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HomeMy WebLinkAboutAgenda Report - March 4, 2015 C-08C'... 8 (i) CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 5 and Appropriating Funds ($3,400,707): A. Knife River Construction, of Stockton, for Construction ($2,778,225) B. RMC Water and Environment, of Walnut Creek, Task Order No. 7 for Engineering Services During Construction ($37,482) C. Neil O. Anderson and Associates, of Lodi, for Construction Testing and Inspection Services ($250,000) D. Henderson Bros. Company, Inc., of Lodi, for On -Call Residential Plumbing Services ($40,000) MEETING DATE: March 4, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute agreements with the following entities for the Water Meter Program Phase 5 and appropriating funds in the amount of $3,400,707: A. Knife River Construction, of Stockton, for construction in the amount of $2,778,225. B. RMC Water and Environment, of Walnut Creek, Task Order No. 7 for engineering services during construction in the amount of $37,482. C. Neil O. Anderson and Associates, of Lodi, for construction testing and inspection services in the amount of $250,000. D. Henderson Bros. Company, Inc., of Lodi, for on-call residential plumbing services in the amount of $40,000. BACKGROUND INFORMATION: At the May 2, 2007 City Council meeting, the Water Meter Retrofit Policy was adopted. The primary objectives of the Water Meter Retrofit Policy were to accelerate the installation of residential water meters and shorten the time period during which customers would be paying for water on a flat rate versus on usage. A. Phase 5 Construction Contract At the October 20, 2010 City Council meeting, a seven-year construction phasing was approved and the property owner meter payment was capped at $300 per parcel. The project area for Phase 5 is presented in Attachment A and includes the installation of 1,338 meters and the replacement of 22,130 feet (4.2 miles) of water main. APPROVED Stephen cftwabauer, City Manager K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 5\CAward.doc 2/18/2015 Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 5 and Appropriating Funds ($3,400,707): A. Knife River Construction, of Stockton, for Construction ($2,778,225) B. RMC Water and Environment, of Walnut Creek, Task Order No. 7 for Engineering Services During Construction ($37,482) C. Neil O. Anderson and Associates, of Lodi, for Construction Testing and Inspection Services ($250,000) D. Henderson Bros. Company, Inc., of Lodi, for On -Call Residential Plumbing Services ($40,000) March 4, 2015 Page 2 Plans and specifications for this project were approved on December 17, 2014. The City received four bids for the project on February 12, 2015 that are summarized below: Engineer's Estimate Knife River Construction Teichert Construction West Valley Const. Co Inc. Northern Underground B. Engineering Services During Construction $3,277,210.00 Stockton $2,778,225.00 Davis $2,841,842.00 San Jose $3,398,398.00 San Jose $4,926,855.00 Staff recommends RMC Water and Environment (RMC), of Walnut Creek, perform engineering services during construction. As the design engineer for this project, RMC is ideally suited to perform these duties for the Phase 5 Project. This is Task Order No. 7 to the Master Professional Services Agreement and is a time -and -materials contract with a not -to -exceed maximum of $37,482. Task Order No. 7 is provided as Attachment B. C. Construction Testing and Inspection Services Staff recommends Neil O. Anderson, of Lodi, perform construction testing and inspection services for the Phase 5 Project. Neil O. Anderson will provide two inspectors who will work under the direction and supervision of the City Construction Project Manager to provide quality control inspection and documentation of the daily work activities to insure compliance with contract requirements. The number of inspectors may need to be adjusted, dependent on the contractor's work schedule. The total contract amount is $250,000 and the agreement is provided as Attachment C. D. On -Call Residential Plumbing Services for Water Meter Program Phase 5 Staff recommends Henderson Bros. Company, Inc. of Lodi, perform on-call residential plumbing services related to the cleaning, adjustment, modification, or re -configuration of privately owned plumbing fixtures and lines to mitigate changes in pressure and delivery associated with the relocation of the point of service for City water from the rear to the front of the residence. Past meter phases have used similar services that resulted in timely, complete and cost effective corrective measures for our customers. The total contract amount is $40,000 and the agreement is provided as Attachment D. Appropriation The total project appropriation is $3,400,707 and includes the contracts described above, Public Works Engineering staff costs and contingency, as summarized below. Budget Item Construction Contract Amount _ $2,778,225 RMC Construction Management $37,482 Neil O. Anderson and Associates $250,000 Henderson Bros. Company, Inc. $40,000 Public Works Engineering $45,000 Total $3,150,707 Project Contingency $250,000 Project Total Budget $3,400,707 K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 5\CAward.doc 2/23/2015 Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 5 and Appropriating Funds ($3,400,707): A. Knife River Construction, of Stockton, for Construction ($2,778,225) B. RMC Water and Environment, of Walnut Creek, Task Order No. 7 for Engineering Services During Construction ($37,482) C. Neil O. Anderson and Associates, of Lodi, for Construction Testing and Inspection Services ($250,000) D. Henderson Bros. Company, Inc., of Lodi, for On -Call Residential Plumbing Services ($40,000) March 4, 2015 Page 3 FISCAL IMPACT: Water main leak and service repairs will be reduced. Costs for reading the meters will reduce, as they will be automatically read by the fixed network. FUNDING AVAILABLE. Requested Appropriation: Water Capital Fund (561): $3,400,707. Jordan Ayers Deputy City Manager/Inter al Services Director FWS/GW/smh Attachments cc: Lance Roberts, Utility Superintendent Tony Valdivia, RMC Water and Environment River Construction A�)I/lAt-) , , -/ 112� F. Wally ndelin Public Works Director Gary Wiman, Construction Project Manager Neil O. Anderson and Associates Knife Henderson Bros. Company, Inc. K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase MCAward.doc 2/18/2015 L IZ— " U FFIaNA City of Lodi WMP u Phase . 