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HomeMy WebLinkAboutAgenda Report - May 1, 2013 C-12AGENDA ITEM CP*# 1 L ,ICITY OF LODI ♦ ° O V , . O� COUNCIL COMMUNICATION q<IFOF� TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement for Band Screen Chain and Side Seal Tracking and Field Services for the White Slough Water Pollution Control Facility with Sole Source JWC Environmental, of Costa Mesa ($60,880) MEETING DATE: PREPARED BY: May 1, 2013 Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute professional services agreement for band screen chain and side seal tracking and field services for the White Slough Water Pollution Control Facility with sole source JWC Environmental, of Costa Mesa, in the amount of $60,880. BACKGROUND INFORMATION: The band screens were installed at the White Slough Water Pollution Control Facility in 2007 and are used to remove rags and debris entering the plant to protect downstream equipment and processes. Soon after startup, failure occurred and repairs were required to be performed by the manufacturer under the equipment warranty. The manufacturer extended the equipment warranty for a five-year period because of the initial failure. The manufacturer's extended warranty has expired and cost of repairs and maintenance are now the responsibility of the City. Currently, one of the two band screens remains out of service and needs repair to properly operate. JWC Environmental is the sole source manufacturer for this equipment. JWC Environmental staff will assist City staff making the necessary repairs and has agreed to replace damaged screen panel frames, bottom guide assemblies, spray wash system, drive components, and cover latches and gaskets, at no additional cost to the City. Per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City. Staff recommends executing a professional services agreement with JWC Environmental for the band screen chain and side seal tracking and field services. FISCAL IMPACT: If the band screens are not repaired, screening could be inadequate resulting in discharge permit violation and additional costs. FUNDING AVAILABLE: Funds are available in Wastewater Utility Fund — Plant Maintenance (170403). Jordan Ayers Deputy City Manager/Internal Lirvices Director 36 ) tv U, jl� I Alk F. Wally S delin Public Works Director Prepared by Larry Parlin, Deputy Public Works Director— Utilities cc: Karen Honer, Wastewater Plant Superintendent I w • • 60:4 K:\WM000NCIU2013\13and Screen.doc radt Bartlam, City Manager 4/3/2013 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 12013, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and JWC ENVIRONMENTAL (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 Band Screen Chain and Side Seal Tracking and Field Services for the White Slough Water Pollution Control Facility (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in 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 July 1, 2013 and terminates upon the completion of the Scope of Services or on September 1, 2013, whichever occurs first. z ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method 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. 4 Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Larry Parlin, Deputy PW Director - Utilities To CONTRACTOR: JWC Environmental 290 Paularino Avenue Costa Mesa, CA 92626 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. 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 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. T 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: CONTRACTOR:JWC Environmental D. STEPHEN SCHWABAUER, City Attorney JANICE D. MAGDICH, Deputy City Attorney in 10--1 Attachments: _. Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Funding Source:170403 (Business Unit & Account No.) Doc ID:WP\Projects\PSAs\JWCEnvironmental CA:rev.01.2012 8 By: _ Name: Title: A/B Ilh Global Headquarters Exhibit jn,& 290 Paularino Avenue Costa Mesa, CA 92626 USA EnvxoamienW phone (949) 833-3888 toll-free (800) 331-2277 Trust Monster Quality' fax (949) 833-8858 jwce@jwce.com March 22, 2013 City of Lodi WWTP 12751 North Thornton Road Lodi, CA 95242-3995 Attention: Mr. Ken Capitanich - Chief Wastewater Plant Operator Reference: JWC Band Screens - Our Sales Order #103942 Dear Ken, Pursuant to a meeting between Larry Parlin, and David Ban and Mike Tooley from Misco, JWCE's representative, we offer you this revised proposal to repair the Band Screens. Listed below is a summary in greater detail of what is to be provided by the City of Lodi, and JWC Environmental. JWC Environmental to Provide: 1. Replace damaged cover latches: $ 1,600.00 2. Replace damaged cover gaskets: $ 193.00 3. Replace all SS panel frames: $71,401.00 We recommend the replacement of all the 316SS frames that hold the perforated UHMWPE screen panels because many of the frames are damaged beyond repair on both screens. Jason and I used what we could from Screen #I in order to get Screen #2 operable. Consequently, Screen #1 is missing many of the frames. A broken frame will catch on the internal screen components, and damage the screen (refer to item #2 in the attached Screen and Chain Panel drawing). 