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HomeMy WebLinkAboutAgenda Report - October 20, 2010 H-01 PHAGENDA ITEM CITY OF LODI ,. COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Substitution of Listed Subcontractors and Bid Protest; Adopt Resolution Authorizing the City Managerto Execute Agreements with the Following Entitiesfor the Surface Water Treatment Facility Project; and Appropriating Funds in the Amount of $36,500,000 for the Total Project: A. C. Overaa & Company, of Richmond, for Construction ($22,837,000) B. Pall Corporation, of Port Washington, New York, for Membrane Filtration System ($3,926,081) C. Krazan & Associates, of Modesto, for Testing and Inspection Services ($488,000) D. Durst Contract Interiors, of Stockton, for Furniture ($52,025.98) E. HDR Engineering, of Folsom, for Construction Administration Services for Surface Water Treatment Facility Project ($890,000) F. San Joaquin Council of Governments (SJCOG)for IncidentalTake Minimization Measures Agreement ($90,606.80) MEETING DATE: October20,2010 PREPARED BY: Public Works Director RECOMMENDED ACTION: Public hearing to consider substitution of listed subcontractors and bid protest; adopt resolution authorizing the City Managerto execute agreements with the following entities for the Surface Water Treatment Facility Project; and appropriating funds in the amount of $36,500,000for the total project: A. C. Overaa & Company, of Richmond, for construction ($22,837,000) B. Pall Corporation, of Port Washington, New York, for membrane filtration system ($3,926,081) C. Krazan & Associates, of Modesto, for testing and inspection services ($488,000) D. Durst Contract Interiors, of Stockton, for furniture ($52,025.98) E. HDR Engineering, of Folsom, for construction administration services for Surface Water Treatment Facility Project ($890,000) F. San Joaquin Council of Governments (SJCOG) for IncidentalTake Minimization Measures Agreement ($90,606.80) BACKGROUND INFORMATION: The project is the culmination of events that began on April 16, 2003, with the agreement to purchase Mokelumne River water from the Woodbridge Irrigation District (WID). On December20, 2006, Council selected the treat -and -drink delivery system to use the water. On October 17, 2007, Council approved the project site and preferred treatment technology. In fall 2009, the raw water pipeline was installed between the WID fish screen and the project site. On October 6, 2010, the City Council approved issuing Water Revenue Bonds to finance construction of a Surface Water Treatment Facility. This public hearing and resolution, if approved, is the final Council's step toward constructing this facility. The anticipated start-up date is November2012. APPROVED: Konradt Bwlram, Interim City Manager K;\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF Project= Award SWTF,doc 10/13/2010 Public Hearing to Consider Substitution of Listed Subcontractors and Bid Protest; Adopt Resolution Authorizing the City Manager to Execute Agreements with the Following Entities for the Surface Water Treatment Facility Project; and Appropriating Funds in the Amount of $36,500,000 for the Total Project: A. C. Overaa & Company, of Richmond, for Construction ($22,837,000) B. Pall Corporation, of Port Washington, New York, for Membrane Filtration System ($3,926,081) C. Krazan & Associates, of Modesto, for Testing and Inspection Services ($488,000) D. Durst Contract Interiors, of Stockton, for Furniture ($52,025.98) E. HDR Engineering, of Folsom, for Construction Administration Services for Surface Water Treatment Facility Project ($890,000) F. San Joaquin Council of Governments (SJCOG)for IncidentalTake Minimization Measures Agreement ($90,606.80) October 20, 2010 Page 2 Public Hearing Hold a public hearing in accordance with Public Contracts Code Section 4107 to hear: 1. The subcontractor Listing Law prohibits Prime Contractors from bid shopping with subcontractors after receiving an award of a Public Contract. Post -bid -opening substitutions of subcontractors are only allowed for a few specified reasons, including clerical error. C. Overaa & Co is requesting substitution of two listed subcontractors. For earthwork and paving, Overaa asserts that it incorrectly listed Sierra Equipment Rental, Inc., 8176 County Road 44, Glenn, CA, 95943, as the low bidder. The actual low bidder is A.M. Stephens Construction Company, Inc., 1717 South Stockton Street, Lodi, CA, 95240. For painting and coatings, Overaa asserts it incorrectly listed National Coatings and Lining Company, 29885 Second Street, Unit P, Lake Elsinore, CA, 92532 as the low bidder. The actual low bidder is FD Thomas, P.O. Box 4663, Medford, OR, 97501. C. Overaa & Co. has provided date- and time -stamped documentation showing that Overaa received bids from the subcontractors it wishes to substitute, that it adjusted its bids to match the subcontractors bid but that it mistakenly failed to change the identity of the listed subcontractors. Absent evidencefrom the listed contractorsto the contrary, staff believes that the substitution complies with the requirements of the subcontractor listing law (Public Contracts Code Sections 4107 and 4107.5). City staff recommends the substitution of these two subcontractors as requested. Correspondence and documentation are attached. 2. The City has received a protest from the apparent second -low bidder, G.S.E. Construction, of Livermore, that Overaa did not list an approved subcontractor for the traffic signal scope of work. C. Overaa & Company has provided the City with documentation that the traffic signal work is included in the approved electrical contractor's (San Joaquin Electric) scope of work. The work will be performed by Pacific Excavation, Inc., as a subcontractor to San Joaquin Electric. City staff recommends rejection of the protest based on the documentation provided. Correspondence and documentation are attached. C. Overaa & Company has provided a signed affidavit to the City regarding the items noted above. Documentation is attached. A. Contract Awards Plans and specifications for this project were approved on July 21, 2010. A prequalification process was included to determine eligible bidders and ensure that bidding contractors have the necessary background to perform the work. Ten prime contractors, 13 electrical contractors and six electrical system integrator contractors were approved to bid. The bid opening for the construction contract was September 16, 2010, and the following nine bids were received. K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF Project= Award SWTF.doc 10/13/2010 Public Hearing to Consider Substitution of Listed Subcontractors and Bid Protest; Adopt Resolution Authorizing the City Managerto Execute Agreements with the Following Entities for the Surface Water Treatment Facility Project; and Appropriating Funds in the Amount of $36,500,000 for the Total Project: A. C. Overaa & Company, of Richmond, for Construction ($22,837,000) B. Pall Corporation, of Port Washington, New York, for Membrane Filtration System ($3,926,081) C. Krazan & Associates, of Modesto, for Testing and Inspection Services ($488,000) D. Durst Contract Interiors, of Stockton, for Furniture ($52,025.98) E. HDR Engineering, of Folsom, for Construction Administration Services for Surface Water Treatment Facility Project ($890,000) F. San Joaquin Council of Governments (SJCOG)for Incidental Take Minimization Measures Agreement ($90,606.80) October 20,2010 Page 3 Bidder Location Bid Engineer's Estimate $32,000.000 C. Overaa & Company Richmond $22,837,000 G.S.E. Construction Company, Inc. Livermore $24,548,000 Auburn Constructors Sacramento $25,200,300 S.J. Amoroso Construction Redwood Shores $25,697,000 W.M. Lyles Company West Sacramento $26,176,000 Monterey Mechanical Company Oakland $26,660,000 Gateway Pacific Contractors Sacramento $27,998,129 Western Water Constructors, Inc. Santa Rosa $28,365,000 J.R. Filanc Construction Company Escondido $28,760,000 Staff recommends awarding the construction contractto C. Overaa & Company. B. Pall Membrane Filtration Svstem At the December 16, 2009 City Council meeting, Council authorized Pall Corporation as the membrane filtration system supplier. Staff, along with HDR Engineering, has negotiated the necessary terms and requirements of the membrane filtration system to meet our specific project needs. The total contract amount is $3,926,081. C. Testing and Inspection Services Krazan & Associates, inc., provided the same services for all phases of the White Slough Water Pollution Control Facility upgrades. A building inspector, previously approved by the Building Division, will be hired by Krazan & Associates to assist the City's Chief Building Official. This is a time -and -materials contract not to exceed $488,000. D. Furniture On April 20, 1994, City Council established Haworth, Inc., as the standard office systems furniture man ufactu re rfor City projects. Durst Contract Interiors is the local authorized vendor for Haworth products and installation. Total contract is $52,025.98. E. Construction Administration Services Staff recommends HDR Engineering, Inc., perform the construction administration services. As the design engineerfor this project, HDR is ideally suited to perform these duties. This is a time -and - materials contract with a not -to -exceed maximum of $890,000. F. SJCOG To meet the requirements of the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP) compensation is required for converting open space to non -open space use and an Incidental Take Minimization Measures agreement is required to be executed by the City. A draft of the agreement is attached and it is subject to revision following the preconstruction site inspection. Council authorized the City Managerto negotiate minor revisionsto the draft agreement and execute same. This is a one-time fee of $90,606.80. K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF Project= Award SWTF.doc 10/13/2010 Public Hearing to Consider Substitution of Listed Subcontractors and Bid Protest; Adopt Resolution Authorizing the City Managerto Execute Agreements with the Following Entitiesfor the Surface Water Treatment Facility Project; and Appropriating Funds in the Amount of $36,500,000 for the Total Project: A. C. Overaa & Company, of Richmond, for Construction ($22,837,000) B. Pall Corporation, of Port Washington, New York, for Membrane Filtration System ($3,926,081) C. Krazan & Associates, of Modesto, for Testing and Inspection Services ($488,000) D. Durst Contract Interiors, of Stockton, for Furniture ($52,025.98) E. HDR Engineering, of Folsom, for Construction Administration Services for Surface Water Treatment Facility Project ($890,000) F. San Joaquin Council of Governments (SJCOG)for Incidental Take Minimization Measures Agreement ($90,606.80) October 20,2010 Page 4 The total project estimate is $36,500,000, which includes the construction contract, membrane filtration system, shop tools and equipment, furniture, tree mitigation, property acquisition, permit fees, construction administration services, testing and inspection contract, construction contingencies and other project -associated expenses. Appropriation The total project appropriation is $36,500,000. Funds are appropriated from the sale of the bonds approved at the October 6, 2010 Council meeting. The bond sale date is approximately October 27, 2010. FISCAL IMPACT: Increase in costs for operating the facilities will be approximately $1.7 million the first year and approximately $1.4 million each year thereafter. FUNDING AVAILABLE: Requested Appropriation: Water Fund (181011)$36,500,000 Jor n yers Deputy City Manager/Internal Services Director F. Wally Seidelin Public Works Director Prepared by Gary Wiman, Construction Project Manager FWS/GW/pjt Attachments cc: Charles Swimley, Deputy PublicWorks Director— Utilities C. Overaa& Company Pall Corporation Krazan & Associates Durst Contract Interiors HDR Engineering Finance Team K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF Project\CC Award SWTF.doc 10/13/2010 City Of Lodi Surface Water Treatment Facility Project Budget October 2010 Budget Item Amount Constructioi Site Acquisition (Parks Dept) $1,200,000 Wastewater Connection Fee $1,472,912 Impact Mitigation Fees $151,308 RTIF Fees $22,333 Utility Services (PG&E, EUD) $500,000 COG Habitat Fees $90,607 Construction Contract (Bid Amount) $22,837,000 Plan Check/Permit Fee (Building Dept.) $342,333 Plan Check/Permit Fee (Public Works) $124,000 Plan Printing Costs (Stockton Blue) $25,000 Project Management (City Staff) $200,000 Copy/Shipping Expenses Estimate $15,000 Environmental Inspection $4,000 Testing & Inspection (Krazan & Assoc) $488,000 Construction Tota $27,472,492 Equipment Purchase Budget Office Furniture (Durst Contract Interiors) $52,026 Operations Center Equipment $50,000 Admin Building Equipment $25,000 Data/Communications Equipment $100,000 Shop Equipment $200,000 Pall Membrane Purchase $3,926,081 Equipment Tota $4,353,207 Engineering Services Amount HDR Contract Administration $890,000 Engineering Tota $890,000 Tota $32,715,599 Project Contingency $3,784,401 Project Total Budge $36,500,000 K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF Project\SWTF Project BudgetCC.xls 10/07/2010 City cf Lodi Section 4 Surface Water Treatment Facilitv 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 C. Overaa & Co., 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 Contract consists of the following documents which are incorporated herein by this reference, to -wit: Notice Inviting Bids Information to Bidders General Conditions Special Provisions Bid Proposal Contract Contract Bonds Plans (Drawings) Specifications 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, furnish all labor 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 11 - 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 in Clauses 65 and 66 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 111- 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 wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, August 24, 2010 Section 4 - 1 Surface Water Treatment Facility Contract City of Lodi Section 4 Surface Water Treatment Facility Contract 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: Item Unit Price Total Price No. Unit Qty A. Mobilization, bonds, and insurance (not to L S NA $1,000,000.00 $1,000,000.00 exceed 5% of total bid amount) B. Sheeting, shoring, and bracing LS NA $250,000.00 $250,000.00 C. Addition of ChlorinationFacilities to Well IS NA $2,000,000.00 $2,000,000.00 sites. D. 3 -million gallon prestressed concrete storage tank complete with piping, valves and appurtenances (Within the footprint of the tank) disinfected and ready for service, excluding earthwork. LS NA $3,000,000.00 $3,000,000.00 E. Construct micro -filtration system including storage and installation of Owner furnished Pall membrane system (5 units), strainers, pumps, and CIP system; including piping, valves, appurtenances, electrical instrumentation and all related work within the operations and chemical buildings. LS NA $12,000,000.00 $12,000,000.00 F. All work in accordance with the contract documents, with the exception of work included under Items A through F. LS NA $4,587,000.00 $4,587,000.00 Contract Total $22,837,000.00 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. August 24; 2010 Section 4 - 2 Surface Water Treatment Facility Contract City of Lodi Section 4 Surface Water Treatment Facilitv 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 Special Provisions. 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. ARTICLE VIII — The Contractor agrees to commence work pursuant to this contract and to diligently prosecute to completion within 700 CALENDAR DAYS. 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 of $3,000 per day for each calendar day the work is not completed beyond the time specified in the preceding paragraph. 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 LOW Title (CORPORATE SEAL) By: Konradt Bartlam, Interim City Manager Date: Attest: Randi Johl, City Clerk Approved as to form: D. Stephen Schwabauer,City Attorney August 24,2010 Section 4 - 3 Surface Water Treatment Facility Contract City of Lodi Section 4 Surface Water Treatment Facility Contract PAYMENT BOND Know All Men by These Presents: THAT WHEREAS, The CITY OF LODI, has awarded to C. Overaa & Co., hereinafter designated as the "Contractor", a contract for the work described as follows: City of Lodi Surface Water Treatment Facility. AND WHEREAS, the Contractor is required by the provisions of Chapter 7, Title 15, Part 4, Division 3, Section 3247 et seq., Civil Code, to furnish a bond in connection with said contract, as hereinafter set forth. NOW, THEREFORE, we the undersigned Contractor and Surety are held and firmly bound unto the CITY OF LODI, in the sum of eleven million four hundred eighteen thousand five hundred Dollars ($11,418,500.00), said sum being determined in accordance with the provisions of Section 3248 of the Civil Code, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any materials, provisions, provender or other supplies or teams, implements or machinery, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, as required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Code, the surety or sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond the said surety or sureties will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of ,20 10. Contractor (SEAL) Name of Surety By: Attorney -in -Fact August 24,2010 Section 4 - 4 Surface Water Treatment Facility Contract City of Lodi Surface Water Treatment Facilitv PERFORMANCE BOND Know All Men by These Presents: Section 4 Contract THAT WHEREAS, the CITY OF LODI, has awarded to C. Overaa & Co. as principal, hereinafter designated as the "Contractor",a contract for the work described as follows: City of Lodi Surface Water Treatment Facility. AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract guaranteeing the faithful performance thereof, NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the CITY OF LODI, in the sum of Twenty-two million eight hundred thirty seven thousand Dollars ($22,837,000.00), to be paid to the said CITY OF LODI, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION of this obligation is such: That if the above Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract and any alteration thereof made as therein provided, or his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY OF LODI, its officers and agents, as therein stipulated, then this obligation shall become and be null and void, otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of ,2010. Contractor (SEAL) Name of Surety By: Attorney -in -Fact August 24,20 10 Section 4 - S Surface Water Treatment Facility Contract OVERA'At BUILDING FOR THE FUTURE SINCE 1907 C. OVERAA &CO. Craftsmanship • Innovation • Proven Results September 28,20 10 City of Lodi Public Works Department City Hall, 221 West Pine Street Lodi, CA 95241-1910 Attention: Gary R. Wiman, Construction Project Manager Reference: Surface Water Treatment Facility Bid Subject: Affidavit Dear Gary: The following is our affidavit confirming the following is true and factual: 1. C. Overaa & Co. made an inadvertent clerical error in listing Sierra Equipment Rental, Inc. instead of AM Stephens Construction Co. for the "earthwork and paving" work on the above referenced project. 2. C. Overaa & Co. made an inadvertent clerical error on listing National Coating & Lining Company instead of FD Thomas for the "painting and coating" work on the above referenced project. 3. San Joaquin Electric's bid to C. Overaa & Co. included the traffic signal work performed by Pacific Excavation Inc. and as such is a second tier subcontractor, and therefore, not listed on our "Proposed Subcontractors" list for the above referenced project. We hope this confirms all the information previously provided. If you have any questions or comments, please do not hesitate to contact me. Very truly yours, LE/sh �u. 200 Parr Blvd., Richmond, CA 94801 • Tel: (5 10) 234-0926 • Fax: (510) 237-2435 • License No. 106793 • www.overaa.com OVEPMAt BUILDING FOR THE FUTURE SINCE 1907 C.OVERAA & CO. Craftsmanship - Innovation , Proven Results September 16,2010 City of Lodi Purchasing Officer, Finance Department City Annex 310 W. Elm Street Lodi, CA 95241 Attention: Gary Wiman, Fax 209 333-6710/ Email: gwimanglodi.gov Reference: Bid for Lodi Surface Water Treatment Facility Subject: Subcontracting Listing Errors Dear Mr. Wiman: Per Section 4107 of the Public Contract Code, please be advised that we made two inadvertent clerical errors in our listing of the intended low bidders on the above referenced bid as follows: For Earthwork & Paving, we listed Sierra Equipment Rental, Inc., 8176 County Road 44, Glenn, CA 95943 as the low bidder. The actual low bidder fcr this trade is AM Stephens Construction Co., Inc., 1717 S Stockton Street, Lodi, CA 95240. For Painting & Coatings, we listedNational Coating & Lining Company, 29885 Second Street, Unit P, Lake Elsinore, CA 92532 as the low bidder. The actual low bidder for this trade is FD Thomas, PO Box 4663, Medford, OR 97501. We, therefore, request listing changes from Sierra Equipment Rental, Inc. to AM Stephens Construction Co., Inc. and from National Coating & Lining Company to FD Thomas. If you have any questions, please do not hesitate to contact me. Very truly yours, LE/sh 200 Parr Blvd., Richmond, CA 94801 • Tel: (510) 234-0926 • Fax (510) 237-2435 • License No. I06793 • www.overaa.com CITY COUNCIL CITY OF L O D I KONRADT BARTLAM, PHIL KATZAKIAN, Mayor Interim City Manager SUSAN HITCHCOCK, Mayor Pro Tempore PUBLIC WORKS DEPARTMENT RANDI JOHL, LARRY D. HANSEN CITY HALL, 221 WEST PINE STREET/ P.O. BOX 3006 City Clerk LODI, CALIFORNIA 95241-1910 BOB JOHNSON TELEPHONE (209) 333-6706 / FAX (209) 333-6710 D. STEPHEN SCHWABAUER, JOANNE MOUNCE EMAIL pwdept@lodi.gov City Attorney http://www.lodi.gov F. WALLY SANDELIN, Public Works Director September 17, 2010 C. Overaa & Co. Attn: Larry Etcheverry 200 Parr Blvd Richmond, CA 94801 SUBJECT: Surface Water Treatment Facility Bid — Listed Subcontractor The City is in receipt of your subcontractor substitution request on the above listed project. We have notified the listed subcontractors as required by Public Contracts Code Section 4107. You are encouraged to consult your legal counsel and review the provisions of Public Contracts Code 4107 and 4107.5 carefully to determine any rights and limitations periods you may have to pursue your requested substitution. Sincerely, Gary R. Wiman Construction Project Manager Enclosure cc: PublicWOrks Director CityAttorney K:\WP\PROJECTS\WATER\SurtaceWaterPlant\SWTF Project\Bid Documents\SWTF Overaa Sub Change Ltr.doc CITY COUNCIL CITY OF L O I KONRADT BARTLAM. PHIL KATZAKIAN, Mayor Interim City Manager SUSAN HITCHCOCK, PUBLIC WORKS DEPARTMENT Mayor Pro Tempore RANDI JOHL, LARRY D. HANSEN CITY HALL, 221 WEST PINE STREET / P.O. BOX 3006 City Clerk LODI, CALIFORNIA 95241-1910 BOB JOHNSON TELEPHONE (209) 333-6706 / FAX (209) 333-6710 D. STEPHEN SCHWABAUER, JOANNE MOUNCE EMAIL pwdept@lodi.gov City Attorney http://www.lodi.gov F. WALLY SANDELIN, Public Works Director September 17, 2010 National Coating and Lining Company 29885 Second Street, Unit P Lake Elsinore, CA 92532 SUBJECT: Surface Water Treatment Facility Bid — Listed Subcontractor C. Overaa & Co., appears to be the successful low bidder on the above public contract and listed your firm as a subcontractor to provide painting and coatings. Bids were opened on September 16, 2010. By letterof September 16, 2010 C. Averaa & Co. requested the City's consent to substitute FD Thomas for your firm due to clerical error as provided in Public Contracts Code Sections 4107 and 4107.5. A copy of C. Averaa & Co.'s request is enclosed. You are encouraged to consult your legal counsel and review the provisions of Public Contracts Code 4107 and 4107.5 carefully to determine any rights and limitations periods you may have to contest the requested substitution. Sincerely, o_ Gary R. Wiman Construction Project Manager Enclosure cc: Public Works Director City Attorney K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF Project\Bid Documents\SWTF National Coating & Lining Sub Change Ltr.doc SEP-21-2010 13:21 From:NCLC 9514713779 To:12093336710 Paae:2'2 l".A -ni 9Ar H d 2 7 Y x M �• SPECIALIZING IN EPDXY COATING, POLYURETHANE LININGS, MANHOLE RESTORATION,T- LOCK INSTALLATION AND T-LOCK WELDING FOR THE WATER & WASTEWATER INDUSTRY CERTIFIED APPLICATOR FOR RAVEN LINING SYSTEMS, UTILITHAN'E POLYURETHANE: AND SPRAYROQ September 21,20 10 City of Lodi Public Works Department aV Hall P OBox 3006 Lodi, CA 95241-1910 Attention: Mr. Gary R Wiman, Construction Project Manager RE: Surface Water Treatment Facility Bid—Listed Subcontractor Mr. Wiman: T h i s letter is to provide formal notification to the City that we object to the substitution of another fgn to perform the work for which we were listed by the apparent low bidder on this Project. We received your letter today, notifying us that C. Overaa & Co. is attempting to replace our firm as a listed Subcontractor by claiming that they made an inadvertent error in their bid. There is no evidence that we are aware of that conclusively demonstrates an inadvertent clerical error by C. Overaa & Co., and we believe that bid shopping may be the motive. We hereby request that the City deny C. Overaa & Co.'s request, cox proceed in accordance with the provisions of Public Contract Code 4107 and 4107.5 to resolve this matter. Sincerel 1 Anton stett President 29885 2"D St., Unit P, Lake Elsinore, CA 92532 TELEPHONE- (951) 471-3388* PACSIMILE (951) 471-3779 CA License # 886430 C-33, AZ License #ROC256198 L-34, NV License #73374 C4 Member of Southern California Painters & Decorators Labor Management Cooperation Committee Signatory to Painters and Laborers Union CITY COUNCIL CITY OF L O D I KONRADT BARTLAM. PHIL KATZAKIAN, Mayor Interim City Manager SUSAN HITCHCOCK, PUBLIC WORKS DEPARTMENT Mayor Pro Tempore RANDI JOHL, LARRY D. HANSEN CITY HALL, 221 WEST PINE STREET / P.O. BOX 3006 City Clerk LODI, CALIFORNIA 95241-1910 BOB JOHNSON TELEPHONE (209) 333-6706 / FAX (209) 333-6710 D. STEPHEN SCHWABAUER, JOANNE MOUNCE EMAIL pwdept@lodi.gov City Attorney http://www.lodi.gov F. WALLY SANDELIN, Public Works Director September 17, 2010 Sierra Equipment Rental, Inc. 8176 County Road 44 Glenn, CA 95943 SUBJECT: Surface Water Treatment Facility Bid — Listed Subcontractor C. Overaa & Co., appears to be the successful low bidder on the above public contract and listed your firm as a subcontractor to provide Earthwork and Paving. Bids were opened on September 16, 2010. By letter of September 16, 2010 C. Averaa & Co. requested the City's consent to substitute A.M. Stephens Construction Co for your firm due to clerical errcr as provided in Public Contracts Code Sections 4107 and 4107.5. A copy of C. Averaa & Co.'s request is enclosed. You are encouraged to consult your legal counsel and review the provisions of Public Contracts Code 4107 and 4107.5 carefully to determine any rights and limitations periods you may have to contest the requested substitution. Sincerely, Gary R. Wiman Construction Project Manager Enclosure cc: Public Works Director City Attorney K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF Project\Bid Documents\SWTF Sierra Equipment Rental Sub Change Ltr.doc C 0 N S T R u C T 1 0 N SENT. VIA FAX, MAILAND EMAIL Tuesday, September 21,2010 City of Lodi —City Hall Public Works Department 221 West Pine Street Lodi, CA 95241 To Whom It May Concern: This is an official letter of protest of the bid submitted by C Overaa & Company, on September 16, 2010 in response to Invitation to Bid for the Surface Water Treatment Facility Projectfor the City of Lodi. Per Section 2 Instruction to Bidder's (Section 2-1): "e. Pursuant to the provisionsof Section 41000 —4113, inclusive, of the Government Code, every bidder shall in his bid set forth: ( 1) ------- (2) The portion of work which will be done by each subcontractor. If the bidder fails to specify a subcontractor for any portion the work to be performed under the contract in excess of one-half percent of the total bid, he agrees to perform that portion himself." C Overaa & Companyfailed to list a subcontractor for "Traffic Signal" with their bid on this project. The "Traffic Signal," is a significant and particular item of work that requires experience and a C-10 license which C Overaa & Company does not have and therefore can not self - perform. In addition, their listed electrical subcontractor San Joaquin Electric does not posses this experience and excluded this scope of work from their proposal. Furthermore this scope of work is clearly in excess of the threshold of one-half percent of the total bid price and therefore a subcontractor had to be listed for the "Traffic Signal" scope of work on this project. Due to C Overaa & Company's non compliance with the bidding documents, we assert that their bid should be deemed non-responsive and the contract awarded to G S E Construction Company Inc, the next lowest responsive and responsible bidder. Sincerely, Orlando utierrez, President G S E Construction Company Inc GS E CONSTRUCTION COMPANY INC . 