1�F� •�J!J1111�1111� ININ�11� ���HI��N= � � � : 11Lill ■alp• ► �� ai��f ' � � N1 � ■ �� ��IIR =; � MARIPOSA LOCUS F- (3 P O � Q z LU —TI I a COSTA — L KEFORD CARLO z z TLU Q �� �HUI INE Z OAK cf)MTT- I� LL - w w z WALNUT � w �- WAL UT � z z Ln w Q _ ---� - J Q z 0 U w U O z_ w 11�31- J z ESTN Tff� 2 0 625 1,250 2,500 Feet Phase 5 Replacement Mains Phase 5 Construction Area City of Lodi Water Meter Program Task Order No. 7 Phase 5 Meter Installation and Main Replacement Project Engineering Services During Construction Exhibit A - Detailed Scope of Work The City of Lodi (City) Water Meter Program (WMP) Phase 5 Meter Installation and Main Replacement Project consists of the construction/installation of the following: • Approximately 16,400 lineal feet of water main to replace existing, undersized mains located in backyard easements. • Approximately 895 residential water meters and related water service improvements. This Scope of Work (SOW) for engineering services during construction (ESDC) associated with the City's WMP Phase 5 project includes two tasks described below for the various work components and the responsible person(s), the applicable work phase and duration for the task, the deliverables, and assumptions used in developing the scope of work and associated level of effort included in the budget. The performance of this SOW by Consultant is for the sole benefit of the City and shall not be relied upon or used by any third party without the express written consent of the City and Consultant. Basis for Scope and Fee: The basis for the scope and level of effort shown in the budget is a construction contract duration for Phase 5 of 210 calendar days (approximately 147 working days or 30 weeks), extending from April 2015 to November 2015. RMC will perform work only as requested by the City's Construction Manager (CM). Task 1— Engineering Services During Construction (ESDC) Purpose: The Consultant shall provide engineering services during construction to review and respond to contractor submittals and City requested design related concerns, prepare record drawings, and to provide overall technical support to the City. The ESDC effort will be led by Tony Valdivia (Design Project Manager) and supported by the WMP Phase 5 design team of Ryan Doyle (Project Engineer) and Victor Alaniz (CAD Production). Phase/Duration: Entire Contract Period; April - November 2015. Phase 5 Record Drawings will be completed within 2 months following delivery of City approved construction contractor as -built markups to RMC. Task 1.1 —Submittal Review As requested by the City's CM, Consultant will review and process contractor submittals for compliance with the Contract Documents. Consultant will prepare written submittal review comments for each submittal and determine appropriate submittal action by the contractor. Assumptions: • The level of effort is limited to the budgeted hours. It is estimated that up to 10 submittals would be reviewed by Consultant. nPli%/PrnhIPC' • Written submittal review comments and action recommendation (e.g. Make Corrections Phase 5 Meter Installation and Main Replacement 1 January 8, 2015 Engineering Services During Construction City of Lodi Water Meter Program Task Order No. 7 Noted) on City standard form. Task 1.2 — Clarifications and RFI Responses Consultant will provide technical responses to City and contractor requests for information (RFls), and prepare written Contract Document Clarifications (CDCs) to clarify requirements of the work, and provide technical support to resolve field issues and conflicts. Consultant will respond to RFls and clarification requests as directed by the City. Consultant may conduct site visits to gain an understanding of field issues if required. Assumptions: • The level of effort is limited to the budgeted hours. • Up to 8 RFIs have been assumed in establishing budgeted hours • Consultant will make up to 1 site visits to investigate field conditions Deliverables: • Written CDCs and RFI responses using standard RMC forms Task 1.3 — Phase 5 Record Drawings Consultant will prepare record drawings from the contractor's complete as -built WMP Phase 5 drawings, after review and approval of the contractor's as -built markups by the City. Assumptions: • The City will be responsible for reviewing the Contractor's as -built drawings monthly and preparing comments to the Contractor's submitted as -built drawings. • Contractor as -built markups will be of sufficient content and quality for implementing into design CAD files f)PII\/PrnhIPc- • Electronic: One PDF file set of drawings and the specifications, and one set of AutoCAD files Task 2: Project Management Purpose: The Consultant will perform project management activities, including preparing monthly Task Order invoices and progress reports, coordinating with and reporting to City staff on project progress against the scope, budget and schedule; and managing subconsultant activities and progress. The Consultant shall also implement a quality assurance program for the project and conduct quality control reviews on work products. Tony Valdivia will lead this task. Phase/Duration: Entire Contract Period; April - November 2015. Assumptions. • Management activities over a 7 month construction duration r)PIIVPrnhIPc- • Monthly invoices and progress reports Phase 5 Meter Installation and Main Replacement 2 January 8, 2015 Engineering Services During Construction City of Lodi Water Meter Program Task Order No. 7 RMC WATER AND ENVIRONMENT *i Dat Phase 5 Meter Installation and Main Replacement Engineering Services During Construction CITY OF LODI STEPHEN SCHWABAUER City Manager Date ATTEST: JENNIFER M. ROBISON City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney January 8, 2015 EXHIBIT B Fee Estimate RMC water and cnvir0nmcrlT City of Lodi - Water Meter Program Phase 5 Meter Installation and Main Replacement Engineering Services During Construction Fee Estimate 1 The individual hourly rates include salary, overhead and profit. 2 Subconsultants will be billed at actual cost plus 10%- 3 0%.3. Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%, 4. RMC reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts, 1/7/2015 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 12015, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and NEIL O. ANDERSON AND ASSOCIATES (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Water Meter Program Phase 5 Meter Installation and Main Replacement Project (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on March 1, 2015 and terminates upon the completion of the Scope of Services or on December 31, 2015, whichever occurs first. VJ ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Wally Sandelin, Public Works Director To CONTRACTOR: Neil O. Anderson and Associates 902 Industrial Way Lodi, CA 95240 Attn: Larry Matthews, Principal Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: JENNIFER M. ROBISON City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager NEIL O. ANDERSON & ASSOCIATES By Name: Title: Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: 56199000.77020 (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\PSA's\2015\Neil O Anderson Water Meter Phase 5.doc CA:Rev.07.2014 8 Water Meter Program Phase 5 Meter Installation and Main Replacement Project Neil O. Anderson and Associates Scope of Services Provide two (2) fulltime inspectors for the Water Meter Program Phase 4 Meter Installation and Main Replacement Project to assist and report to the Construction Project Manager. Inspectors shall be approved by the City and are expected to have prior experience in public works construction, engineering, surveying, or a related field. Inspectors shall not be changed except as requested or approved by the City. Duties Include: 1. Inspect and monitor public works construction and maintenance projects for conformance to codes, standards, specifications, and regulations. Reviews plans, conducts tests, and conducts field inspection. 2. Prepares and keeps up-to-date daily job status reports. 3. Confers with the Construction Manager on plans and specifications; discusses plans and field work with engineering technicians and field crews. 4. Confers with contractors, supervisors, foreman, workmen, and other private sector individuals. 5. Uses and calibrates the nuclear compaction gauge. Knowledge of: 1. Construction materials, methods, equipment and techniques for basis public works projects. Specifically water utilities. 2. Basic construction materials testing methods and procedures. 3. Basic math. 4. Principles of construction administrations. Ability to: 5. Learn the principles, practices, and techniques of advanced public works inspection. 6. Read and interpret public works and architectural construction plans and specifications. 7. Inspect basic public works and related construction projects to determine compliance with approved plans and specifications. 8. Interpret City/State laws, rules, and regulations. 9. Maintain records and prepare accurate written reports. 10. Establish and maintain cooperative working relationships with the public, contractors, and city employees. General: 11. Other project related duties as requested by the City. 2/5/2013 NEILO-ANDERSON '00,04 AN D ASSOCIATES All-effciCOil COMPANY January 6, 2015 Via Email: gwiman(aD-lodi.gov Attn: Mr. Gary Wiman Construction Project Manager City of Lodi 221 W. Pine Street Lodi, CA 95240 Subject: Proposal for Special Inspection Services Lodi Water Meter Phase 5 Various Locations Lodi, California Dear Mr. Wiman: Thank you for the opportunity to submit the attached perposal to provide construction special inspection servies for the subject project. Additional services requested beyond what is outlined in the attached proposal will be invoiced per our attached standard fee schedule. Time shall be billed from portal to portal. Weekends and holidays will be charged in 4 and 8 hour increments. Overtime and double time, if any, will be applied per California Labor law. We can begin services upon receipt of a purchase order. If you have questions, please feel free to contact Troy Schiess at (209) 367-3701 or email troy. schiess(aD-noanderson.com. Sincerely, NEIL O. ANDERSON & ASSOC., INC. Troy M. Schiess, PE 71404 Associate Project Manager Lodi • Sacramento • Concord Phone: 209.367.3701 • Fax: 209.333.8303 • www.noanderson.com 902 Industrial Way, Lodi, CA 95240 Lodi Water Meter Project, Phase 5 January 6, 2015 Page 2 Lodi Water Meter Phase 5 December 4, 2014 Service Rate Lead Pro'ect Inspector — Regular Time 8 -hr shift $992.00/shift Lead Project Inspector — Overtime $160.00/hr Lead Project Inspector — Double-time $196.00/hr Building/Construction Inspector —Regular Time (8 -hr shift) $954.00/shift Building/Construction Inspector — Overtime Building/Construction Inspector — Double-time $153.00/hr $186.001hr • Overtime and Double-time rates will be applied per the California Labor law • The above rates are based on the State mandated prevailing wage increase as of $1.60/hour which was effective July 1, 2014. AMOUNT NOT TO EXCEED $250,000 02015 Neil O. Anderson & Associates, A Terracon Company 'A4 NEIL 0. ANDERSON A N D A S S O C I A T E S 2015 SCHEDULE OF FEES TERMS OF PAYMENT AND CHARGES TERMS OF PAYMENT Alrerracon COMPANY Payment of invoices is due upon receipt. Invoices will be subject to a late payment charge of 1.5% per month after 30 days. After 60 days, past -due accounts may be submitted to a collection agency with incurred fees assessed to your account. MISCELLANEOUS CHARGES All testing is to be scheduled a minimum of 24 hours in advance and cancellation is to be by 4:00 pm the day prior to the scheduled testing or a trip fee will be charged (minimum 2 hours). These minimums are customary for our industry. Any inspection which is requested to be performed on the same day will be charged an additional $10.00 per hour to expedite. HOURLY CHARGES Time shall be charged in 2, 4 and 8 -hour increments with a 2 hour minimum for field inspections and observation and shall be billed from portal to portal. Structural steel, masonry, and welding inspections shall be charged in 4 and 8 -hour increments with a 4 hour minimum. Weekends and holidays will be charged in 4 and 8 hour increments. OVERTIME Time worked in excess of 8 hours per day and Saturdays will be charged at one and one half times the hourly rate. Two times the hourly rate will be charged for Holidays, Sundays and for Saturdays after 8 hours. *Overtime and Double time rates will be applied per the California labor law. PREMIUM TIME An additional rate of $10.00 per hour will be charged for work performed before 6am or after 5pm. PREVAILING WAGE In accordance with California Prevailing Wage Law and Federal Davis Bacon Law, a surcharge of $25.00 may be applied per hour for publicly funded projects. A wage differential of $35.00 per hour may be charged for hours worked before 4 am and after 2 pm. These rates may vary depending on where and what type of work will be performed. INSURANCE Neil O. Anderson & Associates, Inc. carries coverage in excess of all insurance required by law. Additional costs for extra insurance certificates, co-insurance endorsements, or additional insurance or bonds will be charged to the client at cost plus 20%. New clients may be subject to payment prior to receipt of report. All clients may be subject to a prepayment before initializing our work. This fee schedule may be changed without notice. 