,407,635 Mozingo Construction $4,769,280 Preston Pipelines $3,640,000 Diede Construction $3,674,382 WHEREAS, staff recommends that the City Council reject all bids and authorize re -advertisement for bids to resolve a debatable bid protest. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject all bids and authorize re -advertisement for bids for the Water Meter Program Phase 3. Dated: February 20, 2013 I hereby certify that Resolution No. 2013-24 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 20, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None RANDIJOHL City Clerk 2013-24 CITY COUNCIL ALAN NAKANISHI, Mayor PHIL KATZAKIAN, Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE L. MOUNCE CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www.lodi.gov February 14, 2013 KONRADT BARTLAM City Manager RANDIJOHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director RMC Water and Environment Neil O. Anderson and Associates Tony Valdivia Larry Matthews, Principal 2001 N. Main Street, Ste. 400 902 Industrial Way Walnut Creek, CA 94596 Lodi, CA 95240 Teichert Construction Knife River Construction P.O. Box 700 655 W. Clay Street Lincoln, CA 95648-0700 Stockton, CA 95206-1722 SUBJECT: Consider Adopting Resolution Rejecting All Bids, Approving Plans and Specifications and Authorizing Re -Advertisement for Bids for Water Meter Program Phase 3 Project or Adopting Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 3 Project and Appropriating Funds ($3,108,760): Knife River Construction, of Stockton, for Construction ($2,842,760); Task Order No. 5 with RMC Water and Environment, of Walnut Creek, for Engineering Services ($36,000); and Neil O. Anderson and Associates, of Lodi, for Construction Testing and Inspection Services ($300,000) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, February 20, 2013. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Randi Johl, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call me at (209) 333-6706. nn F. Wally Sandelin 4:01r_ . Public Works Director FWS/pmf Enclosure cc: City Clerk NCREJECT PSA.DOC