6950 Preston Avenue . Livermore, C4 94551 . Tel (925) 447-0292 . Fax (925)447-0962 www..gseconstruction.com . CA Contractor License# 401498 . Equal Opportunity Employer OVERAAt BUILDING FOR THE FUTURE SINCE 1907 C'.OVERAA & CC. Craftsmanship • Innovation e Proven Results September 23, 2010 City of Lodi Public Works Department City Hall, 221 West Pine Street Lodi, CA 95241-1910 Attention: Gary R. Wiman, Construction Project Manager Reference: Surface Water Treatment Facility Bid Subject: Electrical Subcontractor Listing Dear Gary: ;. EV:;.. 1 T Y 0f- L0DR In response to your inquiry regarding the subcontractor listing of a "traffic signal" subcontractor, please note that our listed electrical subcontractor, San Joaquin Electric, Inc., included this electrical work per specification 16600 in his bid to Overaa. Eased on our discussion with Dave Craddock at San Joaquin Electric, Inc., we understand that he intends to subcontract this work to Pacific Excavation Inc. Please fill free to contact Dave Craddock at 209 952-9980 to discuss this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, C. OVERAA Estimator LE/sh C(a 1 51;2 LF 200 Parr Blvd., Richmond, CA 94801 • Tel: (510) 234-0926 • Fax: (510) 237-2435 - License No. 106793 • www.overaa.com Project Name: City of Lodi Surface Water Treatment Facility Bid Date: 9/16/2010 Bid Time: 2:00 PM Total Cost: 22,837,000 11 Markup Rater ' Bond / Insurance Rtte: ` r.u.11 I ItemcofWork SUB 1 EQUIP: I MAT'L LABOR I TOTAL ITEM OF WORK Structural/ArchltecturallCivii - IL Un round -RP Above ground / Mech - LH Isom COCO OH z25'�0„ Craft Labor Burden I Imam I1y5°/a"' General Conditions Burden Dewatering 0ieo0 Monitoring Well 02140 02130 em =13 Site ClealinglIxcavaling Support andProtection Control of Ground and SurfaceWaterEarthworkTopsoilingand Finish Grade AsphaltPoving Pipeline - - o2m Plants and Plsnfmn 02502 ConcreteCurb, sidewalk. steps anis ITank Underdraln and Waterproofing - - 03370 03380 PrestressedConc Strand Wrapped Conce Tank Type ill PrestressedConcrete Tank . 0e31s Fabric Baffle Wait. In Water Storage Tank - - o282o Storage Tank Disinfection aim 02770 PVGGeomembrane 02444 PVC Coated Chain Link Fence 02852 OmamentalFencesand Gates - - -'omoe Storage TankMetal Fabrications - - 05120 osso5 Stouckual Steel Metal Fabrications osew Fiberglass Reinbeed Plastic FaMc®tions: Railings, Gratings, Ladders, Modular Framing - - 05211 Sleet JOlata - - 05313 Metal Deck - - osms ConcreteReirdonment o34so Architectural PrecadConcrete - 04110 oam Cement and Lime Mortars Concrete Masonry 04233 Prot 11 Fens System - Post tensioned Concrete Masonry - - aloe om osmo Rough Carpentry Finish Carpenby Archtieclnlal Cahinewwk �. sey ti jItems of WorkI SUB t EQUIP. MAT'L LABOR TOTAL uinn Cl.e PmfeNlnn 07412 _..._... _ _.r..... Metal Roofing 07600 Flashing and Sheet Metal I 10200 Louvers 15890 1ssro dsss0 HVAC Equipment Ductwork instrum and Control HVAC Testing and Balancing 154do Plumbing Fixtures and Equip 16012 16060 w...� Electrical, etc. Acoustical Ceiling WNW [t O m SEP -16-2010 From:STEPNENS CONS 2093330993 To:5102372435 Mailin Addrbaa C9onoral $opanee►Inp Convttotor PO BDX1867 40p1, CR 95241 PhysiGAl AddteaC 17175 STOCKTON ST CONSTRUCTION CO., INC LORI, 0A 96240 Ulitvmia Contrnatrxo LIMM5 d 404729 September 15, 2010 City of Lodi Water Treatment Facility SITEK'ORKSCOM 1, Demo trees, concrete atld fence. 2, Clear area bydiscing. 3. Ro-compact site 31deep. 4, Prep pads to slab grade less concrete and rack. No 'footings, etc, Pall to be one level grade, 5. Excavate for tank pad leaving one (1) rarnp to Elev. 6. Import needed material to finish site, 7, Grade Tor concrete walkways, placing base rock if S. Paying Area: Subgrade, rack, beaderboard and b 9. Decorative Rock: Subgrade, fabric and rock. 10, Grade Swale urea and place rock. for fits, basement, 11. $tnp3ng and signage. For Me L p Sum-4-71�' fJoo- 1. Dain comerete and subgrade fur new 2. Lower and raise manholes and wate 3. Grind for overlay and prepare area. 4, Plaee asphalt concrete, S. Stripes aro signage. the Lump Sum(44 1 to , w RAWWATER At���'�,�1 11 1. Demo conoretc. 2, Rough grade site and con .act building pad. 3, Grade and place aggregate base for concrete flatwork. 4. Paving Area: Siibgra4e, rock and pave. S, Barricade. 6. Staging Area: Grade, fabric and rock (70,000Sq..>„t.), 1K,f- — For the Lump Sism DPb m Respeottbily &bmitted, ax-a� Andrew M. Stephens A,.M, Stephens Construction Company, Inc. P.2/3 LORI (209) 333-0136 FAX (209) 333-0883 www ematephou nee ,'felt.-oiP: L4i,�m,ou SEP -16-2010 From:STEPHENSCONS 2093330993 To:5102372435 P.3/3 ---.- . - _._._ . .. 1.111 _ H x I I IItiaa1MEN It1t11itIIIm. n Permiks or;l'ecs I v 7 csting ; No Staking Ct No Soils Report 0 14o Demolition Gl,/� �lrutinb uthor titan Aiscittg trtl` o:Rock, Sand orM:emlimne on Suikiing:l'ads Ip/ Footing Excavation or Grickfill of any type 5_ ,. `"p' tngineered Till under Foodtigs 10 ,jV- Con0rOW, [tP'No Underground or •Paving of Underground Tronoltes C� l�p"Sq'ipiny No Electrical C] o Lavida�aping and No Udidonal Gradiq n&x initial Grading Ga, '�itencing Work to be done when Weather Ground Condi tions.Pernhits Nornial Construction opeihtion U Pr wing to be done per Cal Ttans Specifications project aid on Full Days Paving. Short Day Paving due to Weudier will add Cost toBao Did, 0 Mobilia iewi- Amount lvrBid G No T3ase under C'oncrofe Walks or Slabs Di Curb CxGuva►ion -/lir �'Fix►sinn SWWP'I�.P N.:t�iniennnee n [eBrosion Contra) eed Kil ler xistiahgUtilitics or Undorg'mund Piping Conflict will, ilio Proposed U1111tlas, and Raiocation or Added Costs ;chill be by Owner/Controo0l'. (:1 oter (ans, water„t.'Wria , etc.) by other,, fizardatiq Material Handling by others UNoWCi attiring Work by others Connections to Rina Water i faders or pownspouts,'go Trench Droins. No French or Appw atas 13mins. U c1ladinl;14011-Site Wtllimip u /eElootrical D010 llrtDust: Control PerMils nrflails No Cost for Traffic. Control t'lmv; 0 Addemdum9 Noted,_ Cl P LP A fiT+; ATTAO IT W, T.H. O OTE TO CCI,iV".TRACT 09/16/2010 PAX 5309342247 sierra equipment Sierra Equipment Rental, Inc 8176 County Rd. 44 Glenn, CA 95943 Phone# 877-503-6300Pax# 530-934-2247 License# 804169A September 16,2010 General Contractor Attn: Project Estimator Re: City of Lodi- Surface Water Total Bid 9 Inclusions: Clear and grub. Demolition of fence, as alt, concrete curb & sidewalk. Asphalt grinding at i ersection. Removal of raised edians at intersection. Rough grade and nish grade. Prepare staging ca— 10,000 SF at Raw Water and 10,000 SF at plant. Stripped topsoi to be left in stockpile for landscaper. Cobble rock p ving. C1 2Aggreg tebase. Asphalt Pav' Header Board Replace of aggregate base & asphalt in Mill's Ave Conditions: We have seen the soils report. We have seen addenda's 1,2,3, & 4 Recycled base rock is utilized throughout this quotation. Swales are graded only. See page 2 for exclusions. 0001/002 09/16/2010 FAX 5309342247 sierra equipment IL002/002 Page 2 (Lodi Surface Water Treatment) Exclusions: Fees, permits, survey and layout, tests, and inspection. Handling or removal of hazardous or contaminated material. Removal of my utilities, structures or other demolition. Concrete, underground utilities, above ground piping, electrical, fencing, landscaping, and irrigation. Striping,bumpers, orbollards installation, maintenance, or removal of erosion control. Dewatering. Shoring, sheeting or underpinning. Handling or removal of spoils from. underground. Bond premium, we are bondable at one per cent. Temporary or permanent b arri caries. Tree protection. Any work at wells. Removal of staging area's. At Mill's Avenue we excludepipe work, adjustment of iron, stop inlets, handicap ramps, and removal of any untilities. Sierra Equipment Rental, Inc, SEP -16-2010 FD THOMAS I NC Date; September 16, 2010 To: General CorNr'actor Re: Lcoil-Surface WaterTroatment Facility Section: 02215 Tank Underdrain and Waterproofing (partial, waterproofing only, 07176 Liquid Water Ropallent (All CMU and Masonry Surfaces.) 09721 Epoxy Flooring System 09850 Sprayed Corrosion -Resistant Uning 099Q5 Painting and Protective Coatings 541 864 1631 P.01i01 r. We propose to furnish labor, equipment and material to oomplete the sections U10 above. The work will be done with the -? ^ following clarifications and exclusions. These clari Cations and exclusions are an integral part of the proposal and some or sli,'wiil become a part of any forthcoming subcontract. Lump Sum Price ..................................... ............. .... ............... ...... ..... ................ 5 364,000.00 C artficationS: 1) All structural steel, farrous 8non-ferrous metal, piping and appurtenances, and mechanical items that require field tfnith will s i.;.....? came properly prepared and primed accordingto relevant sections listed above. This work is to be performed by others and Must be Completed prior to installation. 2) Figured no work at the Well Modifications sites. 3) l erter4e castings figured in th4 iw4posal are 9peradpfirs bpddmg tranches, Chemical Containment area in room 133, Chemical building rooms 209, 201, 202 and 209 floors and trenches. 4) Figured to install coaling fn trenches prior to pipe installation. 5) Owner —Al— general contractor shall provide power and clean water at no cost, 6) Open-air surf000 prep and painting praotices are figured In our bid. Work is figured to be done during good weather months. 1) The Architectural painting is figured to be installed per the finish schedule & prior to mechanical, & electrical. 8) Concrete should be allowed to cure a minimum of 28 days. Bug holes, form fins, snap ties, & penetrations are to be addressed by the General Contractor. 9) F.D. Thomas is a union contractor. 1'bf) Ceneral contractor andfor ownerto aequimand provide all necessary permits. 11) Areas scheduled to receive flooring or coatings are figured to be free of other trades and any stored materials or equipment, duringthe preparation and installation process. 12) We have seen 4 addenda. tw . ciuslon5: 1) Providing enClosureWcontainments, ventilation dehumldlriGation or other oontrolS for the environment to perform painting or surface prep work 2) Concrete "Stains" or "Seaters" 3) Cleaning, disinfecting, or dewatering, 4) Painting of aluminum, bronze. or stainless steel. 6) Concrete coatings inside the sedimentation basin. 6) Coating gr lining of Reverse FIRr4gion Waste Tank. 7 Fusion bonded coatings, varnishes, wood stains, lacquers, or fillers. 8) Overtime, holiday, inspection, weekend work, or rquidated damages - 9) All work associated with concrete finishing, epoxy surfacinglorack injection, concrete hardeners, spall or crack repair. 10) Lining of the interior of pipe and/or coatingttaping of buried items & appurtenances, 11) identifying, tagging, pipe identscation, safetyAraftio markings, stenciling, end Color coding. 12) Casting of dissimilar materials that will be in contact after installation i -e. Aluminum with concrete. 13) Application of waxigrease, high heat coatings, or shop applied coatings. 147 Moving, handling, and/or replacing any meahardtA, structural, electrical. & appurtenances, 15) Painting of or above and behind casework, acoustical wall, & ceiling products, 15) Repair of substrates, or touch up of trade damageto our work after Complete. 17) Grinding, radius grinding, or tie -burring of finish welds. Thank you for the opportunity to provide this quotation, if you have any questions plsase don't hesitate to cordact brie. r. r Mike Kastenkp Estimator F.D.Thomas Inc. office 541.664-1618 mk(SHdlhomas.com well- 561-301-9919 Mailing: PO Box 4663 • Medford, OR 97501 • Shipping: 217 Bateman Dr. • Central Point, OR 97502 Phone 541-0$4-30'10 • 1.600.554-3010 + Fax 541-664-1106 • fdtmedford@fdthomas.com TDTRL P.01 09-16-'10 FROM-NCLC 9514713779 T-955 P002/007 F-176 NATIONAL COATING & LINING COMPANY 29885 SecondStreet,.Unit P Lake Elsinore, GA 92532 Telephone: r)471-3388 Fax: 51)471-3779 WWW,NC-LC.COM September 16,2010 TO; GENERAL CONTRACTOR ATTN: ESTIMATING DEPARTMENT Quote No.: NCLC-1117 Project: City of Lodi Surface Water Treatment Facility Section 02215.2.1 D, 03348.2.1 A.1, 07176.3.4A, 09721 and 09905 — Field Coating Proposal Ladies and Gentlemen: We are pleased to submit ourproposal to famish all labor, materials, tools, equipment, taxes and insurance required to perform the.work as noted herein. We note receipt of Addendum No. 1 thru 4 PRICE SCHEDULE/ WORK DURATION: 1. Seotion 02215.2.1 D. 03348.2.1 A, Total Lump Sum for Project SCOPEOF WORK: $422,700.00 Esilmated Work Days 188Days This proposal is based on the following work scope: Section 02215,211), 033413.2.11A.1, 07176.3.4A. 09721 and 09905 — Field Coatina Pr000sal 1. Prepare per SSPC SP -13 and apply concrete seals, tD floors per 03348.2.1AA 2. Prepare per S SPC SP -13 and apply Hydroblock to exposed concrete and CMU wall Operations and Chemical Buildings per 07176.3.4A 3. Prepare par SSPC SP -13 and apply epoxy coating to concrete floors in Chemical Building as noted in plans and per 09721 4. Prepare per SSPC SP -1 & SP-2and coat bollards and doors per 09905 5. Prepare per SSPC SP -1 & SP -2 and finish coat exposed pump casings, valves, pipes and appurtenances per09905 6.' Prepare per SSPC SP -1 & SP -2 and finish coat structural steel, joists and pipe racks per 09905 7. Prepare par SSPC SP -7, prime and finish coat pipe supports and Interior exposed underside ofgalvanized decking for hallway room 129, exterior exposed underside of galvanized decking for Raw Water Pump Station, Operations Building, Chemical Building and High Service Pump Station per 09905 a. Prepare per SSPCSP-1, SP -2& SP�3, intermediate and finish coal exterior of hydroneumatic tank Paint 099051 9. Paint Interior gypsum board per 09905 10. Waterproofing below grade concrete wall of Treated Water Storage Tank as noted on sheet P502 per02215,2.11D SCOPE OF WORK: Additive 1. Reverse filtration waste tank. Interior prepare per SSPC SP -7 and finish coat interior. Exterior prepare per SSPC SP -1, SP -2& SP -3, intermediate and finish coat per 09905 Total Lump Sun for Project $36, 0.00 Estimated Work Days 12 Days Pa CA License No. 886430 C-33 - AZ License No. ROC256198 L-34 - NV License No. 73374 C-4 09/16/2010 TED 10:03 [TX/RX NO D0181 r3lnn, 09-16--110 FROM NCLC 9514713779 T-955 P002/007 F-176 September 16, 2010 City of Lodi SurfaceWater Treatment Facility Section 02215.2.f D,_03348.2. t A.1, 07176.3.4A, 09721 and 09905 — Field Coating Proposal Page Two EXCLUSIONS: 1. Testing, removal or disposal of hazardous materials. 2. Grinding of welds, weld splatter and sharp edges. 3. Crack, concrete and CMU repair. 4. Equipment and factory coating repair. 5. Coating for aluminum and dissimilar materials. 6. Caulking. 7. Coating of Interior, burled or encased pipe. 8. Pipe/ Valve/ Equipment Identiticallon. 9. Fusion bonded epoxy, powdercoat and wax coating. 10. Coating forHVAG and electrical. 11. Blasting or removal of shop coating. 12. Coating of existing surfaces. 13. Third partyinspection services. COMMENTS AND NOTATIONS: i. Costs for Payment and Performance Bonds are excluded. If Bonds required, add 1.6%to total bid cost. 2. All new ferrous metals are to be properlyshop prepared and primed by others (by your fabricator/Suppller). 3. Payment terms Net 30 days based on progress blilings from the date of our invoice. Retention percentage to be reduced from 10% the first 12 months, then b 5% the remaining course of the contracl. Final retention withheld due and payablewithin 30 days from our site completion. 4. Permits and fees, If required, are excluded. 5. Any repairs required to completedwork damaged by others, shall be repairedat the sole expense cf the General Contractor. 6. One site mobilization and demoblllzation Included. Site mobilization fee will be initially billed at no more than 51/6 of the total contract value. 7. This proposal is based on working straight time working hours. No overtime or premium time Is included 8. General Contractorto release sufficient areas afwork to facilitate estimated production rates. 9. Structuralsteel andjoists to be coatedprlor to installatlon of galvanized decking. 10. General Contractorto provide electricity, potablewater and sanitaryfacilities at no costto NCLC 11. Basedon mutually agreeable contractterms and conditions. 12. Proposal valid for 120 days. We hopethat you•find this proposal acceptableand we look forward i n working with your company on this project, Shouldyou have any questions regardingthis proposal, please do not hesitate to contact the undersigned, Very truly yours, NATIONA COA'i NG & LINING COMPANY Sean Donegan A Estimator Ia�Y�+5e x I t U Office: (951)171-3388 Ext. 113 Cell: (562)449-5455 Email: seandoneganwsocal-pacific.com NATIONALCOATING & LINING COMPANY 09/16/2010 THU 10:03 [TX/RX NO 90181 Z002 09-16-'10 FROM-NCLC 9514713779 T-955 P003/007 F-176 %-nucK a L1UCnsu - I,UUtrauturs 31.4W LiGCI'IJG DUUM rage I UL c rr��/I II I III rl�rill�����r��I����YY4YlrilY��rI�YM Department of (Dbrisumer Affairs All,G'OV Contractors State Lic ns+� Board Contractor's License Detail - license # 886430 & DISCLAIMER: A license status cbeck provides information'taken from the CSLB license database. Before relying on this Information, you should be aware of the following limitations. » CSLB complaint disclosure is restricted'by law QV 7124 fi) If this entity is subject to public complaint disclosure, a link for complaint disclosurewill appear below. Click on the link or button to obtain complaint and/or legal action information. >> Per RRP 7n71 17 ,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there maybe relevant information that has not yet been entered onto the Board's license database. License Number 886430 Extract Date:7/812010 .... .......... __._........ ...................... .,..:...:.,..:,,,.,..:,,::.,.::.:.:.: :::•..:,::::., �...• _.:.::,:,.• ..,•,:::.::.:.::::.,,:::•..:,..:.:.:,.:,..:.:•,,.:.....:•:.:,,.,••:,::.:.. ,,.....,:......,.. ,.._.. SOCAL PACIFIC CONSTRUCTION CORP dba NATIONAL COATING & LINING COMPANY Businessinformatlon P 0BOX 267 LAKE ELSINORE, CA 92530-9998 Business Phone Number:(951 471-3388•, •„. . . . . . . .......... . Entity. ............... corporation. ........................ ...... Issue pale ........... „........ 1,012712006 _......_..._. _. Expire Date ........................ 10/31/2010 .,_.....,.,...,.....,.....;....,,.,...,...........,......, ........ _..,,,.._........._.._._...............,...,........._....,.....,...................... License Status This license is current and active, All information below should be reviewed. ............... _........._..--..._._._._._._.._..._...._......._...... Additional Status: -----,..._...__...._.._.....,.,.....,..._..__......_...._........_.........._,................ Classifications: c33 PAINTING AND DECORATING CONTRACTOR'SBOND This license filed Contractor's Bond number 737221C in the amount of $12,500 with the bonding i) DEJEL0I ERS SURER' AND INDEMNII Y t Eff+ ate: 1/2 Bonding: Oontraotoes Bonding History SOND OF QUALIFYING 1. This license filed Bond of ilif Individual t '7372220 fc UNSELL TOMMY � in the t of a 'itl the bonding company nNFT QPFR R SURETY 7{ DN iNDEMNITY COMPANY. Effective Date: 01/01/2007 BQI's Bonding History Cq ........................ ..._....,...—...:........—.............,....,.......,.,........., ...,...,,,,., .....................I......... . This license has workers compensation insurance with the Workers' Compensation: CYPRESS INSURANCE COMPANY https://www2.csib.ca.gov/OnlineServices/ChockLicensellfLicenseDetaii.aspx?L!cNum=886... 7/8/2010 09/16/2010 THI) 70:03 FTX/RX NO 90181 U003 09-16-'10 FROM-14CLC 9519713779 T-955 P004/007 F-176 <Ikk.1+M a " LV110CWtVIJ l ar" 4 V1 : Policy Numb er:3300054680092 EfFective Date: 01/01/2010 Expire Date: 01/01/2017 Workers'Comoensation History Personnellisted on this license (current or disassociated) are listed on other licenses. ,Conditions of Use j Privary -ahoy Copyright@ 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseIULicenseDetail.aspx?LicNum=886... 7/8/2010 09/16/2010 THU 10:03 1'i'X/RX NO 90181 21004 09-16-'10 FROM-NCLC Feb 17,2010 9514713779 T-955 P005/007 F-176 state o, ra)ii, rain ' ;mpnrvnenr of 6®neral Seivires ' Arnold 90hwret'I e990 I- :�Vyerin.+r PROCUREMENT DIVISION Office of Small Business and nvse services 707 Third Street. 791 floor, Ronm 000 ' PG Box 989052 West socramonw. California 95798.9052 ' (8001550.5520 Supplier #38380 SOCAL PACIFIC CONSTRUCTION CORP 29885 2ND ST UNIT J LAKE ELSINORE CA 92532 DearSusiness Person: SB APP Congrafulations on your -certified small business status with the State of California,your certification entitles you to benefits under the state's Small Business Participation program within state contracting, Including afive percent bidding preferenceand special provisions under the Prompt Payment Act. Certificatio n Period From Feb 17,2010 to Feb 28,2011 Business Types Construction Classifications 471015- Water treatment and supply equipment 721110 - Single family dwelling construction services 721111- Multipleunftdwolling construction services 721211- Commercial and office building construction services 721218 - Industrial plant construction services 721511- Plumbing construction services 721513- Painting and paperhanging services Proof of Certification Status To verify your firm's small business certification status go to httONA a Proeum des. g, t.>.raf >'tt htm and select "89/DV5E Search." Annual Submission Requirement To maintain your certified status, you mustannually submit to the office of Small Business and DVBE Services (C)SIDS), proof of annual receipts and proof of employees foryou r f[rm and each of your affiliates (ifinq) , Proof of Annual Rece[ats 09/36/2010 THU 10:03 [TX/RX NO 90181 Q005 09-26-'10 FROM-NCLC 9514713779 T-955 P006/007 F-176 Certification Renewal A renewai application will be mailed to you priorio the expiration of your small busioes: certification. tf VOL; do not receive an appiication, ptnmse call us so that you may lamely renew your certification. U you have any questions, please contact me at 800.559,5529 (Procurement Division receptionist) or SUX5.4940 (0505 receptionist),by email demeshia,swanson@dgs,cu.gov or by fax 916,375.4950. The Procurement Division oversees many programsthat further state contracting participation. For more information regarding these programs. visit our website atwww.pd.dgs.ca.9ovlsmbus or visit the Procurement Division's website at www,dgz,ca.gov/pd. Sincerely, .Demeshla Swanson Certification Officer 011ficeofSmall Business and DVBEServices 09/16/2010 TAU 10:03 ITY/RY NO 90181 @Jo06 09-16—'10 FROM—NCLC 9514713779 T-955 P007/007 F-176 CalifomiaCeftifification Report - p. 1-Gemmied on Mar 15,2010 California Certification Re Legol Business Name SOCAL PACIFIC CONSTRUCTION CORP Doing Business As SOGAL PACIFIC CONSTRUCTION CARP Address 28885 2ND ST UNIT Phone (951) 6741030 LAKE ELSINORE. CA 92532 FAX (961) 674-8124 Email Cony@socai-pacific.com Web Page Active Cerfifiemtions SB Feb 17, 2010 - Feb 28, 2011 Puovss Types Consuucdon; Clasgiticatinns 14710151 Water treatment and supply equipment (7211101131n& family dwettkig construction services [7211111 Multiple unit dweiiing construction smAces 1721211] ComraereM and office building construction services [721211 Induabial punt construction services 1721511] PfumWg oonstruction services 17215131 Painting and paW hanging services Keywords GENERAL ENGINEERING GENERAL CONTRACTOR PAINTING AND DECORATING 09/16/2010 TITU 10:03 [TX/RX NO 90181 1007 CITY OF LODE, CALIFORNIA REQUISITION ORDER 11MCM EESEHTTO CITY CF LODI ORDERDATE Accounts Payable F.O.B./SHIP VIA FOB - Our Dock Budget Division Purchasing PO Box 3006 Lodi, CA 95241-1910 (209)333-6778 Page No. 1 Date 09/28/10 Purchase order 322-000 OR u+.._.1 3 Buyer SHIP TO Pall Corporation, City of Lodi Surface Water Treatment Facility 2001 West Turner Road Lodi CA 95242 Vendor# 1 3 REQUESTORI Gary Wiman, Const. Proj Enct. 209.333.6800 ext. 2054 DESCRIPTION QUANTITY UM UNIT PRICE UM TOTAL PRICE Provide Membrane Filtration —System For t e DATE Surface Water Treatment Facility as per the Procurement Specifications for Membrane Filtration System dated June 2D10 and the attached Revised Section #1 and Addendum #1 dated August 31, 2010. Proposal signed September 15, 2010 and received by the City of Lodi on September 16, 2010. Design Engineering Services 1 LS 150,000.0000 LS 150,000.0 (Shop Drawing Preparation, Submittal), and Approval y Engineer. Complete Membrane Filtration 1 LS 3,302,159.0000 LS 3,302,159.0 System as specified in ection 11301. special services, including 1 LS 121,475.0000 LS 121,475.0 ravel, installation assistance (40 hours on site minimum), operator training (16 hours on site raining minimum), start-up (24 hours minimum), and testing (24 hours minimum), s specified in Sections 01650 and 11301. Delivery to SWTF Site 1 LS 36,555.0000 LS 36,555.0 TERMS TAX RATE SALES TAX TOTAL AMOUNT OF ORDER APPROVED BY DATE PLEASE SIGN& RETURN THE ATTACHED ACKNOWLEDGEMENT,�� IF THE ACKNOWLEDGEMENT REQUIRED BOX IS CHECKED.`- CITY OF LODI, CALIFORNIA Page No. 2 Budget Division Date 09/28/10 Purchasing 322-000 OR Purchase Order REQUISITION ORDER Lodi CA 95241PO Box /910 Fund 3 (209)333-6778 Buyer INVOICE TO BE SENT TO: CITY OF LODI Accounts Payable ORDERDATE F.O,B./ SHIP VIA FOB - Our Dock PO Box 3006 SUPPLIER CONTACT Lodi, CA 95241-1910 Pall Corporation 25 Harbor Park Drive Port Washington NY 11050 SHIP TO City of Lodi Surface Water Treatment Facility 2001 West Turner Road Lodi CA 95242 Vendor# 3 REQUESTOR Gary Wiman, Const. Proj . Eng. 209.333.6800 ext. 2054 DESCRIPTION QUANTITY UM UNITPRICE UM TOTAL PRICE 3onds and Insurance coverage required )er the Procurement Agreement. )elivery schedule to be coord:iated iurface Water Treatment Facil:. ;onstruction Contractor and al; Irocurement Agreement Schedul(: as with the ;y Project required by the TERMS Met 30 Days et 30 Days TAX RATE SALES TAX TOTAL AMOUNT OF ORDER 8.750 315891.53 3,926, 080.5 APPROVED BY DATE SURFACE WATER TREATMENT FACILITY PALL MEMBRANE FILTRATION SYSTEM SECTION 1, PAGE 1 Procurement Documents A) Reauest For Proposal 1) The City of Lodi requests a proposal for the purchase of Pall Membrane Filtration System for the City of Lodi Surface Water Treatment Facility (SWTF) as described and required in these documents for a complete and operational system. 2) Proposal shall be plainly marked "Proposal—SurfaceWater Treatment Facility". Proposal is due by 5:00 p.m. on September 17, 2010. 3) Proposal shall be submitted To: City of Lodi Public Works Department c/o Gary Wiman (if delivered by FedEx, UPS, or courier): 221 West Pine Street Lodi, CA 95240 (if delivered by mail): P O Box 3006 Lodi, CA 95241-1910 4) Questions should be directed to Gary Wiman, Construction Project Manager, at (209) 333- 6706, by fax (209) 333-6710 or email at gwiman@lodi.gov. B) PROPOSALFORM 1) The proposal form is included in Section "N". 2) The proposal must be signed with the full name and address of the supplier, by an authorized representative of the company. C) Contract 1) The Contract Documents include all the documents included with this request for proposal; including but not limited to: a) Section 1 Procurement Documents b) General Conditions c) Performance Bond Form d) Section 00301 Parameters e) Section 01010 Summary of Work f) Section 01340 Submittals g) Submittal Transmittal Form h) Section 01600 Shipment i) Section 01650 System Start-up j) Section 01664 Training k) Section 01700 Contract Closeout 1) Section 01730 Operation m) Section 01740 Warrantee n) Section 11301 Integrated Membrane System o) Appendix A — P & IDs 4-1 Revised 8-31-10 SURFACE WATER TREATMENT FACILITY PALL MEMBRANE FILTRATION SYSTEM SECTION 1, PAGE 2 Procurement Documents 2) Contract will be a lump sum price. 3) The Contract may include alternate/optional pricing items. 4) The supplier will be issued a purchase order for the purchase and delivery of the equipment included in the contract. 