4. Replace the bottom guide assemblies: $ 1,610.00 5. Replace the spray wash systems: $17,020.00 We redesigned and relocated the spray bar to the side of the screen panels. The water now hits the panels at a perpendicular angle for better cleaning of the panel. We also added new deflector plates inside the screen to keep screenings and water in the sluice. This design reduces the amount of water that can leak out from where the drive shaft assembly penetrates the side frame (refer to the clouded details on the attached Lodi Redesign 1 drawing). With this design the 45 psi water pressure may be adequate without a booster pump. 6. Replace damaged drive components: $25,985.00 The design of the drive has not changed. We will replace only those drive components that are worn or damaged, and not the entire drive assembly. This will likely consist of drive shafts, bearings, sprockets and the external chain adjustment plates. The motors and reducers should be reusable. www.jwce.com Global Headquarters �'. 290 Paularino Avenue Costa Mesa, CA 92626 USA Environmentalo phone (949)833-3888 toll-free (800) 331-2277 Trust Monster Quality' fax (949) 833-8858 jwce@jwce.com City of Lodi to Provide or Purchase: 1. Purchase new chain: $26,053.00 2. Purchase new UHMWPE side seal tracking: $21,227.00 Pricing has increased slightly because the previous 1-31-13 packaged proposal JWC offered has been deemed unworkable by the City of Lodi. Therefore, we need to ask the City to accept a marginal price increase to offset our labor and material costs for these components. 3. Purchase onsite field service at $1,700.00/Service Technician/Day (includes travel and per diem; two Service Technicians will be required for approximately 8-10 days). We are asking the City of Lodi to purchase field services because the 1-31-13 package originally proposed by JWC has been deemed unworkable. Without the purchase of the 3rd band screen, JWC is unable to fully absorb the labor costs to rebuild the screens. Due to the nature of the onsite work, the City of Lodi personnel do may not have the necessary knowledge and experience to do this work themselves. 4. Provide 1-2 plant maintenance personnel to assist, and any equipment necessary for the repairs. We urgently recommend that a decision on how we are to proceed should be made sooner, rather than later. Band Screen #2 cannot continue to operate much longer without repairs. The lead time to order, fabricate and deliver the required repair components is 4-6 weeks. The estimated on-site repair time is approximately 2 weeks. If it helps expedite the ordering process, we can begin with a Letter of Intent, followed by a purchase agreement before we begin onsite repairs. JWC Environmental remains committed to supporting the City of Lodi to insure the Band Screens provide reliable performance throughout the service life of the equipment. If you have any questions regarding this proposal, please contact me at 714-618-4941, or at DaveBAjwce.com. Thank you. Sincerely, David Barkey Western Regional Sales Manager JWC Environmental, LLC 290 Paularino Avenue Costa Mesa, CA 92626-3314 Cc: Scott Kelly, Kenny Oyler, Jim Burke, Rick LeShane, Jason Kanawyer — JWC Environmental Mike Tooley, David Ban — Misco Water www.jwce.com 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 Contractors 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: 1. COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVE AUTOMOBILE LIABILITY $2,000,000 Ea. Occurrence $1,000,000 - Ea. Occurrence $4,000,000 Aggregate 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 thero oiect 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) Completed Operations Endorsement A certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi during construction and for three years after acceptance. (d) 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. (e) 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. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the City. RESOLUTION NO. 2013-71 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT FOR BAND SCREEN CHAIN AND SIDE SEAL TRACKING AND FIELD SERVICES FOR WHITE SLOUGH WATER POLLUTION CONTROL FACILITY WHEREAS, band screens were installed at the White Slough Water Pollution Control Facility in 2007 and are used to remove rags and debris entering the plant to protect downstream equipment and processes. Soon after startup, failure occurred and repairs were required to be performed by the manufacturer under the equipment warranty. The manufacturer extended the equipment warranty for a five-year period because of the initial failure; and WHEREAS, the manufacturer's extended warranty has expired and cost of repairs and maintenance are now the responsibility of the City. Currently, one of the two band screens remains out of service and needs repair to properly operate; and WHEREAS, JWC Environmental is the sole source manufacturer for this equipment. JWC Environmental staff will assist City staff making the necessary repairs and has agreed to replace damaged screen panel frames, bottom guide assemblies, spray wash system, drive components, and cover latches and gaskets, at no additional cost to the City; and WHEREAS, per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement for band screen chain and side seal tracking and field services for the White Slough Water Pollution Control Facility, through the sole -source manufacturer, JWC Environmental, of Costa Mesa, California, in the amount of $60,880. Dated: May 1, 2013 I hereby certify that Resolution No. 2013-71 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 1, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None JOHL City Clerk 2013-71