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 Updated: 8/05/2014 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 Iof7 NEIL O. ANDERSON AND'0004 ASSOC I A T E S A -am-13n COMPANY 2015 SCHEDULE OF FEES (FOR CUSTOMER REF ONLY) ENGINEERING SERVICES Senior Principal Engineer 250.00/hr Principal Engineer/Geologist 225.00/hr Associate Engineer/Geologist 185.00/hr Senior Engineer / Geologist / Scientist 170.00/hr Project Engineer / Geologist/ Scientist 160.00/hr Staff Engineer / Geologist / Scientist 135.00/hr Expert Consulting 275.00/hr Expert Testimony 495.00/hr Asphalt Concrete Consultin 145.00/hr ICC Inspector (Reinforcing Steel, Masonry, Concrete, Structural Steel, Past Tension, Fireproofing) 85.00/hr AC/Soils Inspector with Nuclear Gauge 89.00/hr Certified Field/Shop Welding Inspector AWS/CWI 100.00/hr DSA Masonry Inspector 100.00/hr CAD Designer 95.00/hr CAD Drafter 80.00/hr Accountant 95.00/hr Administrative Assistant 60.00/hr HOT MIX ASPHALT HMA SERVICES HMA Placement Inspector 98.00/hr HMA Density Process Control 92.00/hr HMA Densi Cores 110.00/hr HMA Data Cores 110.00/hr HMA Production Inspector 92.00/hr HMA Design Review 200.00/ea Lead Project Inspector Request Quote Building/Con ruction Project Inspector Request Quote Caltrans Certified Laboratory Technician 92.00/hr CTM125 Sample H Material 92.00/hr Quality Control Manager 175.00/hr Quality Control Plan 800.00/ea EXPLORATION GEOPHYSICAL Seismic Refraction 11)-31), Seismic Source DAQlink III, 24 Channel Acquisition System, 2 man crew 280.00/hr Multi -Channel Analysis of u ace Waves 1D -3D, Seismic Source DAQlink 11 1, 24 C anne Acquisition System, 2 man crew 280.00/hr Ground Penetrating Radar, special antennas may warrant additional charge 225.00/hr In-situ Soil Resistivity Testing, Mini -res tester 170.00/hr Post Processing and Analysis 160.00/hr DRILLING Drilling and Sampling (AMS and Simco track rigs, 2 -person crew) 245.00/hr Drilling and Sampling (Simco 2400, Mobile B24 drill rig, Minute Man, 2 person crew) 225.00/hr Drilling and Sampling (CME75 Auger) 285.00/hr Drilling and Sampling (CME75 Mud Rotary w/desander) 325.00/hr Drilling and Sampling (CME75 Rock Coring) Request Quote 902 Industrial Way, Lodi CA 95240 P209.3673701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 Updated: 8/05/2014 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 2of7 '044 NEIL O. ANDERSON A N D A S S O C I A T E S A iierra t 1 COMPANY Borehole Grouting 285.00/hr Hand -Auger Soil Sample (1 -person Crew) 135.00/hr Coring 1 Man Crew w/o Trailer (Quote will be given Upon reguest for second operator) 145.00/hr Coring 1 Man Crew w rai er (Quote will be given upon request for second operator) 165.00/hr Bit Charges per 6" max core length, 4" max core diameter 34.00ifea- Support Truck not including mileage 500 gallon water tank 250.00/day 2"x6" Stainless -Steel Tubes and Caps, re tied 10.00/each Permitting Fees Cost + 20% Bailers (disposable) 10.00/ea Sampling Supplies loves, water, rope, etc. 25.00/day Photo -ionization Detector PID 125.00/day Water Level Indicator 30.00/day h/Conductivi /Tem Meter 50.00/day Dissolved Oxygen Meter 50.00/day Steam Cleaner 100.00/day Cement Pump and Mixer 100.00/day Drums 75.00/ea Drilling Supplies Cost + 20% Laboratory Analysis Cost + 20% GEOTECHNICAL SOILS AND AGGREGATES Direct Shear Test. Unconsolidated — Undrained 140.00/ int Consolidated — Undrained 165.00/ int Consolidated — Drained 185.00/point Triaxial Com ression Test Unconsolidated Undrained Triax D2850 185.00/ int Consolidated Undrained Triax D4767 Reguest Quote Consolidated — Drained Request Quote Consolidated — Undrained with Pore Pressure Measurements Request Quote Consolidation Test., Swell Only_200.00/ea Consolidation without Time Rate 340.00/ea Consolidation with Time Rate, per load increment additional charge) 120.00/ea LABORATORY HOT MIX ASPHALT HMA Job Mix Formula Reduced Rate for Multiple JMF'S Request quote CTM 202 Sieve Course Agg 60.00 ea CTM 202 Sieve Fine A g 85.00/ea CTM 202 Sieve Ignition Sample 140.00/ea CTM 202 Batch Plant Gradation Report 50.00/ea CTM 204 Plastici Index 125.00/ea CTM 205 Determining % Crushed Particles 200.00/ea CTM 206 Bulk 5 G & Absor Coarse Agg 70.00/ea CTM 207 Bulk S G SDD Fine Agg 90.00/ea CTM 211 LA Rattler Request Quote CTM 214 Sodium Sulfate Soundness r Sieve 150.00/ea CTM 217 Sand Equivalent 120.00/ea 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 Updated: 8/05/2014 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 3of7 '.44NEIL 0. ANDERSON A N D A S S O C I A T E S A11eii7e mn COMPANY CTM 226 Moisture Content of Aggregates b oven drying 50.00/ea CTM 227 Cleanness Coarse Agg 200.00/ea CTM 229 Durability Index 165.00/ea CTM 234 - AASHTO T304 Fine An ulari 200.00/ea CTM 235 - ASTM D4791 Flat and Elongated Particles 200.00/ea CTM 303 Kc & Kf determination 300.00/ea CTM 304 AC Sample Preparation 100.00/ea CTM 304 AC Sample Pre aration with Lime Treat 125.00/ea CTM 308 Bulk Spec Grav Bit Mix Cores and Briquettes) 50.00/ea CTM 309 Theo Spec Gav Bit Mix 165.00/ea CTM 366 Stabilometer Value Set of 3 310.00/ea CTM 370 Moisture Content of Bit. Mix by Microwave 50.00/ea CTM 371 Tensile Strength Ratio Lab Mix 1,800.00/ea CTM 371 Tensile Strength Ratio Lab Mix with Lime Treat 2,000.00/ea CTM 371 Tensile Strength Ratio Field Mix 1,400.00/ea CTM 382 Ignition Furnace Asphalt Content 160.00/ea CTM 382 Ignition Furnace Calibration 1 per new source 400.00/ea CTM 382 Ignition Furnace