5) The supplier shall furnish a faithful performance bond in the amount of one hundred percent (100%) of the purchase order price. The form of the bond shall be as shown in these contract documents and shall be provided by a bonding company licensed to issue such bonds in the State of California. D) DELIVERIES OF SUBMITTALS AND EQUIPMENT 1) All submittals shall be delivered to: City of Lodi Public Works Department Attn: Gary Wiman 221 W. Pine Street Lodi, California 95240 during norma( receiving hours, 8:00 a.m. —5:00 p.m., Monday through Friday, excluding holidays. a) Supplier shall prepare and submit six (6) sets of all submittal data required by the City of Lodi, including, without limitation, all shop drawings, product data, performance information, or other submittals ("Submittals"), Submittal Part 1: shall be within forty- five (45) calendar days of issuance of a purchase order by the City of Lodi. Supplier shall have fourteen (14) calendar days to resubmit the Part 1 Submittal after receipt of the returned submittal. Submittal Part 2: shall be within forty-five (45) calendar days of receipt of the approved part 1 submittal. Supplier shall have fourteen (14) calendar days to resubmit the Part 2 Submittal after receipt of the returned submittal. b) It shall not be incumbent upon City of Lodi to discover any mistakes, errors, or deviations from the requirements of the Contract in the Submittals. Supplier shall specifically identify any deviations in the transmittal document accompanying the Submittal. Final approval of Supplier's Submittals shall not relieve Supplier from responsibilitiesfor unauthorized changes, deviations, omissions or other errors of any sort, or the failure of the materials to comply with the Contract requirements. Any requested re -submittals shall be made within the time designated by City of Lodi. The time for equipment delivery shall not be extended for delays in the submittal process unless City of Lodi grants such a time extension. Supplier shall also timely furnish Operations and Maintenance manuals in accordance with the requirements of the City of Lodi. 2) All equipment shall be delivered to: City of Lodi Surface Water Treatment Facility 2001 W. Turner Road Lodi, Ca 95242 a) Supplier shall deliver all of the equipment covered by this Purchase Order to the Lodi SWTF no later than one hundred twenty (120) calendar days after Supplier's receiptof approved submittal Part 2 or written release for manufacturing from 1-2 Revised 0-31-10 SURFACE WATER TREATMENT FACILITY PALL MEMBRANE FILTRATION SYSTEM SECTION 1, PAGE 3 Procurement Documents the City of Lodi. Supplier must also ship any items that are embedded in concrete or installed below grade no later than thirty (30) calendar days after written release for manufacturing from the City of Lodi. Delivery schedule shall be coordinated and may be altered by mutual written agreement to meet the SWTF project construction schedule. b) All equipment and materials shall be shipped F.O.B. Lodi SWTF. c) Supplier shall coordinate with the Owner's installation contractorfor the exact delivery schedule for the various parts and pieces of equipment as needed to meet the contractor's construction schedule. d) Supplier shall include a line item in the proposal for storage of equipment, prior to shipment, should the SWTF project encounter delays. Such storage shall be for a period of 6 months. e) Supplier shall not be liable for unavoidable delays in shipment of equipment and materials caused by, but not limited to, acts of God, acts of the City of Lodi, acts of public utilities, fire, flood, epidemics, strikes, provided the Supplier notifies the City of Lodi in writing of any unavoidable delay. No time extension of shipments will be granted from the City of Lodi unless this notification is received in writing within ten (10) calendar days following occurrence. 3) The Supplier shall have a total of 238 calendar days from issuance of the Purchase Order to delivery cf all equipment, as stated in items 1 and 2 above, not including 21 days for Owner review of submittals as stated in the Submittal Specification Section. The Days are calculated as: Part 1 Submittal: 45 days Resubmit Partl Submittal: 14 Days Part 2 Submittal: 45 Days Resubmit Part 2 Submittal: 14 Days Fabrication and Deliverv: 120 Days Total Supplier Contract Days: 238 Calendar Days E) PRICES 1) All quoted prices for the Proposal shall be current and firm for at least 90 days after date of proposal. F) DEFINITIONS 1 )oWhenever the following terms, pronouns in place of them, or initials of organizations appear in the contract documents, they shall have the following meaning: a) Days —"Days", means calendar day. b) Furnish — "Furnish", means the manufacture and shipment of materials to the jobsite. c) Install — "Install", wherever and in whatever manner used, shall mean the installation complete in place of any item, equipment, or material. d) Installation Contractor — "Installation Contractor" means the entity that shall be responsible for the installation of the materials and equipment covered under this contract. 1-3 Revised 8-39-10 SURFACE WATER TREATMENT FACILITY PALL MEMBRANE FILTRATION SYSTEM e) Proposer— "Proposer" shall mean Pall Corporation SECTION 1, PACE 4 Procurement Documents f) Supplier — "Supplier", shall mean an individual, partnership, firm, or corporation, or legally constituted Joint Venture entering into an agreement with the Owner, Contractor or subcontractor for furnishing a portion of the work which requires no labor at the job site for the purpose of installing any item, equipment, or material supplied, other than common carriers with the exception of certain specified on-site services as may be described herein. g) Owner — "Owner" wherever and in whatever manner used, shall mean the City of Lodi, California. h) Provide— "Provide", wherever and in whatever manner used, shall be understood to mean provide complete in place, that is, furnish and install. C) SALES AND USE TAXES 1) All quotations submitted shall include 8.75% California Sales or Use Taxes, and all sales shall be subject to California Sales or Use Taxes in effect at the time of transaction Sales Tax must be shown on a separate line item of the proposal. SFr) Contractor shall obtkini aY esafiob ,itv S ub4let rnit F`cE that local `ea;te,, tax may 1.;C- ,,, loca ted to they Gity t.A I odfl. t of assistant( cit is>suc rek�,Aed to this item Contac Jordan Ayers Deputy City Ma!11g61/Irrtc-1rra' Seivices City of I ool 221 Cru Fine Street I odi CA 95240 MM I ss} (207 )) :333-6807 E -Mail jay(-: rs@1odi.(1ov a) betel rdule "F is attach(. d H) PAYMENTS 1) Invoices shall be submitted only for items and quantities ordered for release and delivery, and delivered subsequent to such order release, and shall indicate sales or use taxes as separate items apart from the cost F.O.B. point of delivery. Purchaser's item description and release number shall appear on all invoices. All invoices shall be rendered in duplicate. 2) Full payment by the purchaser shall not release supplier of the responsibility to fully carry out all bid obligations nor be construed by supplier as acceptance of the work hereunder by purchaser. 3) Work included in this contract shall be paid for as follows: Work Item Percent of Contract Price 1-4 RR vis d, -31-10 SURFACE WATER TREATMENT FACILITY PALL MEMBRANE FILTRATION SYSTEM Work Item I) GUARANTEES SECTION 1, PAGES Procurement Documents Percent of Contract Price 1) In addition to any or all guarantees mentioned elsewhere herein, the supplier shall replace, at no expense to the City of Lodi, any materials or equipment that contain defects due to faulty material, workmanship or design, within a period of two (2) years after the materials or equipment have been accepted by the City. The guarantee shall include all shipping and transportation costs associated with the repair or replacement of materials. 2) Where manufacturers' warranties exceed two years, said warranties shall remain in effect for the full period of the warranty. J) PURCHASES 1) Any transaction made pursuant to this proposal and subsequent contract shall be covered by City of Lodi Purchase Order, and all terms included in the Proposal, and Specifications, shall be binding. K) LIQUIDATED DAMAGES 1) Time is of the essence and the Contract will contain liquidated damages of $300.00 per day for late submittals and $1,000.00 per day for late equipment delivery. See EQUIPMENT SUBMITTALS AND DELIVERY for contract time schedule. L) Acknowledgements: 1) Proposer accepts the mutually agreed upon provisions of the Project Manual as to liquidated damages in the event of its failure to furnish the Membrane System in accordance with the schedule set forth in the Project Manual. 2) The Proposer acknowledges that they are a provider of a membrane system that incorporates proprietary design features. The Proposer recognizes that because of inherent differences in the proprietary membrane, the Project Manual includes both equipment that is proprietary to the Proposer and requirements for equipment that is used in municipal water treatment plants. The Proposer shall include all items necessaryfor a complete and operational membrane filtration system. 3) The Proposer acknowledges that during the development of the Proposal, the Proposer has established design, operational and equipment requirements specific to the Project. The Proposer warrants that the establishment of such design criteria is based upon the water quality data provided and/or site-specific considerations of the City. 4) The Proposer acknowledges that they have reviewed the specified design criteria and that the Proposal offered will meet the design and operational criteria as described in the Project Manual. In submitting the Proposal, the Proposer agrees to provide the Membrane System to meet or exceed the requirements required by the Project Manual. 1-5 Revised 8-31-10 SURFACE WATER TREATMENT FACILITY PALL MEMBRANE FILTRATION SYSTEM SECTION 1, PAGE 6 Procurement Documents 5) The Proposer acknowledges that to provide the City with operating cost information; the Proposerwill include a life cycle cost evaluation as described in Section 00301. 1) 's Representations: 1) In submitting this Proposal, Proposer represents that: a) Proposer has examined and carefully studied the Project Manuals, the other related data identified in the Project Manual, and the following Addenda, receipt of all of which is hereby acknowledged. Addendum No. Addendum Date 1 8130110 Attached. b) If specified, or if in Proposer'sjudgment, any local condition may affect cost, progress or the furnishing of the Membrane System, Proposer has visited the Project Site and become familiar with and is satisfied as to the local conditions that may affect cost, progress, or the furnishing of the Membrane System. c) Proposer is familiar with and is satisfied as to all federal, state and local Laws and Regulationsthat may affect cost, progress and the furnishing of the Membrane System. d) Proposer has carefully studied and correlated the information known to Proposer, and information and observations obtained from Proposer's visits, if any, to the Project Site with the Project Manual. e) Proposer has given Engineerwritten notice of all conflicts, errors, omissions, ambiguities, or discrepancies that Proposer has discovered in the Project Manual, and the written resolution thereof by the Engineer is acceptable to Proposer. f) The Project Manuals are generally sufficient to indicate and convey understanding of aii terms and conditions for furnishing the Membrane System for which this Proposal is submitted. g) Proposerfurther represents that this Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any Proposals or rules of any group, association, organization or corporation; Proposer has not directly or indirectly induced or solicited any other Proposerto submit a false or sham Proposal; Proposer has not solicited or induced any individual or entity to refrain from Proposal; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over the City. 2) The undersigned Proposer proposes and agrees to furnish the Membrane System as specified or indicated in the Project Manual for the prices and within the times indicated in this Proposal and in accordance with the other mutually agreed upon terms and conditions of the Project Manual. N) Procurement Proposal: Procurement of Membrane Filtration Equipment and Special Services: Cost for complete Membrane System as specified in these contract documents for the City of Lodi Surface Water Treatment Facility. 1-6 Revised 8-31-10 SURFACE WATER TREATMENT FACILITY PALL MEMBRANE FILTRATION SYSTEM SECTION I ,PAGE 7 Procurement Documents ITEM NO. DESCRUMON UNITTY PRICE TOTAL 2 Complete Membrane Filtration System as specified in Section 1 1301. LumpSum 1 $ Special services, including travel, installation assistance (40 hours on site 3 minimum), operator training (16 hours on site training minimum), start-up (24 hours minimum), and testing (24 hours minimum) as specified in Sections 01650 and 11301. On site hourly labor rate 4 Delivery to SWTF Site 5 Sales Tax Lump Sum 1 $ Hour $ LumpSum 1 $ LumpSum 1 $ 555 $3� TOTAL Proposal (Items 1, 2, 3, 4 and 5) COST $ 1� C� g �` -' `nor `th\rcr\C" .Icex - l.—V� W �ovSc.CA eat orQ Dollars (words) %13 ki SUPPLIER: By: C Date: Title (CORPORATE SEAL) SEP 16 2010 CITY OF LODI PUBLIC WORKS DEPARTMENT 1-7 Revised 8-31-10 BOE -531 -F (BACK) REV. 5 (7-04) SCHEDULEF 11 ' Wf",_ General: Schedule F is used by various industries to allocate the local sales and use tax to the properjurisdiction pursuant to the Revenue and Taxation Code. See below for the type of business for which you are reporting local tax. Section 7205.1 of the Revenue and Taxation Code provides that lessors of motor vehicles must allocate the local tax due on certain leasesto the jurisdiction of the new motor vehicle dealer from whom the lessor acquired the leased vehicle on Schedule F. The following chart summarizes the Schedule F reporting requirements for leases of motor vehicles* purchased from a new motor vehicle dealer: California lessor (other than a new motor vehicle dealer or "leasing company as defined Out -of -State lessor California dealer s sales location (Schedule t ) California dealers sales location (Schedulef) Other Important Information Regarding Lmases lessor's sales location Lessee s place of iegistration (Schedule fl) Assigned [mases. The place of allocation will remain the same for the duration cf the lease, even if the lessor sells the vehicle and assigns the lease contract to a third party. Accordingly, if you are a lessor who assigns lease contracts to another lessor, you are required to provide the lessor with copies of the original purchase contract for each vehicle and/or copies of prior schedules showing how the use tax has been allocated. Courtesy Deliveries. If a lease by an out-of-state lessor involves a courtesy delivery from an in-state inventory by a California new motor vehicle dealer, the 1% conibiried state and local use tax on that lease should be allocated on Schedule F. Special Tax Districts. Section 7205.1 does not affect the application of district taxes reported on Schedule of your sales and use tax return. The district use tax due on motor vehicle leases continues to be allocated to the place where the vehicle is registered. Purchases arldlor Sales of $500,000 or More, Subject to Use `l`a ® Persons Making Sates in interstate Commerce to California Customers Sales of goods delivered in interstate commerce with title to the property passing to a California purchaser at a point outside of California are subject to 1 % combined state and local use tax. For transactions of $500,000 or more, by sellers engaged in business in California, the 1% combined state and local use tax should be reported on Schedule F to thejurisdiction where the goods are delivered. Sellersnot engaged in business in California but who voluntarily collect and report use tax may report the 1% combined state and local tax on transactions of $500,000or more on Schedule F, but they are not required to do so. Persons Making Ex -tax purchases of $500,000 or More*00 A person who purchases tangible personal property without payment of the 1 % combined state and local use tax is liable for the combined state and local tax on such purchases. If the purchase price is $500,000 or more, and the property is first functionally used at a location for which a seller's permit is not required, the 1% combined state and local use tax should be reported on Schedule F. You can obtain a Schedule F and manyother forms from the Board's website at www.boe.ca.gov. If the property is used at a location for which a seller's permit is not required, and is a purchase of less than $500,000, report the amount on Schedule B, Detailed Allocation by County of the 1% combined state and uniform local sales and use tax. IF YOU HAVE QUESTIONS REGARDING THE COMPLETION OF THIS SCHEDULE, PLEASE CONTACT OUR INFORMATION CENTER AT 800-400-7115. ooL-om-F(Fouw-0REV 5(7-04) SCHEDULE F~DETAILED ALLOCATION BY CITY STATE OF CALIFORNIA OF BOARD 0yEQUALIZATION FOID PLEASE READ INSTRUCTIONS wmREVERSE WORE K217PAeNG THISmmWULE 1. Using the Ustingmcities and tax area codes for Schedule F,eOE-531w'locate »otax area code for the mtylumncorporm area for each location. 2. Summarize the /%combined state and local use tax due bylax area code. o. Enter the tan area cadets) and total /% combined state and local use tax due m,^^^ocity/unincorporated tax area code. Fl Enter the total 196combined state and local tax reported inColumn(s)8above. F1 a)Uyou are required ovfile aSchedule B.enter the amount from line r1above online axofSchedule a b>xyou are required ovfile aSchedule E,enter the amount from line r1 obovoonline sov[Schedule c c) |fyou are not required tofile Schedule 8orE.continue 0olines FrmFo. rz. Enter the 1vacombined state and local tax reported on Schedule C'm1mcombined state and local tax on re. D USE TAX RETURN - MAKE 00 �� 104 TAX AREA CODE (5 digits) TAX AREA CODE, (5 digi15) 4-1 )STATE AND LOCAL TAX 1% COMBINED STATE ANDLOCALTAX TAX AREA CODE (5 digits) 1% COMBINED STATE AND LMALTAX -.00 -.0fl- 00 Fl Enter the total 196combined state and local tax reported inColumn(s)8above. F1 a)Uyou are required ovfile aSchedule B.enter the amount from line r1above online axofSchedule a b>xyou are required ovfile aSchedule E,enter the amount from line r1 obovoonline sov[Schedule c c) |fyou are not required tofile Schedule 8orE.continue 0olines FrmFo. rz. Enter the 1vacombined state and local tax reported on Schedule C'm1mcombined state and local tax on re. D USE TAX RETURN - MAKE 00 �� 104 1301--531 (MON 1) RE: V. 6 (1-0!) SCHEDULED -- DETAILED ALLOCATION DY COUNTY OF 1% COMBINED STATE AND UNIFORM LOCAL SALES AND USE TAX S I A Tt 01 CAl_II-ORNIA BOARD OF EQUALIZATION EOID I r0l.1111 AccoutaT rte. PLEASE READ INSTRUCTIONS ON BACK Rf-FORE PREPARING THIS SCI EC)UL6 Combined state and uniform Axal sales and use tax on retail sales of merchandise (.not involving installation) madeat yotir permanent place of business in California or combined state and local tax on properiv purchased ex -tax and used at this place of business should be entered on line 132 below the county scheduke. A [) C A B C COUNTY IN WHICH TAXABLE TRANSACTION OCCURRED CGDE AMOUNT OF I% COMBINED STATE ARID LOCAL TAX COUNTY IN WHICH TAXABLE TRANSACTION OCCURRED CODE 31 32 33 AMOUNT OF 1% COMBINED STATE AND LOCAL TAX ALAMEDA ALPINE AMADOR 01 02 03 .00- 00 .00 PLACER PLUMAS RIVERSIDE .00 .00 AO BUTTE 04 CALAVERAS 05 -----�------- _--------- _...__._ COLUSA 06 CONTRA COSTA 07 _`�----_-- .00 �e-- �.00 _.. _. .00 -------- .00 SACRAMENTO ------ SAN BENITO -.-_______ _-__-___._ SAN BERNARDINO SAN DIEGO - 34 --� 35 _ 36 ----.--.._.�_ -- .00 .00 .00 - 37 ---------------------------- ,00 - ------.._..---------- - - DEL NORTE ----- 08 ----- ----- ---_.- - - - -.-__ .00 .._..-----__..__---------- SAP FRANCISCO 3% 39 .00 .00 _ EL DORADO 09 ,00 I SAN JOAQUIN __-.-_----- -.__-- FnESNO ----._ - -_ 10 _._..--------_----.___..__.__._ - _ .00 SAN LUISOBISPO 40 .00 GLFNN 11 .00 SAN MATEO 41 42 .00 ,00 HUMBOLDT 12 00 SANTA BARBARA IMPERIAL 13 .00 SANTA CLARA 43 .00 INYO ----- ---- - --------------------- KERN KINGS 14 15 16 .00 00 .00 SANTA CRUZ SHASTA SIERRA 44- 45 46 .00 .00' .00 LAKE 17 ,00 SISKIYOU 47 .00 LASSEN 18 00 SOLANO 48 .00 ----------__._.- LOSANGELES 19 20 .00 SONOMA STANISLAUS 49 .00 MADERA .00 50 .00 MARIN 21 .00 SUTTER 51 .00 _---._.---.._---- MARIPOSA _-__-------------__.__.____......... -------- .00 -_ TEHAMA 52 .00 MENDOCINO - - !- 23-�- MERCED 24- ---- v -- .00 00 TRINITY ----- -- - TULARE -=53--�V 54 -- - ,00 .00 MODOC 25 .00 TUOLUMNE 55 .00 --- ----------------- MONO - -- 26 -- ----- ------------ �._ 00 VENTURA 56 _____--_----------------- .00 MONTEREY NAPA 27 28 .00 .00 YOLO YUBA 57 58 .00 .00 NEVADA ORANGE 29 30 .00 .00-- B1. Total 1% combined state and local tax for allcounties listed above ............. 82. Total 1 %combined state and local tax on sales made and merchandise consumed at your permanent place of business in California.(Do not include any tax alk"left to the afwye ccxnrfies) .-- ..-................................................................. Bl. $ BOARD cxf USG ONLY - - -� Ew. Tax Area Ce f34. Total l% combined state and local lax reported on Scheduler I .......................................................... F35. 1 oral 1 % combined state and local tax liability (add linos 81, 62, 83. end 84) This tntat tax must agree with fine 17 on the return form...................................................................... M iol B4.$ .00 85. $ ...........I ............. - M Exceptions & Clarifications Addendum #1 August 31, 2010 roject Title/ Location Lodi, California Specification Sections Au S Specification Dated 1 -Jun -10 Specification Addendum Nurse Original Issue Date: 30 -Jun -10 Current File Revision is: 00 No. Specification Reference Comment Category Specification Statement of Concern Disposition Comments HDR/CITY Response Section Page Paragraph No. 1 11301 14 2:.4 C 4 f 6 rr air Spare connections on DIT air line to allow Buyer Exception Pall's system does not have this function. Pall does not to attach an air hose to the line for testing of recommend additional tie in to the air tine because of leaking modules potentialof foreign debris. Also, this is not reguiredfor Pall /agree -will be deleted by IT process. turn, 2 11301 19 21.6.D.1.f.2.b Unit PLCs ....an alarm shall be annunciated from the Unit Exception Taken to mean a PLC is to be present on each filtration PLC to the System PLC. sed) control architectureincludesa 6��Eas amaster control panelwith distributed vagree - will clarify by a as necessary. PALL standard is to providean Ethemetoort for connection inddendum. 3 111301 2 1.2.EA4.a PLC Coordination Coordinate interfaces of furnished PLC and other Clarification Buyer provided PLC and SCADA to plantscada system. The connection and any required Lccepted r r equipment. inte rationis bv others. 4 11301 20 :t7 F3 Process Initiation of the storage and flushing of the Unit Clarification The MF unit holdup procedure is not a standard built-in shall be automatic upon initiation by the operator function. However, it is usually done with an aborted EFM procedure which requires minimal input from the operator. Accepted 5 11301 24 2.6. N.4.3.a Chemical Transfer Provide units capable of both hand control at Clarification Hand control at the pump is not provided. Manual or hand Frump Controls pumps and automatic control via 4:20 mA input control can be accomplished at the solenoid valve manifold from the Sellers and/or plant control system. for the pump. Automatic control from the plant control system is part of the system inte rationwhich is by others- Accepted 6 11301 21 11.6. Skids Provide common, lipped base plate mounting for Clarification Lipped baseplates not provided on all pump skids. equipment and equipment motorwhere said mounting is a Seller's standard option. Provide drain connection for 3/4 IN PVC tubing. Accepted 7 11301 24 2.7 N 5 hump accessories Calibration column Clarification Calibration columns are not shown on the drawings so Pall assumes that they are not required. Since a flowmeter is provided for each chemical, a calibration column will not be Agree -will clarify by necessary. addendum. 8 11301 26 ;3.a.1) XLPE Tanks 1) Function: MF Backwash Sequence, CIP/EFM, Clarification XLPE tanks not recommendedfor our chemical solution Will change to HDPE by Neutralization (XLPE). tanks. addendum. 9 11301 29 2.6.0.4.b.1 Compressor Controls Equipment shall include an integral control Clarification The compressor control panels are as provided by the panel containing al switches and operafional data compressor manufacturer. displays for temperature dew -point, motor overload status, hour run meters, and Dew point is measured in the common compressed air line service indicators. priorto the air receiver. Monitoring of the dewpoint is Dew point is on Pall CP rot accomplished by the filtration system plc. the compressor CP. Pall Exception& clarification response 8-31 -1 0.x1s Page 1of6 )ecification Addendum None Specificatic Reference Comments HDR/CITY Response N0. :omment Category Specification Statement of Concern isposition Section Page 'aragraph No. 10 ", 1301 29 7 Q 3 a it dryer Rateair dryers in accordance with the standard -xception The dryers internal to the Atlas Copco compressors do not rating conditions of the National Fluid Power Association for class H dryers meet NFPA. This is usually not a requirementfor municipal Iwater plants. Agree - will clarify by addendum. 11 11301 29 7 Q 4 b 2 it compressors Oil -free or oil -less design Exception 1 The lubricant used on Pall's standard Atlas Copco ;Specification allows for food compressors are food grade. Please accept. 1gradeoil if approved by CDPH. 12 11301 29 7 Q 4 b 4 it compressors Vibration isolators larification Vibration isolatorscalled out hereare for reciprocating machines Vibration isolatorsare internal to the Atlas Copco compressors. Specificationtypo"internal" to"intervar'. Accepted 13 '11301 29 7 Q 4 c 2 it receiver A separate ASME code air receivershall be :larification Pall's system only needs 1 air receiverfor proper operation. supplied for control and instrumentation air Up sizing the receivercan alterthe compressor loading and systems for membrane system that use air in the unloading settings. Accepted - one receiver backwashin of the membrane shown on the P&ID 14 11301 3 2.K.7.a aseline permeability Baseline permeability of no less than 10 GFD/psi Exception The expected baseline clean permeability will be in the 7-9 Pall to revise to 9 to 10 GFD/psi range. GFD/psi range. 15 '11301 3 5.B.1.c Jet Testing Requires certification of wet testing of each :larification Wet testing done as site of module manufacture, not module conducted at the Su lien's facilities. necessarily Pall's fabrication facility. Accepted 16 11301 31 8.A.9.c lotor Efficiency Meet NEMA MG 1 (NEMA Premium) efficiencies. Exception Air compressor system not supplied with premium efficiency motor. Accepted 17 11301 33 9.13 LC Architecture There will be 8 major membrane system control Exception Taken to mean a PLC is to be present on each filtration panelswith inputloutputas follows. These panel skid. PLCs shall be interconnected with Ethemetto the Master PLC in the Master Filter PALL standard control architecture includes a single PLC Intentof documents is 1 Control Panel. located in a master control panelwith distributed VO in the master PLC with RIO process area as necessary. panels as needed. 18 11301 35 10.A 'lant Integration Buyer will providea Plant SCADA System for :larification Pall has included 100 Hours of programming integration. monitoring and control of plant systems not Any work requiredabove this scope will charged as an furnished by Seller. Membrane Filtration System adder. This will allow adequate labor per scope of work monitoring shall be integrated into this plant requested Accepted - Pall will not be SCADA System. programmingor configuring 1. The HMI will provide central monitoring and the plant SCADA. They control capabilities for the entire plant; for all need to provide PLC Seller furnished systems as well as for systems register informationto the furnished by others, including25 remote City plant integrator and wells. assistance on SCADA screens. 19 1130.1 35__J .10.C.2 )IT Hardware Provide an integral operator interfacefor local ',lar cation PALL will provide a single operator interface located in the data and alarm indication. main control panel. No operator interfacewill be provided at the individual filtration skids. Accepted Pall Exception& clarification msponse8-31-10.xis Page 2 cf 6 Exceptions & Clarifications roject Title/ Location Lodi California oecification Sections II ecification Dated Alun -10 oecification Addendum Addendum #1 August 31, 2010 Original Issue Date: 30 -Jun -10 Current File Revision is: 00 None INo.Section _Specification Reference Page (Paragraph No. Comment Category Specification Statement of Concern Bushing will not be allowed Disposition Clarification Comments Pall's standard design uses a minimum numberof bushings HDR/CITY Response 20 11301 36 2.12 A 6 Piping to change line sizes. There are only a few on each valve rack and they are all 1" or smaller. They are also used for pipe size change on transferskid and circulationskid ifthey are required. Accepted 21 11301 41 2.12.6.1.b Limit Switches and Automated system valves shall be provided with Exception Not all automated valves provided by PALL are equipped Beacons pneumaticvalve operators, limit switches, and with limit switches. See P&ID for locations. beacons. CLARIFICATION: Valve actuators supplied by PALL are provided with visual position indicatorsthat complywith the intent of the beacon requirement. Acc ted 22 11301 41 2.12.6.3.c Manual Valve Actuator shall include mechanical visual position Exception The valve actuators provided by PALL can be manually Override indicators, and the indicatorsmust be able to be operated (no PLC control) at the solenoid manifold given removed easily thus exposing the output shaft for that compressed air is available. use of manually overriding the actuator when needed. Manual override at the actuator is not available. Accepted 23 111301 44 3.3.A.1 Related Divisions Installation checks will be performed on all Exception Section listed in ToC but not included in specification. equipment specifically required in detailed specifications as described herein and in Section 01650. Accepted by Pall 24 1'1301 45 E1.3 G Testing Equipmentvibration and monitoring testing Clarification Pall would preferto have this testing remove from our scope as this is not a standard offering. However, it can probably be done for an adder. Accepted 25 1.1301 45 3.3.D Motor Testing After installationand priorto energizing the motor, Exception Typically provided by electrical installation contractor, not orovide insulation resistance test of all motors 100 included in Pall's scope. HP and above. Accepted 26 11301 45 f3.3.F & G Vibration Testing F. Subbase that supports the equipment base Exception Typically provided by electrical installation contractor, not and that is made in the form of a cas?iron or steel included in Pall's scope. structurethat has supporting beams, legs and cross member that are cast welded or bolted. shall be tested for a natural frequency of vibration after equipment is mounted. Accepted 27 11301 47 ,3.7A.5 Acceptance Test Buyer's assistance will be available only for Clarification Taken to mean PALL is required to be presentfor the entire process decisions. Seller will perform all other 30 day test period. Pall will provide support but not be on functions including but not limitedto equipment site. operation and maintenance u nti I successful completion of the Acceptance Test. Buyer may assist Seller with equipment maintenance at Some on-site time will be Seller's expense. needed, if problems occur. Pall Exception& clarificationmsponse 8-31-10.xls Page 3 of 6 Exceptions & Clarifications Addendum ##1 August 31, 2010 Project Title/ Location Lodi, California Original Issue Date: 30 -Jun -10 Specification Sections AlI Current File Revision Is: 00 Specification Dated 1 -Jun -10 pecifi_cation Addendum N one Specification Reference Comments HDR/CITY Response No. Section Page Paragraph No. Comment Category Specification Statement of Concern Disposition 28 ' 1301 8 1.6.A.3 Chemicals Chemicals and supplies (other than normal Exception Pall does not provide chemicals for plant start-up due to chemicals) from the time Demonstration Testing procuring and logistical issuesshipping chemicals. and Acceptance Testing begins until acceptance Contractor to provide. of the Work by Buyer. Seller is responsible for Specification states that coordination of chemical supply and costs normal chemicals are to be associated with required chemicals and supplies. paid by Buyer. Will clarify by addendum that any special chemicals needed for start- up are paidfor by Seller. 29 '1650 2 1.4 A 4 Chemicals Chemicals during Acceptance Test by Exception This is usually provided by the GC. It is difficult for Pall to Manufacturer work out arrangementwith local chemical vendors. Pall can reimburse the cost for chemical specked but coordination work will be by others. See 28. 30 01740 6 5 Warranty if 1 rack exceeds may IT failure the Owner Clarification Pall would preferto modify the statementto tie to fiber reserves the 6& to replace all modules on that lbreakage instead of IT failure. A leaking clamp, for example, rack Ican lead to IT failure. Our system has been set up that way fkccepted -will clarifv in Ito protectour customer's best interest. addendum. 31 0628 0 0 0 The Seller shall have a total of 238 calendar days Clarification Delivery of 120 days needs to be revised to extend the '10 from issuance of the Purchase Order to overall time per Pall schedule included in Proposal. delivery of all equipment, as stated in items 1 and 2 above, not including 21 days for i Buyer's reviewof submittals as stated in the Submittal S,pecificationSection. The Days are calculated as: t to 140 days. 32 31650 0D Spec Section Specification section not provided Exception Pall takes absolute exception to this specification section because it was not provided at time of bid. Any required scope of work within this section will be an adder. Accepted byall Pall Exception& clarification response 8-31-10.xls Page 4 of 6 Exceptions & Clarifications Project Title / Location 1. Lodi, California Specification Sections All Specification Dated 1 -Jun -10 Specification Addendum None Addendum #1 August 31, 2010 Original Issue Date: 30 -Jun -10 Current File Revision is: 00 Pall Exception & clarification response B-31-10.x1s Page 5 of 6 Specification Reference Comments HDR/CITY Response No. Section Page Paragraph No. Comment Category Specification Statement of Concern Disposition 33 11301 27 P.6.e. Flexible Connectors Flexible connectors: Exception Flexible connector typically provided by the G.C. 1) Provide at all sidewall connections: 2) Acceptable Sellers: a) Red Valve Style J-1. b) General Rubber Series 1000. c) Proco Series 440. 3) Design and fabrication. a) Teflon or PTFE lined. b) Standard single arch design. c) Flanged, ANSI Class 125. Accepted - will clarify in d) 304 stainless steel retaining ring. addendum 34 clause Paragraph No. 1 Insurance Clarification .Pall general and products liability policies both include 11 Requirements contractual liability for insured contracts, we cannot specifically endorse our policies to include each and every contract we sign- Accepted By City of Lod: 35 Page 7 Note 1 Insurance Clarification Pall could not identify the CA govt. code at the time of bid Requirements and is therefore difficult to compare how long the requirement is. Pall has recommended that we maintain the claims made for 3 yrs following the conclusion of the contract. Accepted By City of Lodi 36 General Conditions Indemnification Clarification Pall agrees to indemnify Customer and its officers, directors, employees, agents, successors and assigns against and hold them harmless from all third party claims and related liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) actually incurred by them ("Damages") to the extent caused by (i) the failure of the System to conform to the Specifications, (ii) a breach by Pall of any representation, warranty or covenant contained herein, (iii) a finding that the Products infringe any intellectual property right of any third party, or (iv) the gross negligence or willful misconduct of Pall, its employees or agents provided, in each case, that: Accepted By City of Lodi General Conditions Indemnification Clarification 1. customer notifies Pall in writing of such claim immediately after it becomes aware of such claim and cooperates with Pall, at Pall's cost, as reasonably required by Pall; and Accepted By City of Lodi General Conditions Indemnification Clarification 2. such Damages are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Goods or Special Services themselves) excluding loss of use. Accepted By City of Lodi Pall Exception & clarification response B-31-10.x1s Page 5 of 6 Exceptions & Clarifications Project Title ! Location Lodi, California Specification Sections All Specification Dated 1 -Jun -10 None No. Section Page Paragraph No. Comment 37 1 ITerms and Original Issue Date: 30 -Jun -10 Current Fite Revision is: 00 Specification Statement of Concern Disposition itation on Liability I Clarification HDR/CITY In no event will Seller be liable for =.oy} •ee a a s asai- ra: ° ec- t- 1,.:- s c loss of profit, remanufacturing cost, rework cost, de -installation or re -installation cost, whatever the claim (ton, breach of contract or warranty or otherwise) and whatever the forum, whether arising out of or in connection with the manufacture, packaging, delivery, storage, use, misuse or non-use of any of its products or any other cause whatsoever. Without limiting the generality of the foregoing, in no event will Seller be liable for any damages in excess of the price paid to Seiler with Accep respect to the products sold to Buyer under this Order noted. No. 38 Based on Pall's conversation with HDR Engineering, we will design the system for a flux rate of 54 gfd and the total number of modules required will be 84 per rack for a total of 420 modules. This is 60 modules less than we originally quoted. We will still leave spaces on the racks for a total of 96 modules per rack By City of Lodi as Pali Exception & clarification response 8-31-10.xls Page 6 of 6 AGREEMENT FOR CONSULTING SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Krazan & Associates, Inc. (hereinafter "CONSULTANT"). Section 1.2 Purpose CITY selected the CONSULTANT to provide the conceptual design services required in accordance with attached scope of services, Exhibit A. CITY wishes to enter into an agreement with CONSULTANT for Surface Water Treatment Facility project (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONSULTANT, for the benefit and at the direction of CITY, shall perform the scope of services as set forth in Exhibit A, attached and incorporated by this reference. Section 2.2 Not Used Section 2.3 Meetings CONSULTANT shall attend meetings as indicated in the Scope of Services, Exhibit A. Section 2.4 Staffing CONSULTANT acknowledges that CITY has relied on CONSULTANT's capabilities and on the qualifications of CONSULTANT's principals and staff as identified in its proposal to CITY. The scope of services shall be performed by CONSULTANT, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONSULTANT of any change of Project Inspector and CITY is granted the right of approval of all original, additional and replacement personnel in CITY's sole discretion and shall be notified by CONSULTANT of any changes of CONSULTANT's project staff prior to any change. CONSULTANT represents that it is prepared to and can perform all services within the scope of services specified in Exhibit A. CONSULTANT represents that it has, SWTF Krazan & Assoc Prof Services Agreement.doc 1 or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONSULTANT to practice its profession, and that CONSULTANT shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals. Section 2.5 Subcontracts CITY acknowledges that CONSULTANT may subcontract certain portions of the scope of services to subconsultants as specified and identified in Exhibit A. Should any subconsultants be replaced or added after CITY's approval, CITY shall be notified within ten (10) days and said subconsultants shall be subject to CITY's approval prior to initiating any work on the Project. CONSULTANT shall remain fully responsible for the complete and full performance of said services and shall pay all such subconsultants. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONSULTANT's compensation for all work under this Agreement shall not exceed the amount of Fee Proposal, attached as a portion of Exhibit A. CONSULTANT 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 CONSULTANT shall submit invoices for completed work on a monthly basis, as indicated in Exhibit A. Section 3.3 Costs The fees shown on Exhibit A include all reimbursable costs required for the performance of the individual work tasks by CONSULTANT and/or subconsultant and references to reimbursable costs located on any fee schedules shall not apply. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advance, in writing, by CITY. CONSULTANT charge rates are attached and incorporated with Exhibit A. The charge rates for CONSULTANT shall remain in effect and unchanged for the duration of the Project unless approved by CITY and as stated in Exhibit A. Section 3.4 Auditing SWTF Krazan & Assoc Prof Services Agreement.doc 2 CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT 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. CONSULTANT further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONSULTANT shall not discriminate in the employment of its employees or in the engagement of any subconsultants 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 Responsibility for Damage CONSULTANT shall indemnify and save harmless the City of Lodi, the City Council, elected and appointed Boards, Commissions, all officers and employees or agent from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained or arising from the services performed in this Agreement but only to the extent caused by the negligent acts, errors or omissions of the consultant and except those injuries or damages arising out of the active negligence of the City of Lodi or its agents, officers or agents. Section 4.3 No Personal Liability Neither the City Council, the City Engineer, nor any other officer or authorized assistant or agent or employee shall be personally responsible for any liability arising under this Agreement. SWTF Krazan & Assoc Prof Services Agreement.doc 3 Section 4.4 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided herein. Section 4.5 Insurance Requirements for CONSULTANT CONSULTANT shall take out and maintain during the life of this Agreement, insurance coverage as stated in Exhibit A attachment "Instructions/Requirements For INsurance Coverage". These insurance policies shall protect CONSULTANT and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from CONSULTANT'S operations under this Agreement, whether such operations be by CONSULTANT or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as indicated. NOTE: CONSULTANT agrees and stipulates that any insurance coverage provided to CITY shall provide for a claims period following termination of coverage. A copy of the certificate of insurance with the following endorsements shall be furnished to 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 insofar as work performed by the insured under written Agreement with CITY. (This endorsement shall be on a form furnished to CITY and shall be included with CONSULTANT'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 SWTF Krazan & Assoc Prof Services Agreement.doc 4 This policy may not be canceled by the company without 30 days' prior written notice of such cancellation to the City Attorney, City of Lodi, P.O. Box 3006, Lodi, CA 95241. (e) CONSULTANT agrees and stipulates that any insurance coverage provided to CITY 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.). "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. Section 4.6 Worker's Compensation Insurance CONSULTANT shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of CONSULTANT'S employees employed at the site of the project and, if any work is sublet, CONSULTANT 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 CONSULTANT. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, CONSULTANT 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 City Attorney, City of Lodi, P.O. Box 3006, Lodi, CA 95241. Section 4.7 City Business License Requirement Cons ultant/Contractor acknowledges that Lodi Municipal Code Section 3.01.020 requires Consultant/Contractor to have a city business license and Consultant/Contractor agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.8 Attorney's Fees 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 court. Section 4.9 Successors and Assigns SWTF Krazan & Assoc Prof Services Agreement.doc 5 CITY and CONSULTANT each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONSULTANT 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 4.10 Notices Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is personally served or sent by certified mail or express or overnight delivery, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi F. Wally Sandelin, Public Works Director 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 To CONSULTANT: Krazan & Associates, Inc. Shawn Baker, Division Manager 448 Mitchell Road, Suite C Modesto, CA 95354 Section 4.11 Cooperation of CITY CITY shall cooperate fully in a timely manner in providing relevant information that it has at its disposal. Section 4.12 CONSULTANT is Not an Employee of CITY It is understood that CONSULTANT is not acting hereunder in any manner as an employee of CITY, but solely under this Agreement as an independent contractor. Section 4.13 Termination CITY may terminate this Agreement by giving CONSULTANT 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. Upon termination, CONSULTANT shall be entitled to payment as set forth in the attached Exhibit A to the extent that the work has been performed. Upon termination, CONSULTANT 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 CONSULTANT with third parties in reliance upon this Agreement. SWTF Krazan & Assoc Prof Services Agreement.doc 6 Section 4.14 Severabilitv 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 4.15 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. Section 4.16 Integration and Modification This Agreement represents the entire integrated Agreement between CONSULTANT and CITY; supersedes all prior negotiations, representations, or Agreements, whether written or oral, between the parties; and may be amended only be written instrument signed by CONSULTANT and CITY. Section 4.17 Applicable Law and Venue This Agreement shall be governed by the laws of the State of California. Venue for any court proceeding brought under this Agreement will be with the San Joaquin County Superior Court. Section 4.18 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 4.19 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.20 Ownership of Documents All documents, photographs, reports, analyses, audits, computer tapes or cards, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared for this project, shall be deemed the property of CITY. Upon CITY's request, CONSULTANT shall allow CITY to inspect all such documents during regular business hours. Upon termination or completion, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten (10) days. CITY agrees to indemnify, defend and hold CONSULTANT harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were prepared. SWTF Krazan & Assoc Prof Services Agreement.doc 7 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST: By By RANDIJOHL CITY CLERK APPROVED AS TO FORM: Dated: By By: D. STEPHEN SCHWABAUER CITY ATTORNEY Its: } SWTF Krazan & Assoc Prof Services Agreement.doc 8 KONRADT BARTLAM INTERIM CITY MANAGER City of Lodi Testing and Inspection Services Surface Water Treatment Facility SCOPE OF SERVICES A. General Requirements Exhibit A 1. Consultant to be a fully qualified testing laboratory meeting the requirements of ASTM E-329 Sections 3 through 8, and Section 11, and recognized by the ICBO Joint Committee on Special Inspection. 2. Consultant shall attend all meetings and conferences as requested by the City or its agent. 3. Cost considerations are not to be considered as justification for breach of sound principles of quality assurance, inspection, and testing. 4. Consultant shall establish and maintain procedures to ensure that persons performing work are skilled in methods and practices needed to assure required quality levels. Remove and replace (at no additional cost to the City) personnel who do not possess the required skills or who are not efficiently and effectively performing their assignments. Provide the Project Manager with resumes of all personnel assigned to the project. 5. Consultant shall be responsible for the quality of the services provided, and shall maintain the necessary facilities and equipment required to satisfy the testing specifications. 6. Consultant shall request a clarification from the Project Manager for missing or ambiguous information or requirements. In the case of conflict in the plans, specifications and/or codes, the more stringent inspection or testing requirement shall apply. 7. Consultant may need to subcontract for certain specialized testing or inspection services. The use of such subconsultant will require prior City approval. 8. The following attachments will form a part of this contract: • City of Lodi standard "Instructions/Requirements For Insurance Coverage". • Specification Section 01400 - Quality Control • Specification Section 01410 - Testing • Request and Approval for Testing Services (Form) • Detail Breakdown (Billing Report) B. Scone 1. The scope of tests and inspections is based on the requirements of 2007 CBC Chapter 17, other referenced code requirements, and the Surface Water Treatment Facility Project plans and specifications. The services to be provided will be as directed by the City's representative. The Consultant will meet or communicate with the representative and/or construction Contractor periodically to plan and schedule testing and inspection services. 2. The authorization to provide specific services will be issued by the Project Manager using a Testing Services Work Order (Request and Approval for Testing Services form). These work orders will be issued by the City's representative periodically throughout the construction period, as construction activities dictate. The Contractor will not be authorized to place orders directly with the testing firm. The City will not pay for the services placed by the Contractor. The Request and Approval for Testing Services form describes the required test, location and date required. It will be requested by the Contractor and forwarded to the City representative for approval. Upon completion of the testing/inspection, the Consultant will sign and date the forms, which will be verified by the City's representative. The Consultant will make a copy of the completed form, which will be attached to the Consultant's billing each month. These serve as the Special Inspector's Time Card and must be signed by the Project Manager each day. The time cards will be used to validate each month's hourly billing. 3. Off-site inspections are to be handled identical to the above except that Special Inspectors shall fax or electronically mail time cards to the owner's representative each day, without exceptions. SWTF T & I Contract terms.doc 1 08/31/10 City of Lodi Testing and Inspection Services Surface Water Treatment Facilii Exhibit A 4. The Consultant will maintain a monthly status report of the budget quantities and costs; quantities and costs expended through previous report period, quantities and costs this report period, and total quantities and costs to date. The status report will be submitted with the monthly billing. 5. Consultant shall submit written acceptance of "Transfer of Responsibility", as required by UBC Section 3317.8, to the Owner within 14 days of the contract execution date. C. Time Services shall start upon execution of the agreement and issuance of the first work order. The duration of the Consultant contract will be for a period of TWENTY-FOUR (24) months at the established item prices. The City has the option to extend services at the Item Prices for an additional 12 months beyond the 24 -month duration. D. Notice The Consultant will be given one working day's notice prior to starting any new inspection/testing service. E. Conflict of Interest The Consultant cannot contract directly with construction Contractor for any testing services concerning this City project. F. Item Prices I . The City is riot limited to the use of funds as estimated per item. Unused funds from one item price may roll up to other items as required so long as the total contract award does not exceed 125% of the total proposal price. 2. Any service required, but not referenced in the Proposal for Services listing, to be charged to client using similar unit price for actual hours worked (not "List Price"). 3. Increases in applicable labor rates mandated by the State Director of Industrial Relations will be honored under this agreement. G. Reimbursement 1. The Consultant will only be paid for actual hours worked except for a one-hour minimum for show -up time. 2. Travel Costs: The cost of mileage and subsistence charges to and from the project site is included in the item prices. Travel and subsistence charges to factories and fabrication plants in excess of a 50 -mile radius from the job site will be reimbursable by the City only when the City has issued prior written approval thereof. The City will reimburse the Consultant for mileage or airfare whichever is less expensive. The following will apply to determine applicable costs. Travel time will be reimbursed at a field technician level. Actual costs with no overhead or profit will be reimbursed. This level of reimbursement should be reflected in the submitted Proposal for Services. 