Calibration with lime 500.00/ea LP -1 Theo Max SpG Mix with Dif AC Cont 150.00/ea LP -2, 3, & 4 - HMA Volumetrics VMA, VFA, DP Calculations Report 100.00/ea LP -10 Sampling and Testing CRM 200.00/ea ASTM D2974 Organic Matter 80.00/ea ASTM D5334 Thermal Resistivity 600.00/ea MARSHALL MIX DESIGN Marshall Mix Design Request Quote ASTM D1559 Stability & Flow 110.00/ea ASTM D1075 Immersion & Compression Retained Strength 110.00/ea ASTM D2726 Unit Weight 60.00/ea ASTM D2172 Extraction 300.00/ea ASTM D2172 Extraction with Gradation 350.00/ea ASTM D2041, D2172 Max. Specific Gravity of Bituminous Mix. 150.00/ea AGGREGATES ASTM C88 Sodium or Magnesium Sulphate Soundness (1per sieve size) 150.00/ea ASTM C40 Injurious Impurity Matter 75.00/ea ASTM C29 Unit Weight (aggregate) 80.00/ea CTM 212 Unit Weight (aggregates) 80.00/ea CTM 217 Sand Equivalent Test 120.00/ea C128 Specific Gravity, Fine 120.00/ea C127 Specific Grad , Coarse 90.00/ea C535 Los Angeles Rattler Test 500 revolutions) Request Quote CTM 227 Cleanness Value Coarse Aggregate 200.00/ea CTM 229 Durability Index: Fine & Coarse Aggregate 165.00/ea C142 Percent Friable Particles 165.00/ea Cal Trans Class II Aggregate Base Conformance Test (R -Value, Gradation, SE, Durability) 695.00/ea SOILS Atterberg Limit D4318 125.00/ea Permeability Falling Head 280.00/e5 Specific Gravity Determination ASTM D854 90.00/ea 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 Updated: 8/05/2014 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 4of7 '444 NEIL O. ANDERSON A N D A S S O C I A T E S A it COMPANY C136 Sieve Analysis Fine 115.00/ea C136 Sieve Analysis Course Wash 200 D1140 80.00/ea Hydrometer ASTM D422 230.00/ea Laboratory Maximum Dry DensitylOptimum Moisture Content Determination 4" mold AASHTO T99, ASTM D698 235.00/ea 6" mold AASHTO T99, ASTM D698 245.00/ea 4" mold AASHTO T180, ASTM D1557 235.00/ea 6" mold AASHTO T180, ASTM D1557 245.00/ea CTM 216 Relative Compaction, Untreated and Treated Soils 220.00/ea CTM 301 R -Value Untreated Samples 325.00/ea CTM 301 R -Value Treated Samples 325.00/ea pH Test 60.00/ea pH -Lime Determination Test 175.00/ea Resistivity and pH Test CTM 643 200.00/ea Swell Test (Expansion index) ASTM D4829 215.00/ea CTM 373 Unconfined Compressive Lime treated Specimen 300.00/ea Compressive Strength Cement 300.00/ea Compressive Strength Lime 300.00/ea Percent Lime/Cement Design, based on compressive strength inc u es R -value, pH Lime Determination and Unconfined Compressive Strength) 1600.00/ea Unconfined Compression Test ASTM D2166 120.00/ea MASONRY 6RICKIBLOCIf/TTLE Compression Tests on Core Specimens includes re ASTM C42 80.00/ea Shear Tests Masonry Core 145.00/ea Comression Tests: Same rice for untested "hold" specimens Compression Test Grout Molds 28.00/ea Compression Test Mortar Cylinder 28.00/ea Compression 2"x4" C linder Molds 8.00/ea Compression Masonry Prism 2 -block, mortared & routed 185.00/ea Concrete Masonry Unit: same price for untested "hold",pimens Compression Test Masonry Unit 8"xBN16" 185.00/ea Masonry Absorption Tests ASTM C140 105.00/ea Masan Shrinkage Volume Chane 185.00/ea Masonry Lineal Shrinkage with Absorption 260.00/ea Masonry Shrinkage with Absorption and Compression 420.00/ea CONCRETE Concrete Mix Design Review 200.00/ea Additional Concrete Mix Design(using same materials 150.00/ea Concrete Mix Design with Trial Batch & Concrete Cylinder Compression Tests Request Quote Floor Flatness Testing 135.00/hr Floor Flatness Report 450.00/ea Unit Weight Fireproofing 50.00/ea Compression Test Concrete Cylinders same price for untested "hold" specimens) 28.00/ea Flexural Strength, Concrete Beams 6"x6"x24 ASTM C78 125.00/ea Cylinder Molds 6"x12" 7.00/ea Cement Content of Hardened Portland Cement Concrete ASTM C85 Request Quote Shrink Bar Testing 3 bars per set ASTM C157 420.00/set Compression Tests on Core S ecimens includes prepj ASTM C42 80.00/ea 902 Industrial Way, Lodi CA 9524013:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 9583413:916.928.4690 F:916.928.4697 Updated: 8/05/2014 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 5of7 '4044 NEIL O. ANDERSON A N D A S S O C I A T E S Alrerracon COMPANY Calcium Chloride Moisture Test Kit Qncludes calculations 80.00/ea STEEL AWS/ASTM/ASME/ANSI/API Structural Steel Tensile & Bend Tests: Reinforcement Steel Tensile & Bend <5 135.00/ea Reinforcement Steel Tensile & Bend 6 to 9 165.00/ea Reinforcement Steel No. 10 and larger ea, plus machining cost +20% High-strength Balt, Nut & Washer Testing 350.00/set Rockwell Hardness Test 70.00/ea HSB Torque Wrench Calibration 320.00/ea Welder Qualification and Weld Procedure Qualifications: Weld Procedure Qualifications 750.00/ea Welder Qualification Plate Groove Weld- 1G 2G 3G, 413 130.00/ea Welder gualification P# a Groove Weld — 1G 2G, 5G, 6G 6GR 225.00 ea Welder Qualification Plate Fillet Weld — 1F, 2F 3F, 4F 75.00/ea Welder Qualification Pipe Fillet Weld — IF, 2F, 4F, 5F 95.00/ea WPS Test Plate set 65.00/ea WPS Test Pi set 85.00/ea NON-DESTRUCTIVE TESTING High Strength Bolt HSB Testing 140.00/hr Bolt Pull/Load Testing 140.00/hr Rebar Pull Testing 140.00/hr Ceilinq Wire Pull Testin2 140.00/hr NDT GPR 160.00/hr Pachometer 140.00/hr STANDARD POOL ENGINEERING SERVICES The fees guoted include res onse to plan check. Remodel Plan (Engineer site visit may be required] 800.00/min Remodel Pool Plan typical in -ground) [Engineer excavation inspection required] 800.00/min Residential Pool Plan (drilled piers) [Geotechnical investigation report required] Request Quote 3,100.00/min Commerical Pool Plan (typical in -ground) [Geotechnical invesitation report required] Request Quote 1,500.00/min Commerical Pool Plan (drilled pier) [Geotechnical investigation report required] Request Quote 3,500.00/min Commerical/Vault Pool Plan Request uote 2,000.00/min On -Site Steel and/or Excavation Observation 400.00/min Custom Swimming Pool Detail 500.00/min Custom Retaining Wall Design 1 hei ht 500.00/min Additional Heights 200.00/ea Structural Design Computation copies 20.00/ea Additional Plan Sheets 10.00/ea Consulting Letter 185.00/min Patio Corner/Trellis Design Request Quate 900.00/min 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 Updated: 8/05/2014 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 6of7 '004 NEIL O. ANDERSON A N D A S S O C I A T E S Alrerracon COMPANY Forensic Site