3. Reproduction and Mailing: Reproduction and mailing costs for reports and test results shall be supplied in the quantity specified in the specification and included as part of the above - listed item prices. Reproduction and shipping costs for additional copies will be reimbursed by the City at actual cost when the City has issued prior written approval therefore. SWTF T & I Contract terms.doc 2 08/31/10 City of Lodi Exhibit A Testing and Inspection Services Surface Water Treatment Facility H. Subconsultants Consultant's subconsultants' time shall be paid at Consultant's cost, which should be reflected in the item prices of the submitted Proposal for Services. Prevailing wage requirements must be met. I. Billing The Consultant will submit to the Project Manager no later than the first of each month (for services up to the 25th) a computed "Request and Approval for Testing Services" form for all services with each billing. The Consultant will prepare a summary contract form with each billing which provides the following information for each line item of work and for the total contract: "Item, Description, Budgeted Quantity, Unit, Unit Price, Total Budgeted, Previously Billed Units, Current Billing Units, Total Current Billing." J. Schedule of Services NOTE: All items must be completed. Lodi Surface Water Treatment Facility INSPECTION/TESTING SERVICES Item Description QTY Unit Unit price Total budget 1 Soil/Asphalt Engineered fill observation 350 Hr. $ 83 $ 29,050 Density Curve ASTM or CALTRAN 20 Ea. $ 80 $ 1,600 Soil, Asphalt Compaction Testing 500 Hr. $ 83 $ 41,500 Asphalt Marshall 2 Ea. $ 120 $ 240 Subtotal $ 72,390 2 Cast in Place Concrete Mix Design Review 3 Ea. $ 50 $ 150 Cement Sampling ASTM C183 3 Ea. $ 50 $ 150 Concrete Sampling 172 Hr $ 83 $ 14,276 Compress. Strength Test Sets C39 100 4c Is $ 30 $ 3,000 Shotcrete Strength Test Sets 8 Ka. $ 50 $ 400 Rebar Tensile/Bend ASTM A615 40 Ea. $ 40 $ 1,600 Tension Cable yield tensile elong 4 Ea. $ 136 $ 544 Drilled Dowel Testing AASHTOT237 40 Hr $ 83 $ 3,320 Concrete Core Testing ASTM C42 10 Ea. $ 50 $ 500 Drilled Anchor Testing 40 Hr $ 83 $ 3,320 Sample Pickup and Delivery 30 Ea. Set $ 60 $ 1,800 Subtotal $ 29,060 3 Masonry Mortar Testing UBC 21-16 30 Ea. Set $ 20 $ 600 Grout Testing UBC 21-18 30 Ea. Set $ 20 $ 600 Mix Design Review 2 Ea. $ 50 $ 100 Rebar Tensile/Bend ASTM A615 15 Ea. $ 40 $ 600 SWTF T & I Contract terms.doc 3 08/31/10 City of Lodi Testing and Inspection Services Surface Water Treatment Facilii Exhibit A Prevailing wage requirements have been factored into this proposal. All clerical, report, travel and mileage charges are figured into the hourly rates of this proposal. *The City of Lodi Building Department is requiring a qualified inspector to act as the project Building Inspector. This inspector must have one of the following MINIMUM qualifications: 1. DSA Class I or II SWTF T & I Contract terms.doc 4 08/31/10 CMU Block Testing 10 Ea. Set $ 80 $ 800 Prim Testing UBC 21-17 10 Ea. Set $ 80 $ 800 Subtotal $ 3,500 4 Structural Steel Shop Visual Weld Fab Inspection 40 Hr $ 60 $ 2,400 Field Visual Welding 120 Hr $ 83 $ 9,960 Field Bolting Inspection 40 Hr $ 83 $ 3,320 Ultrasonic Testing 40 Hr $ 83 $ 3,320 Subtotal $ 19,000 5 Other Fireproofing Density ASTME605 10 Ea. $ 30 $ 300 Subtotal $ 300 6 Construction Special Inspectors Reinforcing placement Concrete, Shotcrete Placement Masonry Inspection Prestressing.Inspection Field Welding, Erection Inspection Fireproofing Inspection Excavation Engineered Fill Insp 4100 Hr. $ 85 $ 348,500 Subtotal $ 3348,500 7 Professional Services Senior Staff Engineer 40 Hr $ 20 $ 800 Field Technician 80 Hr $ 80 $ 6,400 Lab Technician 80 Hr $ 30 $ 2,400 Subtotal $ 9,600 8 Miscellaneous Premium Differential for overtime 100 Hr $ 42 $ 4,200 Out of town inspection(over 50miles) 40 Hr $ 10 $ 400 Mileage be and 50 miles 500 Miles $ 1 $ 250 Subsistence over 50 miles 5 Das $ 45 $ 225 Subtotal $ 5,075 GRAND TOTAL $ 487,425 Prevailing wage requirements have been factored into this proposal. All clerical, report, travel and mileage charges are figured into the hourly rates of this proposal. *The City of Lodi Building Department is requiring a qualified inspector to act as the project Building Inspector. This inspector must have one of the following MINIMUM qualifications: 1. DSA Class I or II SWTF T & I Contract terms.doc 4 08/31/10 City of Lodi Testing and Inspection Services Surface Water Treatment Facili' Exhibit A 2. ICBO Combination Certification 3. ACIA Class II Building Inspector The prospective Inspector will be interviewed by the City of Lodi Chief Building Official. The Building Official must approve of the proposed inspector. If the proposed inspector does not meet with the Building Official's approval, another candidate must be provided. Once the Building Official has approved the project Building Inspector, that inspector shall remain responsible for Permit required inspections to the electrical and mechanical systems for the duration of the project. The Inspector may not be removed from the project without prior City approval. ATTACHMENTS 1. City of Lodi standard "Instructions/Requirements For Insurance Coverage" 2. Specification Section 01400 - Quality Control 3. Specification Section 01410 - Testing 4. Request and Approval for Testing Set -vices (Form) 5. Detail Breakdown (Billing Report) 6. State of California Wage Determination #NC -63-3-9-2009-2 SWTF T & I Contract terms.doc 5 08/31/10 CITY OF LODI 221 West Pine Street, P.O. Box 3006, Lodi, California, 95241-1910 INSTRUCTIONS/REQUIREMENTS FOR INSURANCE COVERAGE All contractors/developers who have contracts or agreements with the City are required to carry general liability/automobile insurance. 2. A duplicate or certificate of insurance shall be delivered to the City prior to starting any work on a project 3. Each certificate shall contain satisfactory evidence that each carrier is required to give the City of Lodi notice 30 days prior to the cancellation or reduction in coverage of any policy. 4. The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. 5. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements, and shall specifically bind the insurance carrier. 6. The CITY OF LODI, ITS ELECTED AND APPOINTED BOARDS COMMISSIONS OFFICERS AGENTS EMPLOYEES AND VOLUNTEERS must be named as additional insured as an endorsement attached to the certificate of insurance. (THE CITY OF LODI ITS ELECTED AND APPOINTED BOARDS, COMMISSIONS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS MUST BE NAMED THE ADDITIONAL INSURED.) 7. Both the street address and the post office box of the CITY OF LODI must be shown along with Number 6 above: 221 West Pine Street, P.O. Box 3006, Lodi, California, 95241-1910. 8. In addition to the additional named insured endorsement on the policy of insurance, said insurance policy shall be endorsed to include the following language: "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 coinsurance afforded by this endorsement." 9. The minimum limits of such insurance shall be $2,000,000 Bodily Injury each occurrence/aggregate or $2,000,000 combined single limit. Automobile insurance $2,000,000: Contractors must carry automobile insurance; Developers must carry auto insurance only if their vehicles are used on site. 10. If the limits of coverage are not the amounts specified in Number 9 above, and/or if the City is not named as an additional insured on the attachment to the certificate of insurance, and/or if the primary insurance endorsement is not attached, the City will not accept the certificate and a corrected certificate must be furnished to the City. 11. Contractor/Developer 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 claim period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). 12. "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. 13. No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the Public Works Department. Please be sure your insurance company sends this certificate to the attention of the Public Works Department. J: FORMS:INSURANC_2.DOC Rev. 9/30/02 Surface Water Treatment Facility Project SECTION 01400 QUALITY CONTROL f71 -M -M - DIO DIi7_\ 1.01 DESCRIPTION A. This Section describes the requirements for quality control. 01400 Quality Control 1.02 DUTIES AND RESPONSIBILITIES OF OWNER'S REPRESENTATIVE A. The Owner's Representative and the Owner have the right, but not the duty, to monitor and inspect all work performed by the Contractor to ensure performance of the work to the Contract Documents and Specifications. All work shall be subject to inspection and test by the Owner's Representative and the Owner at all reasonable times and at all places prior to acceptance. Any such inspection and test is for the sole benefit of the Owner and shall not relieve the Contractor of responsibility for providing quality control measures to assure that the work strictly complies with the contract requirements. No inspection or test by the Owner or Owner's Representative shall be construed as constituting or implying an acceptance. 1.03 CONTRACTOR'S DUTIES AND RESPONSIBILITIES A. The Contractor is responsible for the quality of the work performed under this Contract as well as the quality of the material, equipment, and supplies furnished by it to be incorporated into the work. The Contractor will provide, for approval, a quality -control plan within 30 days after the Notice to Proceed for approval by the Owner. The plan will include but not be limited to procurement, delivery and installation of material and equipment. The plan will provide specific tests and performance testing requirements for each stage for each subcontractor and the General Contractor. Logs and forms for tracking all steps will be provided and will be signed by the inspectors. B. The Contractor shall designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his duties but the primary responsibility and authority rests with the Contractor. C. The Contractor's Quality Control Representative shall coordinate the submittal of all shop drawings, product data, and samples to the Owner's Representative. Any submittal that is a change to the Contract requirements shall be identified as such and transmitted to the Owner's Representative. No work requiring submittal of a shop drawing, product data, or sample shall be commenced until the submittal has been reviewed and accepted by the Owner's Representative and the Architect. D. The Contractor shall cooperate with an approved material testing laboratory to perform testing of materials as required by the Contract Drawings and Specifications, City of Lodi Quality Control 01400-1 Surface Water Treatment Facility Project 01400 Quality Control or the Owner's Representative. The Contractor shall provide a two -working -day notice when testing/inspection is required. The Contractor will request all tests and inspections in accordance with the Specifications and the Owner's Representative for requesting tests and inspections. The Contractor will not contact the testing firms directly without going through the Owner's Representative. E. The Contractor's Quality Control Representative shall review his drawings, procurement documents, and Contracts to ensure that the technical information provided and all work performed is in accordance with the latest revisions of the Contract Drawings and Specifications. F. The Contractor's Quality Control Representative shall perform an inspection upon receipt at the site of all materials, equipment, and supplies. Items which are damaged or not in conformance with the respective submittals, quality standards, Contract Drawings and Specifications will be identified and segregated from accepted items. Items thus identified shall not be incorporated into the work until corrective action acceptable to the Owner's Representative/Owner is completed. Items determined unsalvageable will be removed from the job site. G. The Contractor will establish a performance -testing plan for all equipment and electrical systems. The testing plan will include test and report forms for each type of application and will be approved by the Owner's Representative. The performance testing of the equipment and system will be documented and approved by the Owner's Representative. Copies of the approved performance tests will be required for project closeout as required by Section 01700 - Project Closeout. H. The Contractor's Quality Control Representative and subcontractors will attend a weekly Quality Control (QC) meeting. The Contractor will provide a list of current controlling activities for that week and bring an outlined specification section to the meeting noting areas applicable for inspection/testing for the controlling activities. All requests for testing will be provided for the current week and all notices of non- compliance will be reviewed. I. The Contractor will provide copies of his quality control inspection reports each day. Format of the report will be approved by the Owner's Representative. The Contractor will maintain a video and audio record of at least six exterior locations and all interior locations plus special areas of interest each week. The videotape will be provided to the Owner's Representative the following Monday of each week. 1.04 INSPECTION AND TESTING A. Inspection Plan: The Contractor will use a four -point inspection plan for each separate feature of work to be performed under this Contract; i.e., work described by each Division to the technical provisions section of the Specifications. This plan consists of the following: Preparatory Inspection: Prior to commencing the work, the Contractor's Quality Control Representative shall meet with the Owner's Representative and check the following items as a minimum for conformance: City of Lodi Quality Control 01400-2 Surface Water Treatment Facility Project 01400 Quality Control a. Approval of shop drawings and submittals. b. Approval of Inspection and test reports of materials and equipment to be utilized. C. Completion of previous operation. d. Availability of materials and equipment required. e. Notification of Owner's Representative, when applicable. f. Other preparatory steps dependent upon the particular operation. g. Quality assurance. h. Safety or environmental precautions to be observed. 2. Initial Inspection: Upon completion of a representative sample of a given feature of work, the Contractor's Quality Control Representative shall meet with the Owner's Representative and check the following items as a minimum for conformance: a. Workmanship to established quality standards. b. Configuration to Contract Drawings and Specifications. G. Constnactlon methods, equipment, and tools utilized. d. Materials and articles utilized. e. Adequacy of testing methods. f. Adequacy of shop drawings. g. Adequacy of safety or environmental precautions. 3. Follow-up Inspections: The Contractor's Quality Control Representative shall inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. Follow-up inspections will be on a daily basis. If the Contractor has not complied with the inspection notification as to defective work, the Owner's Representative will issue a notice of noncompliance. 4. Completion Inspection: Upon completion of a given feature of the work, the Contractor's Quality Control Representative shall meet with the Owner's Representative and City of Lodi Building Inspector to perform an inspection of the completed work. At least 24 hours notice will be required for inspections. Nonconforming items shall be identified and corrected prior to commencement of the next operation. City of Lodi Quality Control 01400-3 Surface Water Treatment Facility Project 1.05 01400 Quality Control B. Should the Contractor fail to correct work in a reasonable time, the Owner's Representative will issue a Notice of Noncompliance. This is a two-part notice/reply form. The Owner's Representative will specify the noncompliant item on Part One and the Contractor shall respond on Part Two, indicating the fix once it has been accomplished. The Contractor will maintain a log of all notices of noncompliance which shall contain the following information: Notice number, description, specification section, date issued, date response from the Contractor, date corrected, number of days to correct, and remarks. The Contractor will present six copies of this log at the weekly meetings and shall keep it currently updated. Upon compliance with the notice of noncompliance, the Owner's Representative will officially notify the Contractor. C. Operation and Check Out Testing: The Contractor shall provide personnel and equipment to perform the operational tests and checkout of the equipment, facilities, or equipment constructed, fabricated, or installed under this Contract. The Owner's Representative will coordinate and witness all such tests. Notification shall be given at least two days in advance of the scheduled tests. Refer to requirements for operating and maintenance data and training specified in Section 01730. D. Substantial and Final Inspection. The Owner's Representative will coordinate all final inspections of the work. Request for finalizing portions of the work performed under this Contract shall be made to the Owner's Representative at least 15 days in advance of the inspection. Prior to requesting a substantial completion inspection, all tests of the equipment and systems and training shall be completed. Refer to Section 01700 for detailed requirements for substantial completion and final completion inspections for project closeout. The Contractor will be provided with a punch list from the Owner indicating items over and above those shown on the Contractor's punch list. The Owner will only provide two inspections: substantial completion and final completion. Others will be at the Contractor's expense. The Owner will provide a handwritten punch list to the Contractor. The Contractor will enter and maintain a computerized punch list based on the Owner's punch list in a format approved by the Owner's Representative with one copy of the computerized list within five working days upon receipt of the Owner's list and update it on a weekly basis. The Contractor will at each weekly meeting during the closeout period provide an annotated punch list indicating those items which have been completed and are ready for inspection. The Contractor will maintain and keep this list current and provide a copy to the Owner's Representative each week until all items are complete. Prior to the request for substantial completion and throughout the life of the project, the Contractor will maintain a testing and inspection schedule. This schedule will be provided at each weekly meeting indicating the tests or inspections which will be required during the following week. Based on this schedule, the Contractor will provide the Required Request for Testing forms. VERIFICATION OF TEST REPORTS A. The Owner's Testing Laboratory will submit a verified report in duplicate covering all of the tests which are required to be made during the progress of the Project. Such report shall be furnished at least quarterly and each time that work on the Project is City of Lodi Quality Control 01400-4 Surface Water Treatment Facility Project 01400 Quality Control suspended, covering the tests up to that time, and at the completion of the Project, covering all tests. 1.06 OWNER'S INSPECTOR A. An inspector employed by the Owner in accordance with the requirements referenced may be assigned to the work. B. The work of construction in all stages of progress will be subject to the personal, continuous observation of the Inspector. He shall have free access to any and all parts of the work at any time. Furnish the Inspector reasonable facilities for obtaining such information as necessary to keep him fully informed, respecting the progress and manner of the work and the character of the materials. Inspection of the work shall not relieve the Contractor from any obligation to fulfill this contract. 1.07 SPECIFIC TESTS AND INSPECTIONS A. As required by code, as specified in individual sections and section 01410. END OF SECTION City of Lodi Quality Control 01400-5 Surface Water Treatment Facility Project 01410 Testing SECTION 01410 TESTING PART 1 - GENERAL 1.01 DESCRIPTION: A. This Section summarizes which tests and inspections will be performed by the Contractor, and which will be performed by the Owner's Representatives. The detailed tests and inspections required to be performed by the Contractor may be found in the individual Sections of Divisions 2 through 16 of these Specifications. 1.02 OWNER'S TESTING AGENCY: A. For the purpose of meeting Architect/Engineer and City requirements, the Owner will employ and pay for a testing agency, identified in the various Specifications Sections as "the Owner's Testing Agency" and "Owner's Soils Engineer", to perform tests, inspections, and sampling for the work after start of construction, including but not limited to: 1. Underground utilities 2. Earthwork. 3. Concrete placement, reinforcement, ingredients and quality control. 4. Masonry placement, reinforcement, ingredients and quality control. 5. Structural steel; fabrication and welding. B. The Owner's employment of the testing agency shall in no way relieve the Contractor of his obligations to perform the work in accordance with Contract requirements nor to retain their own testing firm for quality control (see Paragraph 1.05). C. The Owner will backcharge the Contractor for costs incurred in the event the Contractor's poor quality control of any material requires excessive repeated testing by the Owner's Testing Agency. 1.03 QUALITY ASSURANCE: A. Qualifications of Testing Agents: Agencies, bureaus, or laboratories shall be acceptable to the Architect and meet the requirements ASTM E-329. B. Failure of Materials and Equipment Tested or Inspected: The Contractor shall be charged for retesting and reinspection resulting from the Contractor's noncompliance with the Contract as evidenced by tests and inspections by the Owner's Testing Agency. 1.04 TESTING AGENCY'S DUTIES: A. Cooperate with Owner's Representative and the Contractor. Provide qualified personnel promptly upon notice. B. Perfonn required inspecting, sampling and testing of materials and methods of construction. City of Lodi Testing 01410-1 Surface Water Treatment Facility Project 01410 T Comply with specified standards, other recognized authorities as specified. 2. Check for compliance with Contract Documents. C. Promptly notify the Owner's Representative and the Contractor of observed irregularities or deficiencies in the work. D. Promptly submit reports to the following: 1. One (1) copy to the Owner's Representative. 2. One (1) copy to the Architect. 3. One (1) copy to the Structural Engineer. 4. One (1) copy to the City of Lodi Building Department. 5. One (1) copy to the General Contractor E. Reports shall include the date issued and date of test, project title and number, testing agency's name and address, name and signature of inspector, date of inspection or sampling, record of temperature and weather, identification of product and Specification Section, location in Project, type of inspection or test, reference to applicable standards and codes, and observation regarding compliance with Contract Documents. F. Perform additional services as required by the Owner. G. The testing agency is not authorized to release, revoke, alter or enlarge on the requirements of the Contract Documents, approve or accept any portion of the work, or perform any of the Contractor's duties. 1.05 CONTRACTOR'S RESPONSIBILITIES: A. Initiate and coordinate tests and inspections required by Contract Documents and public authorities having jurisdiction of the work. B. Notify the Owner's Testing Agency through the Owner's Representative a sufficient time in advance (but no less than 48 hours) of the manufacture of materials to be supplied which, by requirements of the Contract Documents, must be tested at the source of supply so that the Laboratory may arrange for testing. C. When changes of construction schedule are necessary during construction, coordinate all such changes with the Owner's Testing Agency as required. D. When the Owner's Testing Agency is ready to test according to the established schedule, but is prevented from testing or taking specimens due to incompleteness of the work, all extra charges for testing attributable to the delay may be backcharged to the Contractor and shall not be borne by the Owner. E. Provide access, facilities, tools, and labor necessary for duties to be performed at the site by the Owner's Testing Agency and Inspector, including furnishing ladders, hoisting, lighting, water supply and like services. City of Lodi Testing 01410-2 Surface Water Treatment Facility Project 01410 Testing F. Provide and maintain, for the sole use of the Owner's Testing Agency, adequate facilities for the safe storage and proper curing of concrete test cylinders on the Project site as required by ASTM C31. Construct a container for storage of newly made concrete samples until they are ready for delivery to the testing lab as required. G. Furnish and deliver samples of materials to be tested at no extra cost to Owner. Test samples will be selected by the Inspector or Owner's Testing Agency and not by the Contractor. H. Reports: Have the Contractor's Testing firm (if used) independently furnish copies of each test and inspection report, signed and certified by the Contractor's Testing Agency Supervising Engineer as follows: a. Owner's Representative: two (2) copies. b. Architect: one (1) copy. Structural Engineer (structural tests only): one (1) copy. 2. Promptly process and distribute (within 48 hours) required copies of test reports and related instructions to assure necessary retesting and replacement of materials with the least possible delay in progress of the work. The reports shall include detailed information relative to progress and condition of work, including variances from the Contract Documents, and stipulating dates, hours, locations of the tests and inspections, as applicable. I. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Owner or testing agency, and actions taken as a result of those instructions. 2. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or tests, nature of defects, causes for rejection, etc.), proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each Section of the Specifications. If laws, ordinances, rules, regulations, or orders of public agency having jurisdiction require work to be inspected, tested or approved by some authority other than the Owner, or Contractor, the Contractor shall give required notices and make arrangements, deliver to the Owner the certificates of inspection, test, or approval of such public agency, and pay costs therefore unless otherwise provided in the Contract Documents. City of Lodi Testing 01410-3 Surface Water Treatment Facility Project 01410 Testing K. Completed Work: Should the Owner require tests and inspections for work completed before final acceptance of entire work, furnish necessary facilities, labor, and materials to uncover or remove work in question to extent necessary. If such work is found defective due to fault of the Contractor, the Contractor shall defray expense of removal, test, and inspections, and satisfactory reconstruction. Time extension may not be granted. 2. If such work is found to conform with requirements of the Contract, the Contractor shall be reimbursed by the Owner for facilities, labor and materials required for removal, and costs of satisfactory reconstruction in accordance with Contract amounts for extra work. Reasonable time extension shall be granted. 1.06 TEST PROCEDURES: A. Testing: Owner's Testing Agency will perform tests according to method(s) of test specified in these Specifications. If no procedure or test method is specified, testing shall conform to material specification references unless otherwise directed by the Owner. The Owner's Testing Agency will tag, seal, label, record, or otherwise suitably identify the materials for testing. No materials shall be used in the work until the test reports are submitted and approved, excepting only the materials specified to be placed or installed prior to testing. B. Retesting: Repeat applicable tests at specified intervals, when: a. The source of supply is changed. b. The characteristics of the materials change or vary. Unsatisfactory test results are received. Quantity and nature of additional testing, if required, will be determined by the Owner. Additional tests shall be taken in the presence of the Owner's Engineer. 4. Proof of non-compliance will make the Contractor liable for any corrective action which the Owner feels is prudent, including complete removal and replacement of defective materials. Nothing contained herein is intended to imply that the Contractor does not have the right to have tests performed on any material at any time for his own information and job control so long as the Owner does not assume City of Lodi Testing 01410-4 Surface Water Treatment Facility Project 01410 T responsibility for costs or for giving them consideration when appraising quality of materials. 1.07 PAYMENT FOR TESTING: A. Initial Services: The Owner will pay for initial testing services requested by the Owner. 2. When initial tests indicate non-compliance with the Contract Documents, the costs of initial tests associated with that non-compliance will be deducted by the Owner from the Contract Sum. B. When initial tests indicate non-compliance with the Contract Documents, subsequent retesting occasioned by the non-compliance shall be performed by the same testing agency, and costs thereof will be deducted by the Owner from the Contract Sum. C. Reimburse the Owner all or any part, as the Owner may deem just and proper, of the inspection costs incurred by the Owner due to: Failure of materials to pass initial tests. 2. Contractor's failure to complete the work within the Contract time, and any previously authorized extensions thereof. 3. Claims between separate contractors. 4. Covering of work before the required inspections or tests are performed. Additional inspections required for Contractor's correction of defective work. Overtime costs for acceleration of work done for Contractor's convenience. 1.08 CODE COMPLIANCE TESTING: A. Inspections and tests required by codes or ordinances, or by a plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be backcharged to the Contractor, unless otherwise provided in the Contract Documents. 1.09 CONTRACTOR'S CONVENIENCE TESTING: A. Inspection and testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor. 1.10 REQUEST FOR TESTING PROCEDURES: Testing will be performed as ordered by the Owner's Representative. The Contractor will follow the Owner's Representative's procedures for requests for tests and inspections. The procedure will be as follows: 01 The Contractor will fill out the Request for Testing form provided by the Owner's Representative. City of Lodi Testing 01410-5 Surface Water Treatment Facility Project 01410 Testing 2. The Request For Test will be made by the Contractor at least forty-eight (48) hours in advance of the needed date for the test. Contractor shall describe the test and the date the test is required. The request will be given to the Owner's Representative for approval. 4. The Owner's Representative shall request the services from the testing agency. The testing agency will be provided a copy of the testing request which will be completed by the testing firm indicating the services provided. 6. The Contractor will provide a testing schedule which will be reviewed each week for the following week's work. PART 2 - PRODUCTS: Not used. PART 3 - EXECUTION: *Not used. Forms: Request For Inspection Form End of Section City of Lodi Testing 01410-6 W O 0 REQUEST AND APPROVAL FOR TESTING/INSPECTION SERVICES PROJECT: Surface Water Treatment Facility DATE: TESTING/INSPECTION AGENCY: Krazan & Associates SPEC. REF.: CONTRACTOR: DWG. REF.: REQUESTED BY: PERMIT # ITEM TYPE OF TEST/INSPECTION LOCATION, TIME & DATE RESULTS 1. 2. 3. 4. I have personally checked for compliance with contract documents and certify this to be ready for inspection: Signature Contractor Representative TEST/INSPECTIONS PERFORMED BY: Date: Signature Date: Testing/Inspection Agency Representative COMMENTS: TOTAL HOURS (City Use Only) CITY AUTHORIZATION: GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CFIAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER DETERMINATION: NC -63-3-9-2009-2 ISSUE DATE: August 22, 2009 EXPIRATION DATE OF DETERMINATION: June 30,2010** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703-4774. LOCALITY: All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba counties. # Indicates an apprenticeable craft. Effective as of July 1, 2008, the issuance and publication of the prevailing wage apprentice schedules/apprentice wage rates have been reassigned by the Department of Industrial Relations from the Division of Labor Statistics and Research to the Division of Apprenticeship Standards. To obtain any apprentice schedules/apprentice wage rates, please contact the Division of Apprenticeship Standards or refer to the Division of Apprenticeship Standards' website at http://www.dir.ca.P-Ov/das/das.html. a Amount shall be paid for all hours worked up to 173 hours per month. b Rate applies to the first 4 daily overtime hours, Monday through Friday, and the first 8 hours on Saturday. All other overtime is paid at the Sunday/Holiday overtime rate. CLASSIFICATIONS: Group 1 ASNT Level II -1I1 DSA Masonry DSA Shotcrete Lead Inspector NICET Level IV Gro" 2 AWS-CWI ICC Certified Structural Inspector NICET Level III Shear Wall/Floor System Inspector Building/Construction Inspector Group 3 Group 4 Soils/Asphalt Employer Payments Earthwork Grading Straieht-Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation Training Other Hours Total Dailyb Saturday Sunday/ (JOURNEYPERSON) Hourly and and Payment Hourly Holiday Rate Welfare Holiday Rate 11/2X 11/2X 2X Group 1 $37.93 9.77 5.67 2.65 0.28 0.00 8 56.30 75.265 75.265 94.23 Group 2 35.93 9.77 5.67 2.65 0.28 0.00 8 54.30 72.265 72.265 90.23 Group 3 29.79 9.77 5.67 2.65 0.28 0.00 8 48.16 63.055 63.055 77.95 Group 4 24.56 9.77 5.67 2.65 0.28 0.00 8 42.93 55.21 55.21 67.49 # Indicates an apprenticeable craft. Effective as of July 1, 2008, the issuance and publication of the prevailing wage apprentice schedules/apprentice wage rates have been reassigned by the Department of Industrial Relations from the Division of Labor Statistics and Research to the Division of Apprenticeship Standards. To obtain any apprentice schedules/apprentice wage rates, please contact the Division of Apprenticeship Standards or refer to the Division of Apprenticeship Standards' website at http://www.dir.ca.P-Ov/das/das.html. a Amount shall be paid for all hours worked up to 173 hours per month. b Rate applies to the first 4 daily overtime hours, Monday through Friday, and the first 8 hours on Saturday. All other overtime is paid at the Sunday/Holiday overtime rate. CLASSIFICATIONS: Group 1 ASNT Level II -1I1 DSA Masonry DSA Shotcrete Lead Inspector NICET Level IV Gro" 2 AWS-CWI ICC Certified Structural Inspector NICET Level III Shear Wall/Floor System Inspector Building/Construction Inspector Group 3 Group 4 Soils/Asphalt ACI Earthwork Grading ICC Fireproofing Excavation and Backfill NICET Level I NICET Level II Proofload Testing Torque Testing RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. 54 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER (SECOND SHIFT) DETERMINATION: NC -63-3-9-2009-2 ISSUE DATE: August 22, 2009 EXPIRATION DATE OF DETERMINATION: June 30, 2010* * The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703-4774. LOCALITY: All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba counties. # Indicates an apprenticeable craft. Effective as of July 1, 2008, the issuance and publication of the prevailing wage apprentice schedules/apprentice wage rates have been reassigned by the Department of Industrial Relations from the Division of Labor Statistics and Research to the Division of Apprenticeship Standards. To obtain any apprentice schedules/apprentice wage rates, please contact the Division of Apprenticeship Standards or refer to the Division of Apprenticeship Standards' website at i7:; /F:%:'.%�:'.d:r.ca.gov/dac; das.l?treil. a Amount shall be paid for all hours worked up to 173 hours per month. b Rate applies to the first 4 daily overtime hours, Monday through Friday, and the first 8 hours on Saturday. All other overtime is paid at the Sunday/Holiday overtime rate. CLASSIFICATIONS: Group 1 ASNT Level II-III DSA Masonry DSA Shotcrete Lead Inspector NICET Level IV Group 2 AWS-CWI ICC Certified Structural Inspector NICET Level III Shear Wall/Floor System Inspector Building/Construction Inspector Group 3 Group 4 Soils/Asphalt Employer Payments Earthwork Grading Straight -Time Overtime Hours Rate CLASSIFICATION Basic Health Pension Vacation Training Other Hours Total Dailyb Saturday Sunday/ (JOURNEYPERSON) Hourly and and Payment Hourly Holiday Rate Welfare Holiday Rate 11/2X 11/2X 2X Group 1 $42.67 9.77 5.67 2.65 0.28 0.00 8 61.04 82.375 82.375 103.71 Group 2 40.42 9.77 5.67 2.65 0.28 0.00 8 58.79 79.00 79.00 99.21 Group 3 33.51 9.77 5.67 2.65 0.28 0.00 8 51.88 68.635 68.635 85.39 Group 4 27.63 9.77 5.67 2.65 0.28 0.00 8 46.00 59.815 59.815 73.63 # Indicates an apprenticeable craft. Effective as of July 1, 2008, the issuance and publication of the prevailing wage apprentice schedules/apprentice wage rates have been reassigned by the Department of Industrial Relations from the Division of Labor Statistics and Research to the Division of Apprenticeship Standards. To obtain any apprentice schedules/apprentice wage rates, please contact the Division of Apprenticeship Standards or refer to the Division of Apprenticeship Standards' website at i7:; /F:%:'.%�:'.d:r.ca.gov/dac; das.l?treil. a Amount shall be paid for all hours worked up to 173 hours per month. b Rate applies to the first 4 daily overtime hours, Monday through Friday, and the first 8 hours on Saturday. All other overtime is paid at the Sunday/Holiday overtime rate. CLASSIFICATIONS: Group 1 ASNT Level II-III DSA Masonry DSA Shotcrete Lead Inspector NICET Level IV Group 2 AWS-CWI ICC Certified Structural Inspector NICET Level III Shear Wall/Floor System Inspector Building/Construction Inspector Group 3 Group 4 Soils/Asphalt ACI Earthwork Grading ICC Fireproofing Excavation and Backfill NICET Level I NICET Level 1I Proofload Testing Torque Testing RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. 54A STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER.GOVERNOR DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STATISTICS & RESEARCH ADDRESS REPLY TO: 455 Golden Gate Avenue, 9"' Floor San Francisco, CA 94102 P.O. Box 420603 San Francisco CA 94142-0603 PREDETERMINED INCREASES FOR BUILDING/CONTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER (NC -63-3-9-2009-2) BUILDING/CONTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER (SECOND SHIFT) (NC -63-3-9-2009-2) IN ALAMEDA, ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, CONTRA COSTA, DEL NORTE, EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LAKE, LASSEN, MADERA, MARIN, MARIPOSA, MENDOCINO, MERCED, MODOC, MONTEREY, NAPA, NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, SOLANO, SONOMA, STANISLAUS, SUTTER, TEHAMA, TRINITY, TULARE, TUOLUMNE, YOLO AND YUBA COUNTIES This predetermined increases for the above named crafts applies only to the above -referenced determination for work being performed on public works projects with bid advertisement dates on or after September 1, 2009 until this determination is superseded by a new determination or a predetermined increase modification notice becomes effective. When referencing our prevailing wage determinations, please note that if the prevailing wage rate determination which was in effect on the bid advertisement date of a project has a single asterisk (*) after the expiration date, the rate will be good for the life of the project. However, if a prevailing wage rate determination has double asterisks (**) after the expiration date, the rate must be updated on the following date to reflect the predetermined rate change(s). BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER: All Classifications (All Shifts The above determinations are currently in effect and expire on June 30, 2010**. Effective July 1, 2010, the $3.00 increase was allocated as follows: $1.42 to the Basic Hourly Rate, $0.95 to Health and Welfare and $0.63 to Pension. Effective July 1, 2011, there will be an increase of $0.06 to Other Payment and $3.00 to be allocated to wages and/or fringe benefits. There will be no further increases applicable to these determinations. Issued 8/22/2009, Effective 9/1/2009 until superseded. This page will be updated when wage rate breakdown information becomes available. Last Updated: July 20, 2010 REQUISITION ORDER INVOICE TO BE ""T TO: CITY OF LODI ORDER DATE 109/15/10 F.O.B./ SHIP NA FOB - Our Dock Accounts Payable PO Box 3008 SUPPLIER CONTACT Lodi, CA 95241-1910 Durst Office Interiors 2750 Cherokee Rd C(07,v Stockton CA 95205 SHIP TO City of Lodi Surface Water Treatment Facility 2001 West Turner Road Lodi CA 95242 vendor# 1 24782 1 REQUESTOR Gary Wiman, Cons. Project Mgr. 209-333-6800 ext. 2054 iccount Numbers: 181011.18 2 5.2 3 0 0 DESCRIPTION QUANTITY 1 UM Page No. Provide and instail office ur Budget Division APPROVED BY 09/28/10 Purchasing Date 2 9 5- 0 0 0 OR Purchase Order PO Box 3006 selections 3 Lodi, CA 95241-1910 Fund o be determined and approved (209) 333-6778 0,,,,e. SHIP TO City of Lodi Surface Water Treatment Facility 2001 West Turner Road Lodi CA 95242 vendor# 1 24782 1 REQUESTOR Gary Wiman, Cons. Project Mgr. 209-333-6800 ext. 2054 iccount Numbers: 181011.18 2 5.2 3 0 0 DESCRIPTION QUANTITY UM UNIT PRICE UM TOTAL PRICE Provide and instail office ur iture per APPROVED BY DATE he attached Furniture ProposaL received September 8, 2009. Final color selections o be determined and approved by City of Lodi. New furniture, labor, LS 47,839.9800 LS 47,839.9 delivery/installation Insurance coverage required as per he attached "Instructions/Req irements For Insurance Coverage." Delivery schedule to be coordi ated with he Surface Water Treatment Fa ility Project Construction Schedule. TERMS Net 30 Days TAX RATE SALES TAX TOTAL AMOUNT OF ORDER 8.750 4186.00 52,025.9 APPROVED BY DATE ❑ PLEASE SIGN& RETURN THE ATTACHED ACKNOWLEDGEMENT, (EritereCl By: PTUCKER ) IF THE ACKNOWLEDGEMENT REQUIRED BOX IS CHECKED. 067G> CITY OF LODI 221 West Pine Street, P.O. Box 3006, Lodi, California, 95241-1910 INSTRUCTIONS/REQUIREMENTS FOR INSURANCE COVERAGE All contractors/developers who have contracts or agreements with the City are required to carry general liability/automobile insurance. 2. A duplicate or certificate of insurance shall be delivered to the City prior to starting any work on a project. 3. Each certificate shall contain satisfactory evidence that each carrier is required to give the City of Lodi notice 30 days prior to the cancellation or reduction in coverage of any policy. 4. The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. 5. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements, and shall specifically bind the insurance carrier. 6. The CITY OF LODI ITS ELECTED AND APPOINTED BOARDS, COMMISSIONS, OFFICERS, AGENTS EMPLOYEES AND VOLUNTEERS must be named as additional insured as an endorsement attached to the certificate of insurance. (THE CITY OF LODI, ITS ELECTED AND APPOINTED BOARDS COMMISSIONS OFFICERS AGENTS, EMPLOYEES AND VOLUNTEERS MUST BE NAMED THE ADDITIONAL INSURED.) 7. Both the street address and the post office box of the CITY OF LODI must be shown along with Number 6 above: 221 West Pine Street, P.O. Box 3006, Lodi, California, 95241-1910. 8. In addition to the additional named insured endorsement on the policy of insurance, said insurance policy shall be endorsed to include the following language: "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 coinsurance afforded by this endorsement." 9. The minimum limits of such insurance shall be $1,000,000 Bodily Injury each occurrence/aggregate or $2,000,000 combined single limit. Automobile insurance $1,000,000: Contractors must carry automobile insurance; Developers must carry auto insurance only if their vehicles are used on site. 10. If the limits of coverage are not the amounts specified in Number 9 above, and/or if the City is not named as an additional insured on the attachment to the certificate of insurance, and/or if the primary insurance endorsement is not attached, the City will not accept the certificate and a corrected certificate must be furnished to the City. 11. Contractor/Developer 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 claim period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). 12. "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. 13. No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the Public Works Department. Please be sure your insurance company sends this certificate to the attention of the Public Works Department. J:F0RMS:INSURANC_2.D0C Rev. 9/30/02 City of Lodi Surface Water Treatment Facility Lodi, CA 95240 Contact: Gary Wiman Furniture Proposal Prepared By: DURST CONTRACT INTERIORS 3008 Cherokee Road Stockton, CA 95205 Janet L. Davis, Project Manager/Sales RECEIVED SEP 0 8 2010 CITY OF LOOI PUBLIC WORKS DEPARTMENT 14. 90W Contract Interiors DURSTOFFICE.COM BILL TO: CITY OF LODI LODI, CA 95240 Adwess 3008 CHEROKEE ROAD STOCKTON, CA 95205 Customer E-mail gwiman@lodi.gov Customer Fax Customer Phone 327-3848 0 Phone # (209) 463-5734 P.O. No. Terms Net 30 SHIP TO: PROPOSAL / QUOTE Fax # Quote # (209) 463-4516 2010-865 SURFACE WATER TREATMENT FACILITY LODI, CA 95240 PRICES LISTED ARE GOOD FOR 30 DAYS. Date 9/7/2010 Service Agreement? Yes/No Deposit? Yes/No Public Instutution? Yes/No S/M: RECEPTION/RM #105 WUCA-3636-LT... HAWORTH - CORNER WORKSURFACE, 36" X 36" WURA-2442-LT... HAWORTH - WORKSURFACE, RECTANGULAR, 24" X 42" WURA-2496-LT... HAWORTH - WORKSURFACE, RECTANGULAR, 24"D X 96"W JLPD-0236-SIA HAWORTH - XSERIES 2 -DRAWER LATERAL FILE, 36"W JPAH-24-S1 HAWORTH - DRAWER PEDESTAL,BOX/BOX/FILE N 133.65 133.65T 79.20 79.20T 166.65 166.65T yubtotal 320.34 320.34T 200.64 200.64T Sales Tax (8.75%) Total PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209-463-4516. THANK YOU FOR YOUR BUSINESS. Page 1 Please note: delivery/installation/labor charges may vary The first 2 weeks storage is free. depending on site, install conditions & change orders. )tem Description Qty Rate Total S/M: LOBBY/RM #100 G711C OS - MODULAR SINGLE GUEST CHAIR 6 165.00 990.00T FABRIC: CHOICE OF GRADE B WOOD FINISH: CHERRY G2020C OS - END TABLE, 20" X 20" X 20"H 3 86.00 258.00T WOOD FINISH: CHERRY S/M: PLANT SUPERVISOR/RM #104 OFABD7242LCR MAY - BOWFRONT LAMINATE DESK SHELL; 72"W X 1 329.00 329.00T 42/36"D, CHERRY OFAFBBF26LCR MAY - DRAWER PEDESTAL, PENCIUBOX/BOX/FILE, 1 249.00 249.00T CHERRY (TO BE INSTALLED IN DESK) OFACB4224LCR MAY - CONTOUR BRIDGE, 24" X 42"W, CHERRY 1 135.00 135.00T OFACD7224LCR MAY - CREDENZA SHELL, 72"W X 24"D, CHERRY 1 229.00 229.00T OFAFF20LCR MAY - DRAWER PEDESTAL, FILE/FILE (TO BE 1 209.00 209.00T INSTALLED IN CREDENZA) OFAB5S36LCR MAY - 5 HIGH BOOKCASE, 15"D X 36"W, CHERRY 1 259.00 259.00T OFAFLF36LCR MAY - 2 -DRAWER LATERAL FILE, 36"W, CHERRY 1 389.00 389.00T G711 C OS - MODULAR SINGLE GUEST CHAIR 2 165.00 330.00T FABRIC: CHOICE OF GRADE B WOOD FINISH: CHERRY 1780 -M1 -A4 9-5 - EXECUTIVE HIGH BACK MULTI -FUNCTION CHAIR 1 299.00 299.00T W/HEIGHT ADJUSTABLE ARMS FABRIC: CHOICE OF GRADE B S/M: RECEPTION/RM #105 WUCA-3636-LT... HAWORTH - CORNER WORKSURFACE, 36" X 36" WURA-2442-LT... HAWORTH - WORKSURFACE, RECTANGULAR, 24" X 42" WURA-2496-LT... HAWORTH - WORKSURFACE, RECTANGULAR, 24"D X 96"W JLPD-0236-SIA HAWORTH - XSERIES 2 -DRAWER LATERAL FILE, 36"W JPAH-24-S1 HAWORTH - DRAWER PEDESTAL,BOX/BOX/FILE N 133.65 133.65T 79.20 79.20T 166.65 166.65T yubtotal 320.34 320.34T 200.64 200.64T Sales Tax (8.75%) Total PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209-463-4516. THANK YOU FOR YOUR BUSINESS. Page 1 Public Instutution? Customer E-mail gwiman@lodi.gov Yes/No Customer Fax Customer Phone 327-3848 JD PRICES LISTED ARE GOOD FOR 30 DAYS. Please note: delivery/installation/labor charges may vary PROPOSAL/QUOTE 1AP Adan ess Phone # Fax # Quote # 9 3008 CHEROKEE ROAD (209) 463-5734 (209) 463-4516 2010-865 Contract Interiors STOCKTON, CA 95205 HAWORTH - CANTILEVER BRACKET FOR 3 DURSTOFFICE.COM P.O. No. Date 9/7/2010 WORKSURFACE, PAIR Terms Net 30 BILL TO: SHIP TO: Service Agreement? CITY OF LODI SURFACE WATER TREATMENT FACILITY Yes/No LODI, CA 95240 LODI, CA 95240 WORKSURFACE Deposit? Yes/No Public Instutution? Customer E-mail gwiman@lodi.gov Yes/No Customer Fax Customer Phone 327-3848 JD PRICES LISTED ARE GOOD FOR 30 DAYS. PROPOSED DATE: 9-7-10 Sales Tax (8.75%) ACCEPTED Y. DATE: Total PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209-463-4516. THANK YOU FOR YOUR BUSINESS. Page 2 Please note: delivery/installation/labor charges may vary The first 2 weeks storage is free. depending on site, install conditions & change orders. Item Description Qty Rate Total ZEBD-1600-PP HAWORTH - CANTILEVER BRACKET FOR 3 26.40 79.20T WORKSURFACE, PAIR ZEBR-0000-PN HAWORTH - BRACKET FOR REAR CORNER 1 4.95 4.95T WORKSURFACE WT -72 HAWORTH - WALL TRACK, 72" 3 42.24 126.72T 1760 -M1 -A4 9-5 - MULTI -FUNCTION TASK CHAIR WITH ADJUSTABLE 1 282.00 282.00T HEIGHT ARMS FABRIC: CHOICE OF GRADE B BREAKROOM/RM #106 OFCA36SLB MAY - BISTRO TABLE, 36"X36" SQUARE, W/4 -PRONG 4 179.00 716.00T BASE OF2100 KFI - POLYPROPYLENE SLED BASE STACK CHAIR 16 65.00 1,040.00T CHOICE OF: BLACK, BURGUNDY OR NAVY FRAME: CHROME CONFERENCE/TRAINING - RM #109 OFPRS6024T MAY - T -MATE RECTANGULAR TABLES, 24" X 60" 8 239.00 1,912.00T CHOICE OF: FOLKSTONE GREY OR MAHOGANY OF1315 9-5 - SEMINAR CHAIR ON CASTERS, ARMLESS 16 129.00 2,064.00T FABRIC: CHOICE OF BLACK, BURGUNDY, CHAMPAGNE, COAL, FERN, DARK BLUE, GRAY, LEAD, PEACOCK OR PLUM FRAME: CHOICE OF BLACK OR SILVER BLACK FLEX BACK OF1015HCANT... MAY - HOSPITALITY CONFERENCE CART, 36"W X 22"D X 1 389.00 389.00T 43"H COLOR: ANTHRACITE W/BLACK STEEL FRAME OFFICE/RM #111 JFVL-3072 HAW - D -SHAPED SURFACE W/SUPPORT LEG & END gubtotal 377.34 377.34T PANEL PROPOSED DATE: 9-7-10 Sales Tax (8.75%) ACCEPTED Y. DATE: Total PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209-463-4516. THANK YOU FOR YOUR BUSINESS. Page 2 'P_t it4p Contract Interiors DURSTOFFICE.COM BILL TO: CITY OF LODI LODI, CA 95240 Adui ess 3008 CHEROKEE ROAD STOCKTON, CA 95205 Customer E-mail gwiman@lodi.gov Customer Fax Customer Phone 327-3848 Doi PROPOSAL / QUOTE Phone # Fax # Quote # (209) 463-5734 (209) 463-4516 2010-865 P.O. No. Date 9/7/2010 Terms Net 30 SHIP TO: Service Agreement? SURFACE WATER TREATMENT FACILITY Yes/No LODI, CA 95240 Deposit? Yes/No PRICES LISTED ARE GOOD FOR 30 DAYS. Public Instutution? Yes/No Please note: delivery/installation/labor charges may vary The first 2 weeks storage is free. depending on site, install conditions & change orders. Item Description Qty Rate Total JFBL-2442-1 HAW - X SERI ES,BRIDGE,24X42, LAMINATE,1/3 1 187.72 187.72T MODESTY JFDL-2472-JLS11 HAW - CREDENZA W/FF ON LEFT, 72"X24" 1 594.32 594.32T JPMH-24-S1 HAW - MOBILE PED, BBF 1 247.00 247.00T JTHJ-5124-SSlR HAW - PERSONAL STORAGE/FILENALET COMBINATION 1 830.68 830.68T UNIT JFUS-3372 HAW - VERTICAL STORAGE UNIT 33" X 72" W/ 1 753.54 753.54T TACKBOARD 1780_Mi-Aa, 9-5 - EXECUTIVE HIGH BACK MULTI -FUNCTION CHAIR 1 299.00 299.00T W/HEIGHT ADJUSTABLE ARMS FABRIC: CHOICE OF GRADE B OPEN OFFICE/RM #121 EFN-462-B HAWORTH - FABRIC PANEL, N/P, 48"W X 62"H 2 337.92 675.84T EFN-562-B HAWORTH - FABRIC PANEL, N/P, 60"W X 62"H 2 394.02 788.04T EFN-262-B HAWORTH - FABRIC PANEL, N/P, 24"W X 62"H 4 248.49 993.96T FPFC-62-B HAWORTH - CORNER FABRIC FINISH POST, 62" 2 29.37 58.74T WMK-62 HAWORTH - WALL MOUNT KIT, 62"H 4 34.98 139.92T EFN-354-B HAWORTH - FABRIC PANEL, N/P, 36"W X 54"H 2 295.02 590.04T EFN-342-B HAWORTH - FABRIC PANEL, N/P, 36"W X 42"H 2 265.32 530.64T WT -72 HAWORTH - WALL TRACK, 72" 9 42.24 380.16T WURA-24A8-LT... HAWORTH - WORKSURFACE, RECTANGULAR, 108"W X 2 184.80 369.60T 24"D WURA-2454-LT... HAWORTH - WORKSURFACE, RECTANGULAR, 54"W X 4 104.94 419.76T 24"D WURA-2496-LT... HAWORTH - WORKSURFACE, RECTANGULAR, 96"W X 2 166.65 333.30T 24"D WURA-2490-LT... HAWORTH - WORKSURFACE, RECTANGULAR, 90"W X 1 162.69 162.69T 24"D ZEBD-1600-PP HAWORTH - CANTILEVER BRACKET FOR 9 26.40 237.60T WORKSURFACE, 1 PAIR Subtotal G/C'Z' �// Sales Tax (8.75%) 9-7-10 PROPOSED BY: DATE: Total ACCEPTED B DATE: PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209-463-4516. THANK YOU FOR YOUR BUSINESS. Page 3 PROPOSAL/QUOTE Adoiess Phone # Fax # QuoteVAP #, 3008 CHEROKEE ROAD (209) 463-5734 (209) 4634516 2010-865 Contract Interiors STOCKTON, CA 95205 DURSTOFFICE.COM P.O. No. Date 9/7/2010 Terms Net 30 BILL TO: SHIP TO: Service Agreement? CITY OF LODI SURFACE WATER TREATMENT FACILITY Yes/No LODI, CA 95240 LODI, CA 95240 Deposit? Yes/No Public Instutution? Customer E-mail gwiman@lodi.gov Yes/No Customer Fax Customer Phone 327-3848 JD PRICES LISTED ARE GOOD FOR 30 DAYS. OPERATIONS/RM #124 (FIXED HEIGHT WORKSTATIONS) EFN-262-B HAWORTH - FABRIC PANEL, N/P, 24"W X 62"H 248.49 496.98T EFN-562-B HAWORTH - FABRIC PANEL, N/P, 60"W X 62"H ubtotal 394.02 1,576.08T Sales Tax (8.75%) PROPOSED B DATE: %/o ACCEPTED Y: DATE: Total PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209463-4516. THANK YOU FOR YOUR BUSINESS. Page 4 Please note: delivery/installation/labor charges may vary The first 2 weeks storage is free. depending on site, install conditions & change orders. Item Description Qty Rate ` Total UEFS-1654-PML HAWORTH - ADAPTABLE UPPER STORAGE, UNIGROUP, 5 211.86 1,059.30T FLIPPER DOOR, 54" LUTS-0042-16U... HAWORTH - ADAPTABLE TASK LIGHT, PRISMATIC LENS 5 63.36 316.80T HTB -5416 HAWORTH - TACKBOARD, 54" X 16" 5 79.20 396.00T JPAH-24-S1 HAWORTH, PED, 6/6/12 5 200.64 1,003.20T JPAJ-24-S1 HAWORTH, PED, 12/12 5 188.48 942.40T 1780 -M1 -A4 9-5 - EXECUTIVE HIGH BACK MULTI -FUNCTION CHAIR 5 299.00 1,495.00T W/HEIGHT ADJUSTABLE ARMS FABRIC: CHOICE OF GRADE R OPERATIONS/RM #124 (ADJUSTABLE HEIGHT WORKSTATIONS) 24606ONHB RA - ELECTRIC HEIGHT ADJUSTABLE TABLE BASE 2 1,457.00 2,914.00T WUCE-6066-LT... HAWORTH - CORNER WRAP AROUND WORKSURFACE, 1 261.03 261.03T EXTENDED, 60" X 66" X 24"D, RIGHT WUCE-6066-LT... HAWORTH - CORNER WRAP AROUND WORKSURFACE, 1 261.03 261.03T EXTENDED, 60'X 66" X 24"D, LEFT WURA-2436-LT... HAWORTH - RECTANGULAR WORKSURFACE, 24"D X 2 71.94 143.88T 36"W JCPT-0230-S1A HAWORTH - 2 -HIGH COMBO FILE, 1 477.66 477.66T FILE/BOX/BOX/LATERAL, LOCKING JCPR-0230-S1A HAWORTH - 2 -HIGH COMBO FILE, 1 477.66 477.66T BOX/BOX/FILE/LATERAL, LOCKING JSHA-1 HAWORTH - WORKSURFACE HEIGHT ADJUSTMENT KIT 2 9.12 18.24T FOR ATTACHED COMBO FILE 1768-P1 9-5 - ERGONOMIC STOOL WITH FOOTRING, ARMLESS 2 260.00 520.00T RANGE: 18.5" - 27" FABRIC: CHOICE OF GRADE B OPERATIONS/RM #124 (FIXED HEIGHT WORKSTATIONS) EFN-262-B HAWORTH - FABRIC PANEL, N/P, 24"W X 62"H 248.49 496.98T EFN-562-B HAWORTH - FABRIC PANEL, N/P, 60"W X 62"H ubtotal 394.02 1,576.08T Sales Tax (8.75%) PROPOSED B DATE: %/o ACCEPTED Y: DATE: Total PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209463-4516. THANK YOU FOR YOUR BUSINESS. Page 4 9 -t AP Contract Interiors DURSTOFFICE.COM BILL TO: CITY OF LODI LODI, CA 95240 Adnre"ss 3008 CHEROKEE ROAD STOCKTON, CA 95205 Customer E-mail gwiman@lodi.gov Customer Fax Customer Phone 327-3848 87 Phone # Fax # (209) 463-5734 (209) 463-4516 P.O. No. Terms Net 30 SHIP TO: PROPOSAL / QUOTE Quote # 2010-865 SURFACE WATER TREATMENT FACILITY LODI, CA 95240 PRICES LISTED ARE GOOD FOR 30 DAYS. Date 9/7/2010 Service Agreement? Yes/No Deposit? Yes/No Public Instutution? Yes/No PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209-463-4516. THANK YOU FOR YOUR BUSINESS. Page 5 Please note: delivery/installation/labor charges may vary The first 2 weeks storage is free. depending on site, install conditions & change orders. Item Description Qty Rate Total EFN-4254-B HAWORTH - FABRIC PANEL, N/P, 42"W X 54"H 1 318.78 318.78T EFN-542-B HAWORTH - FABRIC PANEL, N/P, 60"W X 42"H 1 339.90 339.90T WMK-62 HAWORTH - WALL MOUNT KIT, 62"H 2 34.98 69.96T FPFC-62-B HAWORTH - CORNER FABRIC FINISH POST, 62" 2 29.37 58.74T WMK-54 HAWORTH - WALL MOUNT KIT, 54"H 1 30.36 30.36T WT -72 HAWORTH - WALL TRACK, 72" 4 42.24 168.96T WUCN-4242-LT... HAWORTH - CORNER WORKSURFACE, 42"W/42" X 24" 2 143.22 286.44T WURA-2454-LT... HAWORTH - RECT WORKSURFACE, 24"D X 54"W 2 104.94 209.88T .An 1 A -246n LT vvv v- ... HAVVIORTH RECT WORKSURCeCE 2""^ Y 6w, . Ire r .. - a- v� w�, -r v i� v 2 116.16 232.32T WUDC-5030-LT... HAWORTH - CONFERENCE END WORKSURFACE, 50"W 1 163.35 163.35T X 30"D WUCL-0001 HAWORTH - UNIVERSAL STRAIGHT LEG BASIC 1 34.65 34.65T ZUBF-0000-PN HAWORTH - FLUSH MOUNT PLATE 2 6.60 13.20T ZEBD-1600-PP HAWORTH - CANTILEVER BRACKET FOR 5 26.40 132.00T WORKSURFACE, 1 PAIR ZEBR-0000-PN HAWORTH - CORNER WORKSURFACE REAR BRACKET 2 4.95 9.90T UEFS-1654-PML HAWORTH - ADAPTABLE UPPER STORAGE, UNIGROUP, 2 211.86 423.72T FLIPPER DOOR, 54" JPAH-24-S1 HAWORTH - PEDESTAL, BOX/BOX/FILE 2 200.64 401.28T JPAJ-24-S1 HAWORTH - PEDESTAL, FILE/FILE 2 188.48 376.96T 1780 -M1 -A4 9-5 - EXECUTIVE HIGH BACK MULTI -FUNCTION CHAIR 2 299.00 598.00T W/HEIGHT ADJUSTABLE ARMS FABRIC: CHOICE OF GRADE B PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209-463-4516. THANK YOU FOR YOUR BUSINESS. Page 5 S/M: WORKSHOP/#205 JFDL-3072-HRS... HAW - DESK W/BBF ON RIGHT, 30"X72", 3/4 MODESTY 1 681.72 681.72T JFRL-2448-JLS12 HAW - LEFT RETURN W/FF, 24"X48", 3/4 MOD 1 448.78 448.78T JFUS-3372 HAW - VERTICAL STORAGE UNIT 33" X 72" W/ 1 753.54 753.54T TACKBOARD KH580 OS - DURABLE TASK CHAIR 1 165.00 165.00T S/M: OUTDOOR SEATING Subtotal Sales Tax (8.75%) PROPOSED 13 DATE: /Q' 7-10 Total ACCEPTED Y: DATE: PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209-463-4516. THANK YOU FOR YOUR BUSINESS. Page 5 Deposit? Yes/No Public Instutution? Customer E-mail gwiman@lodi.gov Yes/No Customer Fax Customer Phone 327-3848 ,D PRICES LISTED ARE GOOD FOR 30 DAYS. PROPOSAL/QUOTE The first 2 weeks storage is free. Phone, . ; ;Fax 3008 CHEROKEE ROAD (209) 463-5734 (209) 463-4516 2010-865 Contract Interiors STOCKTON, CA 95205 P8D SA - 8 -FT ALUMINUM PIKNIK TABLE WITH ATTACHED DURSTOFFICE.COM P.O. No. Date 9/7/2010 Terms Net 30 BILL TO: SHIP TO: Service Agreement? CITY OF LODI SURFACE WATER TREATMENT FACILITY Yes/No LODI, CA 95240 LODI, CA 95240 Deposit? Yes/No Public Instutution? Customer E-mail gwiman@lodi.gov Yes/No Customer Fax Customer Phone 327-3848 ,D PRICES LISTED ARE GOOD FOR 30 DAYS. Subtotal $47,839.98 7 Sales Tax (8.75%) $4,186.00 PROPOSED BY: DATE: 9- 7-/d ACCEPTED DATE: Total $52,025.98 PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209-463-4516. THANK YOU FOR YOUR BUSINESS. Page 6 Please note: delivery/installation/labor charges may vary The first 2 weeks storage is free. depending on site, install conditions & change orders. tfem Descnptton Qty. Rate Total. P8D SA - 8 -FT ALUMINUM PIKNIK TABLE WITH ATTACHED 1 650.00 650.00T BENCHES TABLE & BENCH TOP COLOR: CHOICE OF SILVER ANODIZED, WALNUT, VERDE GREEN, DESERT TAN, ROYAL BLUE, EMERALD GREEN, SALT/PEPPER, BRITE RED, MARIGOLD YELLOW, SUNSET ORANGE LEG COLOR: UTILITY GRAY PA -CONCRETE SA - CONCRETE ANCHOR 1 21.00 21.00T LABOR LABOR TO ANCHOR TABLE/BENCHES 1 110.00 110.00T DELIVERY/INST... DELIVERY/INSTALL 1 4,100.00 4,100.00T SMI: CONSTRUCTION TRAILER (DELIVER EARLY) JFDL-3072-HRS... HAW - DESK W/BBF ON RIGHT, 30"X72", 3/4 MODESTY 1 681.72 681.72T JFRL-2448-JLS12 HAW - LEFT RETURN W/FF, 24"X48", 3/4 MOD 1 448.78 448.78T JFUS-3372 HAW - VERTICAL STORAGE UNIT 33" X 72" W/ 1 753.54 753.54T TACKBOARD JLPD-0436-S1 HAW - LATERAL FILE, 4 -DRAWER, 36"W 4 551.00 2,204.00T 1780 -M1 -A4 9-5 - EXECUTIVE HIGH BACK MULTI -FUNCTION CHAIR 1 299.00 299.00T W/HEIGHT ADJUSTABLE ARMS DELIVERY/INST... DELIVERY/INSTALL (DELIVER TO CONSTRUCTION 1 135.00 135.00T - TRAILER) Subtotal $47,839.98 7 Sales