Visit Request Quote 550.00/min Full Service Aquatic Design Request Quote ERoxy Injection 1,800/min first 10', 60.00/ft. after MISCELLAiN EO US Automobile Mileage 0.90/mile Subsistence and Lodging cost + 20% Equipment Rental cost + 20% Field Report Preparation 50.00/each Pad Certification Re ort 150.00/each Final Letter estin /Ins ections 200.00/each Additional Copy of Report (wet -signed) 50.00/each Miscellaneous Item Charge Cost +200/o/each Air & Ground Trans ortation I Cost +200/o/each CAD — Prints I 10.00/sheet 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 Updated: 8/05/2014 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 7of7 Insurance Requirements for Consultant The 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: COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 Aggregate COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Each Occurrence Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version of this form, or an equivalent form providing equivalent liability coverage. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Consultant; whichever is greater. Consultant agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or equivalent form) 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. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Consultant's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 0413. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oject that it is insuring. Insurance Requirements for Consultant (continued) Page 1 1 of 2 pages I Risk: rev.03.2014 (c) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Consultant shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. (d) Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. (e) 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. (f) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (g) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Consultant shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Consultant shall provide proof of continuing insurance on at least an annual basis during the Term. If Consultant's insurance lapses or is discontinued for any reason, Consultant shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Consultant fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Consultant shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Consultant of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Consultant shall pay such reimbursement and interest on the first (1st ) day of the month following the City's notice. Notwithstanding and other provision of this Agreement, if Consultant fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Consultant shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (i) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The 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, the Consultant shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 2 1 of 2 pages Risk: rev.03.2014 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2015, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Henderson Bros.Company, Inc. (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for ON-CALL RESIDENTIAL PLUMBING SERVICES FOR WATER METER PROGRAM PHASE 5 (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on March 1, 2015 and terminates upon the completion of the Scope of Services or on December 1, 2015, whichever occurs first. VJ ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Gary Wiman To CONTRACTOR: Henderson Bros. Company, Inc. Attn: James W. McConnell 217 S. Sacramento Street Lodi, CA 95240 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST - JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney 0 CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager Henderson Bros. Company, Inc. By: Name Title: Jame W. McConnell President Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 56199000-77020 (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\PSA's\2015\Henderson Bros.doc CA:Rev.01.2015 8 Water Meter Program Phase 5 Meter Installation and Main Replacement Project Henderson Bros. Company, Incorporated Scope of Services Provide on-call residential plumbing services for the Water Meter Program Phase 5 Meter Installation and Main Replacement Project as requested by the City of Lodi Construction Project Manager. Work will be on a case by case basis as necessary to resolve customer plumbing issues related to the project construction work activities. Duties may also include landscape irrigation work to re-establish existing systems. 2/5/2013 SINCE 1 s96 ExhibitB HENDERSON BROS* 00 M P A N Y, INCORPORATED LIC. N O. 73 1 9 February 12, 2015 Gary Wiman City of Lodi 221 West Pine Street Lodi, CA 95240 Subject: Proposal for the On -Call Residential Plumbing Services for Water Meter Program Phase 5. Dear Gary: You recently requested pricing information from our company. With reference to your inquiry and detailed discussion regarding the above cited subject, Here is our proposed pricing: Technician Position Description of hours Price Per Hour Plumber @ Mon -Fri 8:30am- Weekdays $160.00 Prevailing Wages 5:00 pm Rate Weekends/Holidays $202.00 Plumber @ _ Outside Hours Prevailing Wages Rate Laborer @ Mon -Friday 8:30- Weekdays $140.00 Prevailing Wages 5:00pm Rate Laborer @ Outside Hours Weekends/Holidays $155.00 Prevailing Wages Rate Thank you for giving us the opportunity to bid for your business. We hope that you will find our rates most competitive in ail respects with the prevailing wage rates. As always, it's a pleasure doing business with you. We look forward to completing this order to your satisfaction. Sincerely, James McConnell President P.S. If you would like to discuss items in this quote, or if you need any additional information, please call me personally at (209) 642-0455. I AMOUNT NOT TO EXCEED $40,000 1 217 S. SACRAMENTO ST.LODI CA 95241 1 P.O. BOX 259 LODI CA 95241 1 T 209 369.3671 1 F 209 368 9026 Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor 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 Contractor's operations under this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Bodily Injury — Per Person; $1,000,000 Bodily Injury — Per Accident; $1,000,000 Property Damage — Per Accident; or $1,000,000 Combined Single Limits Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version of this form, or an equivalent form providing equivalent liability coverage. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or equivalent form) 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. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 0413. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. Page 11 of 2 pages Risk: rev.03.2014 Insurance Requirements for Contractor (continued) (c) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1S) day of the month following the City's notice. Notwithstanding and other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 2 1 of 2 pages Risk: rev.03.2014 City of Lodi Water Meter Program Phase 5 Contract CONTRACT CITY OF LODI, CALIFORNIA THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," and DSS COMPANY dba KNIFE RIVER CONSTRUCTION, herein referred to as the "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: The complete Contract consists of the following documents which are incorporated herein by this reference, to -wit: Notice Inviting Bids Instruction to Bidders Bid Forms Contract Contract Bonds General Conditions General Requirements (Division 1) Technical Specifications (Division 2) Plans Addenda All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for in one and not mentioned in the other is to be executed the same as if mentioned in all said documents. ARTICLE I - That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City and under the condition expressed in the two bonds bearing even date with these presents and hereunto annexed, the Contractor agrees with the City, at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City the proposed improvements as shown and described in the Contract Documents which are hereby made a part of the Contract. ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide all materials and services not supplied by the City and to do the work according to the terms and conditions for the price herein, and hereby contracts to pay the same as set forth Clauses 65 and 66 of the General Conditions, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 5\Contract WMPP5.doc 2/25/2015 City of Lodi Water Meter Program Phase 5 Contract ARTICLE III - The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements is on the prime contractor. ARTICLE IV - And the Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Contract Documents and the requirements of the Engineer under them, to -wit: Perform the work necessary to construct approximately 16,200 lineal feet of 8 -inch and 130 linear feet of 4- replacement water main and appurtenances, construct or reset approximately 7 fire hydrants and laterals, and construct approximately 895 water meter assemblies including construction of all or portions of services, and other incidental and related work, in accordance with Plans and Specifications for Water Meter Program Phase 5 — Meter Installation and Main Replacement. BID ITEMS Item Item Qty Unit Unit Cost Total Cost Water Main Installation 1 Construction Notifications 1 LS $2,200.00 $2,200.00 2 Excavation Safety 1 LS $5,400.00 $5,400.00 3 Storm Water Pollution Prevention Plan, and Construction Site Monitoring and Reporting Plan 1 LS $7,500.00 $7,500.00 4 Traffic Control 1 LS $41,000.00 $41,000.00 5 Potholing 1 LS $49,000.00 $49,000.00 6 Install 8" Water Main 16,200 LF $60.50 $980,100.00 7 Install 4" Water Main 130 LF $60.00 $7,800.00 8 Install 8" Ductile Iron Water Main 200 LF $56.00 $11,200.00 9 Install 4" Ductile Iron Water Main 100 LF $55.50 $5,550.00 10 Install 14" Water Valve 2 EA $2,565.00 $5,130.00 11 Install 8" Water Valve 63 EA $1,275.00 $80,325.00 12 Install 6" Water Valve 31 EA $1,050.00 $32,550.00 13 8" X 14" Hot Tap Connection 1 EA $2,150.00 $2,150.00 14 8" X 8" Hot Tap Connection 6 EA $1,775.00 $10,650.00 15 8" X 6" Hot Tap Connection 12 EA $2,000.00 $24,000.00 16 Connect New Main to Existing Main, Cut -In 18 EA $3,700.00 $66,600.00 17 Cap and Abandon Existing Main, Cut -In 52 EA $1,300.00 $67,600.00 18 Remove and Dispose of Asbestos Cement Pie 100 LF $180.00 $18,000.00 19 Install Fire Hydrant Assembly 4 EA $4,700.00 $18,800.00 20 Reset Existing Fire Hydrant Assembly 3 EA $4,200.00 $12,600.00 21 Install Blowoff 4 EA $2,100.00 $8,400.00 22 Replace Additional Asphalt Concrete 10,000 SF $2.35 $23,500.00 K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 5\Contract WMPP5.doc 2/25/2015 City of Lodi Water Meter Program Phase 5 Contract Item Item Qty Unit Unit Cost Total Cost Pavement 23 Replace Asphalt Concrete at Lodi Ave, Ham Ave, Hutchins St, Church St, Elm Street Lockeford Street 5,000 SF $3.45 $17,250.00 24 Remove and Replace Curb and Gutter 200 LF $54.00 $10,800.00 Meter Installations 25 Install Class A Meter Service 213 EA $160.00 $34,080.00 26 Install Class B Meter Service 8 EA $285.00 $2,280.00 27 Install Class C Meter Service 94 EA $700.00 $65,800.00 28 Install Class D Meter Service 110 EA $750.00 $82,500.00 29 Install Class E Meter Service 470 EA $1,700.00 $799,000.00 30 Install Large Water Meter — Class B, C and D Add On 9 EA $165.00 $1,485.00 31 Install Large Water Service and Meter — Class E 1 EA $2,000.00 $2,000.00 32 Replace Angle Meter Stop Valves 100 EA $120.00 $12,000.00 33 Excavate Existing Corporation Stop and Isolate Service 30 EA $360.00 $10,800.00 34 Upgrade to Traffic Rated Water Meter Box 30 EA $65.00 $1,950.00 35 Install Replacement Lid at Existing Meter Box Class A Meter Service 50 EA $40.00 $2,000.00 36 Install Additional 1 -inch Service Line 1,000 LF $11.00 $11,000.00 37 Install 1.5 -inch Service Line 500 LF $6.00 $3,000.00 38 Install 2 -inch Service Line 500 LF $6.50 $3,250.00 39 Install Additional 1 -inch Water Service Tap 10 EA $440.00 $4,400.00 40 Install Additional 1.5 -inch Water Service Tap 10 EA $515.00 $5,150.00 41 Install Additional 2 -inch Water Service Tap 10 EA $590.00 $5,900.00 42 Abandon Additional Existing Service 15 EA $160.00 $2,400.00 43 Construct Concrete Surface Restoration 4,500 SF $5.25 $23,625.00 44 Mobilization / Demobilization 1 LS $62,000.00 $62,000.00 45 Export/Import Fill Material 5,000 CY $12.50 $62,500.00 46 All Other Items 1 LS $73,000.00 $73,000.00 Total Amount $2,778,225.00 ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI - It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VII - The City is to furnish the necessary rights-of-way and easements and to establish lines and grades for the work as specified under the Technical Specifications. All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 5\Contract WMPP5.doc 2/25/2015 City of Lodi Water Meter Program Phase 5 Contract ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract on the date stipulated in the Notice to Proceed and to diligently prosecute to completion within 210 CALENDAR DAYS. This Agreement provides for liquidated damages in the amount of $5,000 per day for each day the work is not completed by the Contractor beyond the time specified in this Article. WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE CONTRACTOR AGREES TO PAY THE CITY LIQUIDATED DAMAGES AS SET FORTH ABOVE. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE CONTRACT. ARTICLE IX - No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Note: SB 854 requires that the awarding agency include the above language in bid invitations and contracts for all projects being awarded on or after January 1, 2015. The contractor is responsible for reviewing SB 854 prior to submitting a bid to ensure compliance. K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 5\Contract WMPP5.doc 2/25/2015 City of Lodi Water Meter Program Phase 5 Contract IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: CITY OF LODI DSS COMPANY dba KNIFE RIVER CONSTRUCTION 6-2 Title (CORPORATE SEAL) Bv: STEPHEN SCHWABAUER City Manager Date Attest: JENNIFER M. FERRAIOLO City Clerk Approved as to form: JANICE D. MAGDICH City Attorney K:1WP\PROJECTS\WATER\Meters\Water Meter Program Phase 5\Bid Docs\WMPP5 Contract.doc 2/13/2015 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division 3. FROM: I Rebecca Areida-Yadav 15, DATE. 2/17/2015 4. DEPARTMENT/DIVISION: Public Works 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. 561 32205 Fund Balance $ 3,400.707.00 SOURCE OF FINANCING B 561 56199000 77020 Capital Proiects $ 3,400,707.00 USE OF FINANCING 7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. Contracts for Water Meter Program Phase 5 If Council has authorized the appropriation adjustment, complete the following: Meeting Date. Res No: n Attach copy of resolution to this form. Department Head Signature: 8. APPROVAL SIGNATURES Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2015-25 A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS FOR THE WATER METER PROGRAM PHASE 5 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 February 12, 2015, at 11:00 a.m., for the Water Meter Program Phase 5, described in the plans and specifications therefore approved by the City Council on December 17, 2014; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows: Bidder Bid Knife River Construction $2,778,225 Teichert Construction $2,841,842 West Valley Construction Company, Inc. $3,398,398 Northern Underground $4,926,855 WHEREAS, staff recommends awarding the contract for the Water Meter Program Phase 5 to the low bidder, Knife River Construction, of Stockton, in the amount of $2,778,225; and WHEREAS, staff recommends RMC Water and Environment, of Walnut Creek, perform engineering services during construction, with a time -and -materials contract with a not -to -exceed maximum of $37,482; and WHEREAS, staff recommends Neil O. Anderson and Associates, of Lodi, perform construction testing and inspection services for this project, for a total contract amount of $250,000; and WHEREAS, staff recommends Henderson Bros. Company, Inc., of Lodi, perform on-call residential plumbing services for this project, for a total contract amount of $40,000; and WHEREAS, staff recommends appropriation of $3,400,707 from the Water Capital Fund to cover the cost of construction, construction administration services, Public Works Engineering staff, and contingencies. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the construction contract for the Water Meter Program Phase 5 to the low bidder, Knife River Construction, of Stockton, California, in the amount of $2,778.225; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve Task Order No. 7 to the Master Professional Services Agreement with RMC Water and Environment, of Walnut Creek, California, to provide engineering services during construction on a time -and -materials basis, in an amount not to exceed $37,482; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby award the contract for construction testing and inspection services to Neil O. Anderson and Associates, of Lodi, California, in the amount of $250,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby award the contract for on-call residential plumbing services to Henderson Bros. Company, Inc., of Lodi, California, in the amount of $40,000; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreements on behalf of the City of Lodi; and BE IT FURTHER RESOLVED that funds in the amount of $3,400,707 be appropriated from the Water Capital Fund for this project. Dated: March 4, 2015 I hereby certify that Resolution No. 2015-25 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 71,flIFER . FERRAIOLO City Clerk 2015-25 CITY COUNCIL BOB JOHNSON, Mayor MARK CHANDLER, Mayor Pro Tempore DOUG KUEHNE JOANNE L MOUNCE ALAN NAKANISHI CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P O BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www.lodi.gov February 25, 2015 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney F. WALLY SANDELIN Public Works Director RMC Water and Environment Neil O. Anderson and Associates Attn: Tony Valdivia 902 Industrial Way 2001 N. Main Street, Ste. 400 Lodi, CA 95240 Walnut Creek, CA 94596 Knife River Construction Henderson Bros. Company, Inc. 655 W. Clay Street Attn: James W. McConnell Stockton, CA 95206-1722 217 S. Sacramento Street Lodi, CA 95240 SUBJECT: Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 5 and Appropriating Funds ($3,400,707): A) Knife River Construction, of Stockton, for Construction ($2,778,225), B) RMC Water and Environment, of Walnut Creek, Task Order No. 7 for Engineering Services During Construction ($37,482), C) Neil O. Anderson and Associates, of Lodi, for Construction Testing and Inspection Services ($250,000), D) Henderson Bros. Company, Inc., of Lodi, for On -Call Residential Plumbing Services ($40,000) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 4, 2015. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call me at (209) 333-6709- F. Wally Sandelin Public Works Director FWS/smh Enclosure cc: City Clerk NCAWARD DOC