Tax (8.75%) $4,186.00 PROPOSED BY: DATE: 9- 7-/d ACCEPTED DATE: Total $52,025.98 PLEASE SIGN PROPOSAL, SERVICE AGREEMENT AND ARE YOU READY FORM AND FAX BACK TO 209-463-4516. THANK YOU FOR YOUR BUSINESS. Page 6 CITY OF LODI - SURFACE WATER TREATMENT FACILITY LOBBY FURNITURE - ROOM #100 ENQ TABLE MDDEL"#G202QC CHERRYFINISH GllESfCHAIRMQ -L, 711C �CFIERRY1iAME CHDiC#LJf�RADE) Ri(x CITY OF LODI - SURFACE WATER TREATMENT FACILITY PLANT SUPERVISOR - ROOM #104 CITY OF LODI - SURFACE WATER TREATMENT FACILITY CLERICAL WORKSTATION - ROOM #105 HAWORTH - UNIGROUP WALL MOUNTED COMPONENTS (ABOVE PICTURED WITH PANELS) CITY OF LODI - SURFACE WATER TREATMENT FACILITY LUNCH ROOM #106 MAYLINE - BISTRO 36" SQUARE TABLE MODEL #OFCA365LB LAMINATETOP: CHOICE OF ANTHRACITE, FOLKSTONE OR REGAL MAHOGANY. BASE: BLACK MODEL#2100- POLYSTACK CHAIR AVAILABLE COLORS: BURGUNDY, NAVY OR BLACK CHROME FRAME CITY OF LODI - SURFACE WATER TREATMENT FACILITY CONFERENCE/TRAINING ROOM - ROOM #109 Y AR MAYLINE RECTANGULARTRAINING TABLES MODELltO0PR56024T LAMINATE: CHOICE OF MAHOGANY OR FOLKSTONE GRAY 24" X 60" WITH T -BASE LEGS CITY OF LODI - SURFACE WATER TREATMENT FACILITY OFFICE - ROOM #111 HAWORTH - X -SERIES FREESTANDING DESK & COMPONENTS (To Match Furnishings in Room #105) City of Lodi - Surface Water Treatment Facility Open Office - Rm #121 HAWORTH - UNIGROUP WALL MOUNTED PANELS AND COMPONENTS (To Match Furnishings in Room #105) City of Lodi - Surface Water Treatment Facility Operations - Rm #124 Adjustable Height Workstations Adjustable Height (Electric) 3,_ Right Angle - Electric Height Adjustable Base Model #246060NHB Height Adjustability with the Gentle Push of a Button Large 20" Adjustment Range Adjusts from 27"-47" in 14 Seconds or 1.5" per Second Sleek and Modern Design with no Bulky Control Unit T Mold Edging Huge lift Capacity of 300 lbs. Steel base with cavity legs for vertical cord management. Silver or Black Base NOTE: To be used with Haworth Worksurfaces (To Match Furnishings in Room #105) City of Lodi - Surface Water Treatment Facility Operations - Rm #124 Standard Haworth Unigroup Workstations HAWORTH UNIGROUP WALL MOUNTED WORKSTATIONS PANELS TO DIVIDE SPACE (To match furnishings in Room #105) City of Lodi - Surface Water Treatment Facility Workshop - Room #205 HAWORTH - X -SERIES ? Freestanding L --Desk 30"x72"Desk; 24"x48" Right Return and 72"Overhead Storage Hutch w/Doors (To match furnishings In room #105) KH580 Ergonomic Self Skinned Urethane Chair with Seat tilt and Back Angle Adjustment Room 205 City of Lodi - Surface Water Treatment Facility Outdoor Seating City of Lodi - Surface Water Treatment Facility Construction Trailer - Gary Wiman HAWORTH - X -SERIES Freestanding L:Desk 30"02 Desk; 24"x48" Right Retum and 72" Overhead Storage Hutch w/doors HAWORTH -X-SI 4 -Drawer Lateral Fib Locking TWO ELC:C ,Iv Agt&O r AD�us'�igt.8 STATrprls 11, OFFic.E M�I I: 1 i ,I 111 COhI ROD M IL i oPFrL� ;yi IO�i iil REC si I L... If 6REAK ROOM '�: IT 'i I AGREEMENT FOR CONSULTING SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and HDR ENGINEERING, INC. (hereinafter "CONSULTANT"). Section 1.2 Purpose CITY selected the CONSULANT to provide the Construction Administration services required in accordance with attached scope of services, Exhibit A. CITY wishes to enter into an agreement with CONSULTANT for ENGINEERING SERVICES DURING CONSTRUCTION FOR THE SURFACE WATER TREATMENT FACILITY project (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONSULTANT, for the benefit and at the direction of CITY, shall perform the scope of services as set forth in Exhibit A, attached and incorporated by this reference. Section 2.2 Time For Commencement and Completion of Work CONSULTANT shall commence work within ten (10) days of executing this Agreement, and complete work under this Agreement based on the Project Construction Schedule. CONSULTANT shall not be responsible for delays caused by the failure of CITY staff or agents 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 counted against CONSULTANT's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONSULTANT shall remain in contact with reviewing agencies and make all efforts to review and return all comments. K:\WP\PROJECTS\WATER\SurfaceWaterPiant\SWTF HDR CA Services Contract.doc 1 Section 2.3 Meetings CONSULTANT shall attend Weekly Project meetings as indicated in the Scope of Services, Exhibit A, or as requested by the Owner. Section 2.4 Staffing CONSULTANT acknowledges that CITY has relied on CONSULTANT's capabilities and on the qualifications of CONSULTANT's principals and staff as identified in its proposal to CITY. The scope of services shall be performed by CONSULTANT, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONSULTANT of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel in CITY's sole discretion and shall be notified by CONSULTANT of any changes of CONSULTANT's project staff prior to any change. CONSULTANT represents that it is prepared to and can perform all services within the scope of services specified in Exhibit A. CONSULTANT 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 CONSULTANT to practice its profession, and that CONSULTANT shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals. Section 2.5 Subcontracts CITY acknowledges that CONSULTANT may subcontract certain portions of the scope of services to subconsultants as specified and identified in Exhibit A. Should any subconsultants be replaced or added after CITY's approval, CITY shall be notified within ten (10) days and said subconsultants shall be subject to CITY's approval prior to initiating any work on the Project. CONSULTANT shall remain fully responsible for the complete and full performance of said services and shall pay all such subconsultants. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONSULTANT's compensation for all work under this Agreement shall conform to and shall not exceed the provisions of Fee Proposal, attached as Exhibit B. CONSULTANT shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF HDR CA Services Contract.doc 2 Section 3.2 Method of Payment CONSULTANT shall submit invoices for completed work on a monthly basis, 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. Section 3.3 Costs The fees shown on Exhibit B include all reimbursable costs required for the performance of the individual work tasks by CONSULTANT and/or subconsultant and references to reimbursable costs located on any fee schedules shall not apply. Payment of additional reimbursable costs shall be approved in writing by CITY. CONSULTANT charge rates are attached and incorporated with Exhibit C. The charge rates for CONSULTANT shall remain in effect and unchanged for the duration of the Project unless approved by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT 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. CONSULTANT further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONSULTANT shall not discriminate in the employment of its employees or in the engagement of any subconsultants on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. K:\WP\PROJECTS\WATER\SurfaceWaterPiant\SWTF HDR CA Services Contract.doc 3 Section 4.2 Responsibility for Damage CONSULTANT shall indemnify and save harmless the City of Lodi, the City Council, elected and appointed Boards, Commissions, all officers and employees or agent from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained or arising from the services performed in this Agreement but only to the extent caused by the negligent acts, errors or omissions of the consultant and except those injuries or damages arising out of the active negligence of the City of Lodi or its agents, officers or agents. Section 4.3 No Personal Liability Neither the City Council, the City Engineer, nor any other officer or authorized assistant or agent or employee shall be personally responsible for any liability arising under this Agreement. Section 4.4 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided herein. Section 4.5 Insurance Requirements for CONSULTANT CONSULTANT shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect CONSULTANT and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from CONSULTANT'S operations under this Agreement, whether such operations be by CONSULTANT 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 $1,000,000 Bodily Injury - Ea. Occurrence/Aggregate $1,000,000 Property Damage - Ea. Occurrence/Aggregate or $1,000,000 Combined Single Limits 2. COMPREHENSIVE AUTOMOBILE LIABILITY K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF HDR CA Services Contract.doc 4 $1,000,000 Bodily Injury - Ea. Person $1,000,000 Bodily Injury - Ea. Occurrence $1,000,000 Property Damage - Ea. Occurrence M $1,000,000 Combined Single Limits NOTE: CONSULTANT agrees and stipulates that any insurance coverage provided to CITY shall provide for a claims period following termination of coverage. A copy of the certificate of insurance with the following endorsements shall be furnished to 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 and Employees as additional named insureds insofar as work performed by the insured under written Agreement with CITY. (This endorsement shall be on a form furnished to CITY and shall be included with CONSULTANT'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 by the company without 30 days' prior written notice of such cancellation to the City Attorney, City of Lodi, P.O. Box 3006, Lodi, CA 95241. (e) CONSULTANT agrees and stipulates that any insurance coverage provided to CITY 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.). "Claims made" coverage requiring the insureds to give notice of any potential K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF HDR CA Services Contract.doc 5 liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. Section 4.6 Worker's Compensation Insurance CONSULTANT shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of CONSULTANT'S employees employed at the site of the project and, if any work is sublet, CONSULTANT 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 CONSULTANT. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, CONSULTANT 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 City Attorney, City of Lodi, P.O. Box 3006, Lodi, CA, 95241. Section 4.7 Attorney's Pees 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 court. K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF HDR CA Services Contract.doc 6 Section 4.8 Successors and Assigns CITY and CONSULTANT each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONSULTANT 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 4.9 Notices Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is personally served or sent by certified mail or express or overnight delivery, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi F. Wally Sandelin, Public Works Director 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 To CONSULTANT: HDR Engineering, Inc. Timothy R. Fleming, Senior Vice President 2365 Iron Point Road, Suite 300 Folsom, CA 95630 Section 4.10 Cooperation of CITY CITY shall cooperate fully in a timely manner in providing relevant information that it has at its disposal. Section 4.11 CONSULTANT is Not an Employee of CITY It is understood that CONSULTANT is not acting hereunder in any manner as an employee of CITY, but solely under this Agreement as an independent contractor. Section 4.12 Termination CITY may terminate this Agreement by giving CONSULTANT 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. Upon termination, CONSULTANT shall be entitled to payment as set forth in the attached Exhibit A to the extent that the work has been performed. Upon termination, CONSULTANT 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 K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF HDR CA Services Contract.doc 7 services not completed or for contracts entered into by CONSULTANT with third parties in reliance upon this Agreement. Section 4.13 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 4.14 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. Section 4.15 Integration and Modification This Agreement represents the entire integrated Agreement between CONSULTANT and CITY; supersedes all prior negotiations, representations, or Agreements, whether written or oral, between the parties; and may be amended only be written instrument signed by CONSULTANT and CITY. Section 4.16 Applicable Law and Venue This Agreement shall be governed by the laws of the State of California. Venue for any court proceeding brought under this Agreement will be with the San Joaquin County Superior Court. 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 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer tapes or cards, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared for this project, shall be deemed the property of CITY. Upon CITY's request, CONSULTANT shall allow CITY to inspect all such documents during regular business hours. Upon termination or completion, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten (10) days. K:\WP\PROJECTS\WATER\SUrfaceWaterPlant\SWTF HDR CA Services Contract.doc 8 CITY agrees to indemnify, defend and hold CONSULTANT harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were prepared. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of the date first above written. ATTEST: By RANDIJOHL CITY CLERK APPROVED AS TO FORM: Dated: CITY OF LODI, a municipal corporation 21 KONRADT BARTLAM INTERIM CITY MANAGER HDR, Inc. By By: D. STEPHEN SCHWABAUER CITY ATTORNEY M Its: K:\WP\PROJECTS\WATER\SurfaceWaterPlant\SWTF HDR CA Services Contract.doc 9 August 27, 2010 Mr. F. Wally Sandelin, Public Works Director City of Lodi Public Works Department 211 West Pine Street Lodi, CA 95240 RE: Updated Proposal for Surface Water Treatment Facility and Transmission Project — Engineering Services Curing Construction Dear Mr. Sandelin: Attached please find the second draft of HDR's proposal to provide engineering services during construction for the City's Surface Water Treatment Facility and Transmission Project. items included with this proposal are: • Exhibit A - Scope of Work. • Exhibit B - Estimated Work Effort and Cost. Please contact me if you have any questions or comments. Sincerely, Ti y R. Fleming, P.E. Senior Vice President RGS:pk/10252 HDR Engineering, Inc. Richard G. Stratton, P.E. Project Manager / Vice President 2365 Iron Point Road, Suite 300 Phone (916) 817-4700 Folsom, CA 95630 Fax (916) 817-4747 www.hdrinc.com Lei ' • 1 • Nk City of Lodi Surface Water Treatment Facility and Transmission Project Engineering Services during Construction The following scope of services outlines the tasks and activities to be provided by HDR Engineering, Inc., (HDR) and West Yost Associates during the construction of the City of Lodi's (City's) Surface Water Treatment Facility and Transmission Project. For the purpose of estimating level of effort, this scope assumes a construction project duration of 22 months, including two months for startup and final acceptance. It is understood that the City will be the Construction Manager for the project. HDR and West Yost will provide consultation services during construction, providing continuity of our role as project designer. TASK 1 - PROJECT MANAGEMENT AND QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) Project Management This task includes the management activities required to efficiently provide HDR's scope of services and meet the City's goals. • Develop a project management work pian to serve as a communication too! i!! 'the City, HDR staff, and subconsultants. • Prepare invoices and decision log updates on a monthly basis. • Coordinate with the subconsultants, schedule staff, and coordinate the quality assurance effort. QA/QC Program • Institute and maintain a QA/QC program for the work performed on this project, including QC reviews of pertinent correspondence, deliverables, documentation, and project management data. • Schedule and institute internal audits of the project to assure compliance with the scope. TASK 2 - SITE VISITS / MONTHLY PROGRESS MEETINGS • Attend preconstruction conference with two HDR participants. • Make site visits to observe construction progress, verify design intent, assist in field decision making and problem resolution, and attend weekly construction progress meetings during 10252 8/27/108/27/2010 A-1 active construction. Attend meetings to provide design input on construction and submittal review issues and concurrently provide on-site observation. • Provide additional field visits to the construction site upon request to observe the work in progress and advise the City of any appropriate comments and/or concerns. • A total of 104 monthly progress meetings and up to five additional meetings/site visits, as requested by the City, with one or two HDR participants at each meeting site visit, are assumed. TASK 3 - SCADA AND ELECTRICAL, INSTRUMENTATION, AND CONTROL INTEGRATION FIELD SUPPORT Make site visits to verify design, assist with field problem resolution, and hold progress meetings to coordinate electrical and instrumentation supply, construction, and SCADA system integration. • Assume five meetings for the purpose of electrical, instrumentation, and control planning, coordination, and troubleshooting, including up to two participants from HDR. TASK 4 - SUBMITTAL REVIEW • Review shop drawing submittal schedule provided by the contractor. Notify contractor of acceptance or rejection of schedule noting deficiencies and indicating contractor action required. • Distribute copies of approved schedule to design team members responsible for shop drawing reviews. • Receive, log, and distribute submittals received from Construction Manager to appropriate design team members for review. • Review and comment on contractor's submittals including: vendor tests, specification, and reports, as required by the technical specifications, for work related to HDR's scope of design services, and vendor operations and maintenance (O&M) manuals. HDR will review and accept contractor submittals, such as shop drawings, product data, samples, and other data, for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication process, construction means or methods, coordination of the work with other trades, or construction safety precautions, all of which are the sole responsibility of the contractor. HDR's review will be conducted with reasonable promptness while allowing sufficient time in HDR's judgment to permit adequate review. Review of a specific item will not indicate that HDR has reviewed the entire assembly of which the item is a component. HDR will not be responsible for any deviations from the contract documents not brought to the attention of HDR in writing by the contractor. HDR will not be required to review partial submissions nor those for which submissions of correlated items have not been received. Reviews shall be performed by the engineer that designed the project element or acceptable 10252 8/27/108/27/2010 A-2 substitute. Budget is based upon 300 submittals, including resubmittals and four engineering hours, 0.5 project manager hours, and one clerical hour per submittal. TASK 5 - REQUEST FOR INFORMATION/REQUEST FOR CLARIFICATION (RFI/RFC) REVIEW AND RESPONSE • Review RFls and RFCs, and provide response options and recommendations in a timely manner, including expedited reviews for time sensitive RFIs/RFCs. Prepare design clarifications as required to clarify design intent. Budget is based upon 200 RFls and four engineering hours, 0.5 project manager hours, 0.5 clerical hours, and 0.5 CAD hours per RFI. TASK 6 - PROPOSED CONTRACT MODIFICATIONS (PCMS) AND CHANGE ORDER ASSISTANCE PCMs • Prepare PCM for design changes, including design calculations, drawings, justification, and cost estimates. Budget is based upon up to eight PCMs and supporting documentation, at an average of 10 engineering hours, four project manager hours, 12 CAD hours, and four clerical hours per PCM. Change Order Assistance • Assist the City in reviewing proposed change orders for conformance with the design intent and verification of proposed cost. Budget is based upon review of eight change order requests at an average of four project manager hours and four engineering hours per review. TASK 7 - FINAL PUNCH LIST • Participate in a two-day site visit to develop items for the punch list (three participants from HDR). Prepare and provide items for incorporation into the final punch list maintained by the Construction Manager. • Review progress completion on punch list items and conduct a two-day site visit to observe completed work and develop final punch list (one participant from HDR). TASK 8 - STARTUP AND TESTING • Attend commissioning team meetings and provide startup and initial operating assistance including assistance in the development, review, and implementation of the contractor's startup and sequencing plan for the SCADA system, membrane systems, pumping stations, and ancillary systems. • Witness functional testing and performance testing. Provide oversight to confirm that the facilities function properly and meet performance criteria as established in the contract documents. 10252 8/27/108/27/2010 A-3 • Budget is based upon a labor allocation of 200 engineering hours and 6 administration hours. TASK 9 — RECORD DRAWINGS The contractor is responsible for maintaining a single field mark-up set, and the City's red- lines should be contained in a single marked -up set. HDR will provide CAD -generated record drawings from the contractor's and City's "red -line" field mark-up set. Details and drawings will be updated based upon review of City/contractor redlines and actual equipment shop drawings. Detailed shop drawing information will not be placed on the drawings, but will be used to correct the original drawings. Reconcile PCMB and change orders with contractor mark-ups to ensure contract changes have been incorporated. • One full-size (22" x 34") bond set, one PDF file, and one set of CAD files of the record drawings will be provided. • Budget is based upon 360 drawings, 0.5 engineering hour, and one CAD hours per drawing. TASK 10 — TECHNICAL REPORT TO SUPPORT SURFACE WATER TREATMENT FACILITY PERMIT APPLICATION • Section 116530 of the Safe Drinking Water Act, entitled "Technical report" states, "A public water system shall submit a technical report to the department as part of the permit application or when otherwise required by the department. This report may include, but not be limited to, detailed plans and specifications, water quality information, and physical descriptions of the existing or proposed system, and financial assurance information." • Prepare the technical report in accordance with the California Waterworks Standards. • Submit one PDF copy of the draft report to the California Department of Public Health (CDPH) and the City for review and approval prior to preparing the final copies for binding. • Three bound copies of the final report plus CD with both PDF and MSWord versions will be provided to the City. TASK 11 — O&M MANUAL AND OPERATIONS PLAN Prepare a facility O&M manual and Operations Plan that covers the operation of the raw water pump station and the surface water treatment facility. The O&M manual will be a complete document with process schematics, photos showing location of key components, and process and instrumentation diagrams (P&IDs). It will cover operation of each of the plant's components, control descriptions and normal facility setpoints, equipment specifications, and general troubleshooting procedures. The O&M manual will include general operating guidance for the membrane system and will reference more detailed membrane operating procedures to be provided by the membrane supplier. • Submit one PDF copy of the draft O&M manual to the City and CDPH for review and approval prior to preparing the final copies for binding. The O&M Manual will include an Operations Plan in accordance with the California Waterworks Standards. 10252 8/27/108/27/2010 A-4 • Provide three bound copies of the final O&M manual, in three-ring binders, plus a CD with both PDF and MSWord versions. OPTIONAL ITEM TASK — TRAINING FOR CITY STAFF • Review training manuals prepared by others, such as equipment suppliers. After completing the O&M manual (see Task 12), prepare course materials and conduct training sessions for O&M personnel on each surface water treatment facility unit process and on the overall operation of the plant. Operator training shall include approximately 40 hours of classroom training with handouts as required. Budget is based upon an allocation of 100 engineering/operations specialist hours, 32 project manager hours, 14 hours electrical engineer, and 20 administration hours. Training will be conducted in classrooms at the plant or another location provided by the City. CITY AND CONTRACTOR/ RESPONSIBILITIES • The City will be responsible for construction management, including, but not limited to, processing payment requests, document management, dispute resolution, progress meetings, inspection, testing supervision, and final closeout. • Contractor is responsible for completing the project within the time allowed in the contract or be subject to liquidated damages. • The contractor must submit updated redline as -built mark-ups prior to receiving an approval on each payment request. • The contractor is responsible for their means and methods of constructing the project subject to the contract documents, applicable laws and codes, construction site safety, and coordination of work between trades. 10252 8/27/108/27/2010 A-5 EXHIBIT B - ESTIMATED WORK EFFORT AND COST City of Lodi Surface Water Treatment Facility and Transmission Project - Engineering Services During Construction Optional Item 01 Training for City Staff 2 1 32 1 100 1 14 20 168 $27,692 $ 2,769 $ 30,461 10252 8/27/2010 HDR Engineering, Inc. Task No. Task Description Principaill •• •Process Project Ci it[ � Arch 0171111111111111111 1 Project Management and QA/QC 6 58 72 136 $21,077 $ 1,686 $ 6,600 $ 29,363 2 Site Visits/Progress Meetings (up to 109) 80 300 16 4 12 20 432 $70,477 $ 7,048 $ 11,000 $ 88,524 3 SCADA and Electrical, Instrumentation, and Control Integration Field Support (up to 5 meetings) 8 8 40 4 60 $11,681 $ 1,168 $ 12,849 4 Submittal/O&M Manual Review (up to 300) 150 220 140 136 132 172 140 300 1,390 $206,633 $ 20,663 $ 46,200 $ 273,496 5 RFI/RFC Review and Response (up to 200) 100 156 90 90 80 120 120 100 856 $132,517 $ 13,252 $ 25,850 $ 171,619 6 PCM and Change Order Assistance (up to 8, each) 64 62 6 6 6 8 96 32 280 $42,165 $ 4,217 $ 7,700 $ 54,082 7 Final Punch List 16 8 8 16 5 53 $9,777 $ 978 $ 2,200 $ 12,955 8 Startup and Testing 16 96 12 27 8 159 $26,329 $ 2,633 $ 7,700 $ 36,662 9 Record Drawings 16 20 68 8 8 8 8 360 24 520 $67,118 $ 6,712 $ 13,200 $ 87,030 10 Technical Report to Support Permit Application 12 38 121 40 40 251 $38,056 $ 3,806 $ 41,861 11 O&M Manual and Operations Plan 12 64 140 16 24 80 88 424 $63,059 $ 6,100 $ 6,600 $ 75,759 TOTALS46 614 1,179 260 244 1 274 415 1 836 1 693 4,561 $688,889 $68,261 $127,050 $884,200 Optional Item 01 Training for City Staff 2 1 32 1 100 1 14 20 168 $27,692 $ 2,769 $ 30,461 10252 8/27/2010 HDR Engineering, Inc. Exhibit C HDR ENGINEERING, INC. STANDARD RATE SCHEDULE November 2010 to August 2012 City of Lodi Surface Water Treatment Facility and Transmission Project - Engineering Services During Construction Project Principal 295 Sr. Financial Specialist 259 Sr. Project Manager 251 Sr. Project Engineer 243 Sr. Cost Estimating Specialist 230 Sr. Structural Engineer 222 Electrical IV 215 Mechanical Engineer III 191 Operation Specialist 184 Electrical Engineer III 172 Process Engineer 172 Project Engineer II 160 CAD Manager 160 Architect 1 154 Mechanical Engineer 1 151 Civil Engineer 139 Sr. CAD Tech 137 CAD Tech III 126 r u n r_Oject Controller 11 124 Structural Engineer 117 Cost Estimator 117 Sr. Administrative 105 Engineer -in -Training 102 Drafter III 93 Clerical 70 Please Note: Rates include current overhead rate plus profit. EXPENSES In -House Expenses Technology Charge per Direct Labor Hour Vehicle Mileage (per mile) Color Copy (per copy) Photocopies (per copy) Bond Plotting - Black & White (per square foot) Bond Plotting - Color (per square foot) Vellum - Black & White (per square foot) Mylar - Black & White (per square foot) $3.70 Current Federal Travel Regulation (FTR) $0.75 to $1.50 $0.10 to $0.20 $0.135 $0.50 $0.50 $0.90 Please Note:Technology charges include computer, CADD, network, software, and other related technology services. Expenses and subconsultants are charged with a 10 percent markup. L¢ S J C 0 G, Inc. City of Lodi Surface Water 'Treatment Plant APNs: 015-230-15 et al. SJMSCP Incidental 'fake Minimization Measures Date: October 12, 2010 Total Disturbed Acres Anticipated: 17.4 acres Project Jurisdiction: City of Lodi Species/Habitat Findinl4s: Advisory Statements After inspecting the project site, and project site conditions, the San Joaquin Council of Governments (SJCOG) provides the following advisory stateivents to the applicant. No further action is required with the SJCOG with respect to the following statements. SJCOG does not accept any liability for the accuracy of these statements since each regulatory agency discussed below must determine the extent of its own regulatory authority with respect to the proposed project. Nonetheless, we are reasonably confident that the advice provided in this paragraph is sound. The proposed project as reviewed will not likely affect areas/habitats that would be regulated by the California Department of Fish and Game (CDI�(.�) pursuant to Section 1602 of the Fish and Game Code (i.e., will not require a streambed alteration agreement). It should be noted that two important federal agencies (U.S. Army Corps of Engineers and the California Regional Water Quality Control Board) have not issued permits to the SJCOG and so payment of the fee to use the SJMSCP will not modify requirements now imposed by these two agencies. Potential waters of the United States [pursuant to Section 404 Clean Water Act] may occur on the project site. It therefore may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would likely be required from each of these resource agencies prior to impacting these features on the project site. 11k, V 555 East Weber Avenue ® Stockton, CA 95202 (209) 235-0600 ® FAX (209) 235-0438 San Joaquin County Multi -Species Habitat Conservation & 3� � Open Space Plan (SJMSCP) Y City of Lodi Surface Water 'Treatment Plant APNs: 015-230-15 et al. SJMSCP Incidental 'fake Minimization Measures Date: October 12, 2010 Total Disturbed Acres Anticipated: 17.4 acres Project Jurisdiction: City of Lodi Species/Habitat Findinl4s: Advisory Statements After inspecting the project site, and project site conditions, the San Joaquin Council of Governments (SJCOG) provides the following advisory stateivents to the applicant. No further action is required with the SJCOG with respect to the following statements. SJCOG does not accept any liability for the accuracy of these statements since each regulatory agency discussed below must determine the extent of its own regulatory authority with respect to the proposed project. Nonetheless, we are reasonably confident that the advice provided in this paragraph is sound. The proposed project as reviewed will not likely affect areas/habitats that would be regulated by the California Department of Fish and Game (CDI�(.�) pursuant to Section 1602 of the Fish and Game Code (i.e., will not require a streambed alteration agreement). It should be noted that two important federal agencies (U.S. Army Corps of Engineers and the California Regional Water Quality Control Board) have not issued permits to the SJCOG and so payment of the fee to use the SJMSCP will not modify requirements now imposed by these two agencies. Potential waters of the United States [pursuant to Section 404 Clean Water Act] may occur on the project site. It therefore may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would likely be required from each of these resource agencies prior to impacting these features on the project site. SJMSCP Covered Animal Species Potentially Occurring on Project Site Animal Species Findings --- Western burrowing owl No suitable habitat for this species occurs Athene cunicularia on project site. Swainson's hawk Suitable nesting and foraging habitat for Buteo swainsoni this species occurs on the project site. Fish — - _ Delta smelt This species may occur in Mokelumne Flypomesus transpacificus River immediately north of the project site. No impacts to the river will occur as a result oFthe proposedrp oject. Reptiles Giant garter snake This species is not known to occur in the Thamnophis gigas Mokelumne River immediately north of the project site. flowever, this species has been recorded within 6 miles of the project site. Western pond turtle Suitable nesting habitat for this species Actinemys marmorata occurs on the banks the Mokelumne River immediately north of the project site. Amphibians California tiger salamander breeding or estivating habitat �No�ad Ambystoma californiense ent to the project site. Insects _ Valley elderberry longhorn beetle No elderberry bushes occur on the project Desmocerus californicus dimorphus site. Mammals _ Western red bat Although this species is not covered by Lasiurus blossevillii the SJMSCP, it is a California species of special concern that was recorded by the CNDDB approximately 4 miles west of the project site. This species may occur in the mature riparian habitat on the river banks of the project site. However, no impacts to riparian habitat will occur as a result of the proposed project. Red bat "Phis species may occur in the mature Lasiurus borealis riparian habitat on the river banks of the project site. However, no impacts to riparian habitat will occur as a result of the proposed project. Yuma myotis This species may roost in the barn that is Myotis yumanensis proposed to be moved. SJMSCP Covered Plant Species Potentially Occu ring on Project Site Plant Species_ Findings Bristly sedge This species may occur along the river Carex comosa bank immediately west of the project site. River bank will not be impacted by proposed project. Delta mudwort This species may occur along the river Limosella subulata bank immediately west of site. River bank will not be impacted by proposed project_ Delta tule pea "Phis species may occur along the river Lathyrus jepsonii var. jepsonii bank immediately west of site. River bank will not be impacted by pro osed_project. _ Mason's lilaeopsis This species may occur along the river Lilaeopsis masonii bank immediately west of site. River bank will not be impacted by proposed project. _ Mad -dog skullcap This species may occur along the river Scutellaria lateriflora bank immediately west of site. River bank will not be impacted by proposed project. ------ -- ---- - Suisun marsh aster -- ----- This species may occur along the river Symphyotrichum lentum bank immediately west of site. River bank will not be impacted by proposed project. Woolly rose -mallow This species may occur along the river Hibiscus lasiocarpus var. occidentalis bank immediately west of site. River bank will not be impacted_by proposed project_ Habitat Types to be Disturbed: _ Habitat Type Acreage Agriculture (C212.4 acres Urban (U) -- _ -- 5 acres - - Total 17.4 acres Conditions Prior to Issuance of a Building Permit: Pay the appropriate fee based on current fee categories and rates to SJCOG Inc. • Multi-purpose Habitat Land $7,307.00 Y 12.4 AC of disturbance = $90,606.80 Total Fee due: $90,606.80 Note: If fees are not paid prior to January 1, 2011 this project will be subject to the subsequent fee increase, and the fee above will no longer be applicable. 3 Initial The following conditions are prescribed by the San Joaquin County Multi -Species Ilabitat Conservation and Open Space Plan (SJMSCP) for the proposed project. A. Prior to Commencing Construction to Occur Between February lst and September 0: The Project Proponent shall have SJCOG approved biologist conduct a preconstruction nesting survey for Swainson's hawk and other common bird species subject to the Migratory Bird Treaty Act. Pursuant to the Migratory Bird "Treaty Act (16 USC 703-711), it is unlawful to "take" (kill, harm, harass, shoot, etc.) any migratory bird listed in Title 50 ofthe Code of Federal Regulations, Section 10. 13, including their nests, eggs, or young. Migratory birds include geese, chicks, shorebirds, raptors, songbirds, wading birds, seabirds, and passerine birds (such as warblers, flycatchers, swallows, etc.). If nesting SJMSCP covered bird species are found, the project proponent shall implement the following measures: If Swainson's hawk nest trees have been retained pursuant to condition B (see below), a preconstruction survey for active Swainson's hawks shall be conducted prior to construction for all construction activities occurring between February 15"' and September 1". All construction activities shall remain a distance of two times the dripline of the tree from any occupied nest. No construction or earth -moving activity should occur within the non -disturbance buffer until it is determined by SJCOG approved biologist that the young have fledged (that is, left the nest) and have attained sufficient flight skills to avoid project construction zones. 2. If common birds are found nesting within 75 feet of the project site, a setback of 75 feet from any active nest shall be established and maintained during the nesting season for the period encompassing egg laying until fledglings leave nests. This setback applies whenever construction or other ground -disturbing activities are scheduled during the nesting season if an active nest is identified by the project biologist. Setbacks shall be marked by orange construction fencing or other temporary exclusion fencing. Existing roads that are actively used, and similarly buildings, other structures, etc. that were actively in use when the nest was constructed are not subject to the nest protection buffer, but the level of human activity must remain consistent from the time the nest was constructed or first in use until young fledge. That is, new types of activities and disturbance must be avoided within the nest protection buffer. In addition, if nests are found in existing structure(s) that are proposed to be removed or modified, these actions may not occur until a SJCOG approved biologist confirms that young fledged the nest and/or the nest is no longer in use. All nesting buffers shall remain in place until SJCOG approved biologist confirms that young fledged the nest and/or the nest is no longer in use. 11 B. A. Prior to Commencing Construction to Occur Between September 1St and February 1St: The Project Proponent has the option of retaining known or potential Swainson's hawk nest trees (i.e., trees in which are known to have nested within the past three years or trees, such as large oaks or cottonwoods, which the hawks prefer) or removing the nest trees. If the project proponent opts to retain a nest tree and the nest tree becomes occupied during construction activities, then all construction activities shall remain a distance of" two times the dripline of the tree, as measured from the nest. If the Project Proponent elects to remove a nest tree, then nest trees shall be removed between September 1 and February 15`x', when nests are unoccupied. C. Prior to Commencing Construction to Occur between April 1 and November 31: Western pond turtles may nest on the river banks adjacent to the project site. The Project Proponent shall have a SJCOG approved biologist conduct a preconstruction nesting survey for western pond turtle. If nesting areas for pond turtles are identified on a project site, a buffer area of 300 feet shall be established between the nesting site (which may be immediately adjacent to the river or extend up to 400 feet away from the river banks in uplands). These buffers shall be indicated by temporary fencing if construction has or will begin before nesting periods are needed (the period from egg laying to emergence of hatchlings is normally April to November). 1). Prior to Commencing Construction to Occur Between October 2"" and April 30th: See section E below for minimization and avoidance measures for the giant garter snake. Between October 2nd and April 30"', the JPA, with the concurrence of the Permitting Agencies' representatives on the TAC, shall determine if additional measures are necessary to minimize and avoid take of the giant garter snake. F. Prior to Commencing Construction to Occur Between May 1St and October 1St. 1. Construction shall occur during the active period for the giant garter snake, between May 1 and October 1. Between October 2"" and April 30`x', the JPA, with the concurrence of the Permitting Agencies' representatives on the TAC, shall determine if additional measures are necessary to minimize and avoid take. 2. Limit vegetation clearing within 200 feet of the banks of potential giant garter snake aquatic habitat to the minimal area necessary. 3. Confine the movement of heavy equipment within 200 feet of the banks of potential giant garter snake aquatic habitat to existing roadways to minimize habitat disturbance. 5 4. Prior to ground disturbance, all on-site construction personnel shall be given instruction regarding the presence of SJMSCP Covered Species and the importance of avoiding impacts to these species and their habitats. 5. In areas where potential giant garter snake habitats are being retained on the site: a. Install temporary fencing at the edge of the construction area and the adjacent riparian habitat; b. Restrict working areas, spoils and equipment storage and other project activities to areas outside of riparian habitat; and c. Maintain water quality and limit construction runoff into wetland areas through the use of hay bales, filter fences, vegetative buffer strips, or other accepted equivalents. 6. Pre -construction surveys for the giant garter snake (conducted after completion of environmental reviews and prior to ground disturbance) shall occur within 24 hours of ground disturbance. 7. Other provisions of the USFWS Standard Avoidance and Minimization Measures during Construction Activities in Giant Garter Snake Habitat (attached) shall be implemented (excluding programmatic mitigation ratios which are supported by the SJMSCP's mitigation ratios). F. Prior to Commencing Construction: Preconstruction surveys for the Yuma myotis shall be conducted by an SJCOG approved biologist in the barn that is proposed to be moved, within a week prior to commencement of construction. If a nursery site is detected prior to the nursery season (May through August), this site shall be sealed. Seal hibernation sites, prior to the hibernation season (November through March) when hibernation sites are identified on the project site. Alternatively, grating may be installed as described in 5.5.9(E)(1) of the SJMSCP. If a colonial roosting site is detected, removal shall occur outside of the nursery and/or hibernation seasons (May through August; November through March) and shall occur during dusk and/or evening hours after bats have left the roosting site, unless otherwise approved pursuant to Section 5.2.3.2 of the SJMSCP. G. During project construction: All food -related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in closed containers and removed at least once a week from the construction site. M In reliance on the Section 10(a)(1)(B) Permit issued by the United States Fish and Wildlife Service and the Section 2081(b) Incidental Take Permit issued by the California Department of Fish and Game, City of Lodi has consulted with and agreed to allow coverage pursuant to the SJMSCP for the City of Lodi Surface Water Treatment Plant Project, its successors, agents and assigns pursuant to the "Implementation Agreement for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan" which will allow the City of Lodi Surface Water Treatment Plant Project, its successors, agents and assigns to construct, operate and maintain the Project commonly known as the City of Lodi Surface Water "Treatment Plant Project and located on Assessor Parcel Number 015-230-15 which could result in a legally permitted Incidental T'ake of the SJMSCP Covered Species in accordance with and subject to the terms and conditions of the City of Lodi Surface Water Treatment Plant Project approved by the City of Lodi. This Certification applies only to activities on the subject parcel(s) which are carried out in frill compliance with the approved plans for the City of Lodi Surface Water Treatment Plant Project, Section I0(a)(1)(B) Permit, and Section 2081(b) Incidental Take Permit conditions. I have read, acknowledge, and agree to the preceding conditions: Project Proponent Please Print Name Here Date 7 RESOLUTION NO. 2010-182 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING SUBSTITUTION OF SUBCONTRACTORS, REJECTING BID PROTEST, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR CONSTRUCTION, MEMBRANE FILTRATION SYSTEM, TESTING AND INSPECTION SERVICES, FURNITURE, CONSTRUCTION ADMINISTRATION SERVICES, AND INCIDENTAL TAKE MINIMIZATION MEASURES FOR THE SURFACE WATER TREATMENT FACILITY PROJECT AND FURTHER APPROPRIATING FUNDS 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 September 16, 2010, at 2:00 p.m., for the City of Lodi Surface Water Treatment Plant, described in the plans and specifications therefore approved by the City Council on July 21, 2010; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows: Bidder Location 17--m - Engineer's Estimate $32,000000 C. Overaa & Company G.S.E. Construction Company, Inc. Auburn Constructors S.J. Amoroso Construction W.M. Lyles Company Monterey Mechanical Company Gateway Pacific Contractors Western Water Constructors, Inc. J.R. Filanc Construction Company Richmond $22,837,000 Livermore $24,548,000 Sacramento $25,200,300 Redwood Shores $25,697,000 West Sacramento $26,176,000 Oakland $26,660,000 Sacramento $27,998,129 Santa Rosa $28,365,000 Escondido $28,760,000 WHEREAS, C. Overaa & Company has requested a substitution of A.M. Stephens Construction Company, Inc., of Lodi, California, for Sierra Equipment Rental, Inc., of Glenn, California, and of FD Thomas, of Medford, Oregon, for National Coatings and Lining Company, of Lake Elsinore, California, and has set forth evidence that the listed contractors were listed by mistake, consistent with the requirements of Public Contracts Code Section 4107; and WHEREAS, G.S.E. Construction, of Livermore, California, has protested C. Overaa & Company's award based on its assertion that Overaa did not list an approved subcontractor for the traffic signal scope of work. C. Overaa & Company has provided the City with documentation that the traffic signal work is included in the approved electrical contractor's (San Joaquin Electric) scope of work. The work will be performed by Pacific Excavation, Inc. as a subcontractor to San Joaquin Electric; and WHEREAS, staff recommends awarding the contract for the City of Lodi Surface Water Treatment Plant to the low bidder, C. Overaa & Company, of Richmond, California, in the amount of $22,837,000; and WHEREAS, at the December 16, 2009, City Council meeting, Pall Corporation was authorized as the membrane filtration system supplier, and staff, along with HDR Engineering, has negotiated the necessary terms and requirements of the membrane filtration system to meet our specific project needs, with a total contract amount of $890,000; and WHEREAS, Krazan & Associates, Inc., provided the same inspection and testing services for all phases of the White Slough Water Pollution Control Facility upgrades. Krazan & Associates will also provide an inspector to assist the City Building Inspector who has been previously approved by the Building Division to represent their interests. The time -and -materials contract for testing and inspection services is not to exceed $488,000; and WHEREAS, on April 20, 1994, City Council established Haworth, Inc., as the standard office systems furniture manufacturer for City projects. Durst Contract Interiors is the local authorized vendor for Haworth products and installation. The total contract for furniture is $52,025; and WHEREAS, staff recommends HDR Engineering, Inc., perform the construction administration services. As the design engineer for this project, HDR is ideally suited to perform these duties. This is a time -and -materials contract with a not -to -exceed maximum of $890,000; and WHEREAS, to meet the requirements of the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan, compensation is required for converting open space to non -open space use and an Incidental Take Minimization Measures agreement is required to be executed by the City. This is a one-time fee of $90,606.80; and WHEREAS, the total project estimate is $36,500,000, which includes the construction contract, membrane filtration system, shop tools and equipment, furniture, property acquisition, permit fees, construction administration services, testing and inspection contract, construction contingencies, and other project -associated expenses; and WHEREAS, staff recommends a total project appropriation of $36,500,000 from the sale of the bonds approved at the October 6, 2010, Council meeting. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the substitution of A.M. Stephens Construction Company, of Lodi, California, for Sierra Equipment Rental, Inc., of Glenn, California, and of FD Thomas, of Medford, Oregon, for National Coatings and Lining Company, of Lake Elsinore, California; reject the bid protest of G.S.E. Construction, of Livermore, California; authorize the City Manager to execute contracts with C. Overaa & Company, of Richmond, California, for construction ($22,837,000), Pall Corporation, of Port Washington, New York, for membrane filtration system ($3,926,081), Krazan & Associates, of Modesto, California, for testing and inspection services ($488,000), Durst Contract Interiors, of Stockton, California, for furniture ($52,025), HDR Engineering, of Folsom, California, for construction administration services for Surface Water Treatment Facility Project ($890,000), and San Joaquin Council of Governments for Incidental Take Minimization Measures ($90,606.80); and BE IT FURTHER RESOLVED that funds in the amount of $36,500,000 be appropriated from the Water Fund. Dated: October 20, 2010 I hereby certify that Resolution No. 2010-182 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 20, 2010, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, and Mayor Katzakian NOES: COUNCIL MEMBERS — Hitchcock and Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2010-182 The City of Lodi Public Works Engineering firr ■ ■ firs • f ; _ F Surface Water Treatment Facilities Item H-1 October 20, 2010 1 1111 jot .�._. Y � Surface Water Treatment Facilities Public hearing — Subcontractor Substitutions • Sierra Equipment Rental, Inc by A.M. Stephens Construction Company, Inc. • National Coating and Lining Co. by FD Thomas — G.S.E. Construction Protest — failure to list subcontractor (Pacific Excavation) • Recommended Motion/Action —Approve Substitutions — Reject Protest Schedule ➢Notice Inviting Bids — August 5, 2010 ➢Open Bids - September 14, 2010 ➢ Financing Approvals — October 6, 2010 ➢ Bond Pricing — October 19, 2010 ➢Award Contract — October 20, 2010 ➢Close Bond Sale — October 28, 2010 ➢ Construction Period 24 Months Ure Budget Item Amount Site Acquisition (Parks Dept.) $172007000 Wastewater Capacity Charge 1,472,912 Other Fees 730,580 Utility Services 5007000 Construction Contract 2278377000 Project Management (City Staff) 240,000 Testing and Inspection 4927000 Pall Membrane System 379267081 Equipment and Furnishings 4277026 Contract Administration (HDR) 8907000 Contingency (16%) 3,784,401 Project Total Budget $3675007000 �Ce? Recommended Action Adopt resolution authorizing City Manager to execute agreements and appropriating funds in the amount of $36,500,000 1. C. Overaa & Co. for construction 3. Pall Corp. for membrane system 3. Krazan & Assoc. for testing and inspection 4. Durst Contract Interiors for furniture 5. HDR, Inc. for construction mangement 6. SJCOG for habitat mitigation fees Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER ITEMS RELATED TO SURFACE WATER TREATMENT FACILITY PROJECT PUBLISH DATE: SATURDAY, OCTOBER 9, 2010 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, OCTOBER 7, 2010 ORDERED BY: RANDI JOHL CITY CLERK JNIFER NV ROBISON, CMC A ISTANT CITY CLERK Faxed to the S LNS forms\advins.doc el at 369-1 MARIA BECERRA ADMINISTRATIVE CLERK time), on 10 '7 _(date) �(Pages) u. + I Ifirn 1 CF MB JMR (i OQ tib 9��FOR�DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER ITEMS RELATED TO SURFACE WATER TREATMENT FACILITY PROJECT On Friday, October 8, 2010, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider items related to Surface Water Treatment Facility Project (attached and marked as Exhibit A) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on October 8, 2010, at Lodi, California. rl",�� i,1 =•: • • N:\Administration\CLERK\Forms\DECPOSTPW.DOC RANDI JOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK CITY OF LODI Carnegie Forum . 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: October 20, 2010 Time: 7:00 p.m. For information regarding this notice please contact: Randi Johl, City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, October 20, 2010, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Substitution of listed subcontractors and bid protest; adopt resolutions authorizing the City Manager to execute agreements with the following entities for the Surface Water Treatment Facility Project; and appropriating funds in an amount not to exceed $36,500,000 for the total project: • C.Overaa & Co., of Richmond, for Construction • Pall Corporation, of Port Washington, New York, for Membrane Filtration System • Krazan & Associates, of Modesto, for Testing and Inspection Services • Durst Contract Interiors, of Stockton, for Furniture • Various Communuity Groups for Tree Mitigation • HDR Engineering, of Folsom, for Construction Administration Services Information regarding this item may be obtained in the Public Works Department, 221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By tio f the Lodi City Council: City Clerk Dated: October 7, 2010 A proved as to form: D. Stephen Schwabauer City Attorney CLERK\PUBHEAR\NOTICES\NotPW.doc 10/7/10 X., V-1.1bi i NOTICE IS HEREBY GIVEN that on Wednesday, October 20, 2010, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Substitution of listed subcontractors and bid protest; adopt resolutions authorizing the City Manager to execute agreements with the following entities for the Surface Water Treatment Facility Project; and appropriating funds in an amount not to exceed $36,500,000 for the total project: • C.Overaa & Co., of Richmond, for Construction • Pall Corporation, of Port Washington, New York, for Membrane Filtration System • Krazan & Associates, of Modesto, for Testing and Inspection Services • Durst Contract Interiors, of Stockton, for Furniture • Various Communuity Groups for Tree Mitigation • HDR Engineering, of Folsom, for Construction Administration Services Information regarding this item may be obtained in the Public Works Department, 221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By tio f the Lodi City Council: City Clerk Dated: October 7, 2010 A proved as to form: D. Stephen Schwabauer City Attorney CLERK\PUBHEAR\NOTICES\NotPW.doc 10/7/10 CITY COUNCIL PHIL KATZAKIAN, Mayor SUSAN HITCHCOCK, 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 October 15, 2010 C. Overaa & Company Pall Corporation 200 Parr Boulevard 25 Harbor Park Drive Richmond, CA 94801 Port Washington, NY 11050 HDR Engineering Krazan & Associates Timothy Fleming, Sr. VP Shawn Baker, Division Mgr. 2365 Iron Point Road, Ste. 300 448 Mitchell Road, Ste. C Folsom, CA 95630 Modesto, CA 95354 KONRADT BARTLAM Interim City Manager RANDIJOHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director Durst Corporation 2750 Cherokee Road Stockton, CA 95205 Finance Team SUBJECT: Public Hearing to Consider Substitution of Listed Subcontractors and Bid Protest; Adopt Resolution Authorizing the City Manager to Execute Agreements with the Following Entities for the Surface Water Treatment Facility Project; and Appropriating Funds in the Amount of $36,5000 for the Total Project: A) C. Overaa & Company, of Richmond, for Construction ($22,837,000); B) Pall Corporation, of Port Washington, New York, for Membrane Filtration System ($3,926,081); C) Krazan & Associates, of Modesto, for Testing and Inspection Services ($488,000); D) Durst Contract Interiors, of Stockton, for Furniture ($52,025); E) HDR Engineering, of Folsom, for Construction Administration Services ($890,000); F) SJCOG for Incidental Take Minimization Measure Agreement ($90,607) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, October 20, 2010. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak 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 Gary Wiman, Construction Project Manager, at (209) 333-6800, extension 2054. F. Wally Sandelin Public Works Director FWS/pmf Enclosure cc: City Clerk NCC AWARD SWTF.DOC