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Home My WebLink AboutAgenda Report - December 16, 2015 C-14CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: C-14- Adopt Resolution Authorizing City Manager to Execute Amendment to Professional Services Agreement with Neil O. Anderson and Associates, of Lodi, for Additional Construction Testing and Inspection Services for Water Meter Program Phase 5, and Appropriating Funds ($100,000) MEETING DATE: December 16, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute amendment to Professional Services Agreement with Neil O. Anderson and Associates, of Lodi, for additional construction testing and inspection services for Water Meter Program Phase 5, and appropriating funds in the amount of $100,000. BACKGROUND INFORMATION: At the March 4, 2015 City Council meeting, Council awarded Neil O. Anderson and Associates, of Lodi, a contract for construction testing and inspection services for the Water Meter Program Phase 5. During the course of the project, approximately 700 meter installations and two alley reconstructions were added to the scope of work. The increase in work requires additional inspection services. 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): $100,000. Jordan Ayers Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Interim Public Works Director CES/GW/tdb Attachment cc: Gary Wiman, Construction Project Manager Neil 0. Anderson and Associates APPROVED: Oct wi, _ •" en c r• K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 5\CAmend NOA PSA.d City Manager 12/8/2015 AMENDMENT NO. 1 NEIL O. ANDERSON AND ASSOCIATES WATER METER PROGRAM PHASE 5 THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of December, 2015, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and NEIL O. ANDERSON AND ASSOCIATES (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement (Agreement) on April 14, 2015, attached hereto as Exhibit 1; 2. WHEREAS, CITY requests to amend said Agreement to increase the not to exceed amount to $350,000; 3. WHEREAS, CITY requests to amend said Agreement to extend the term through December 31, 2016; 4. WHEREAS, CONTRACTOR agrees to said amendment. NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation NEIL O. ANDERSON AND ASSOCIATES hereinabove called "CITY" hereinabove called "CONTRACTOR" STEPHEN SCHWABAUER City Manager Attest. JENNIFER M. FERRAIOLO, City Clerk Approved as to Form: JANICE D. MAGDICH, City Attorney NAME: Title: Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on (_v,'.1 \4 2015, 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. 2 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. CITY OF LODI, a municipal corporation ATTEST !� v 'fir .1 \ �' .[. pe,,4, A JENNIFER M'. @8+SON. C 04RA1:nw TEPHEN SCHWABAU R. City Clerk City Manager APPROVED AS TO FORM: NEIL O. ANDERSON & ASSOCIATES JANICE D. MAGDICH, City Attorney .(3y • Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D - Federal Transit Funding Conditions (if applicable) By: Name: _ Title::i.• Funding Source: 56199000.77020 (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\PSA's12015\Neil 0 Anderson Water Meter Phase 5.doc CA:Rev.07.2014 8 Exhibit A 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 Exhibit B NEIL O. ANDERSON AND ASSOCIATES Alrerracon COMPANY January 6, 2015 Via Email: gwimanalodi.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 troyschiessnoa nderson.co m. Sincerely, NEIL O. ANDERSON & ASSOC., INC. Troy M. Schiess, PE 71404 Associate Project Manager Lodi • Sacramento • Concord Phone: 209 397.3701 • Fax: 209.333.8303 • www.noanderson.com 902 Industrial Way, Lodi, CA 95240 Lodi Water Meter Project, Phase 5 January 6, 2015 Lodi Water Meter Phase 5 December 4, 2014 Page 2 Service Rate Lead Project Inspector - Regular Time (8 -hr shift) 5992.00/shift Lead Project Inspector - Overtime $160.00/hr Lead Project Inspector - Double-time $196.00/hr Building/Construction Inspector - Regular Time (8 -hr shifty $954.00/shift Building/Construction Inspector - Overtime $,153.00/hr Building/Construction Inspector - Double-time $186.00/hr • Overtime and Double-time rates wiN 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. .G' 02015 Nell O. Anderson & Associates, A Terracon Company NEIL 0. ANDERSON AND ASSOCIATES Alferr'7Con COMPANY 2015 SCHEDULE OF FEES TERMS OF PAYMENT AND CHARGES TERMS OF PAYMENT • 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 0. 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. Updated: 8/05/2014 This fee schedule may be changed without notice . 902 lndustrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, 8100, Sacramento CA 95834 P;916.928.4690 F:916.928.4697 5051 Commercial Clr, Unit 0, Concord CA 94520 P925.609.7224 F:925,609.6324 1 of 7 Al NEIL O. ANDERSON AND ASSOCIATES A1rerraCOn COMPANY 2015 SCHEDULE OF FEES ENGINEERING SERVICES Senior Principal Engineer 250,00/hr Principal Engineer/Geologist 225,00/hr Associate Englneer/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 Consulting145.00/hr ICC Inspector (Reinforcing Steel, Masonry, Concrete, Structural Steel, Post Tension, Fireproofing) 85.00/hr inspector with Nuclear Gauge 89.00/hrAC/Soils Certified Field/Shop Welding Inspector (AWS/CW1) 100.00/hr DSA Masonry Inspector 100.00/hr CAD Designer 95.00/hr CAD Drafter B0.00/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 Density 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/Construction Project Inspector Request Quote Caltrans Certified Laboratory Technician 92.00/hr CTM125 Sample Hwy Material 92.00/hr Quality Control Manager 175.00/hr Quality Control Pian _ 800.00/ea EXPLORATION GEOPHYSICAL Seismic Refraction 1D -3D, Seismic Source DAQIInk III, 24 Channel Acquisition System, 2 man crew 280.00/hr Multi=Channel Analysis of Surface Waves 1D -3D, Seismic fource DAQfink III, 24 Channel Acquisition System, 2 man crew 280.00/hr Ground Penetrating Radar, special antennas may warrant additional charge 225.00/hr In-situ Sail 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 arid Sampling (Simco 2400, Mobile B24 drill rig, Minute Man, 2 person crew) 225.00/hr Drilling and Sampling (CME75 Augers 285.00/hr Drilling and Sampling (CME75 Mud Rotary w/desander) 325.00/hr Drilling and Sampling (CME75 Rock Coring) Request Quote Updated: 8/05/2014 902 Industrial Way, Lodi CA 95240 P:209.367,3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 5051 Commerclal Clr, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 2 of 7 NEIL O. ANDERSON AND ASSOCIATES A1rerfl con 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 elven upon request for second operator) 145.00/hr Coring 1 Man Crew w/Trailer (Quote will be given upon request for second operator) 165,00/hr Bit Charges per 6" max core length, 4" max core diameter 34.00/ea Support Truck not including mileage (500 gallon water tank) 250.00/clay 2"x6" Stainless -Steel Tubes and Casas, recycled 10.00/each Permitting_ Fees Cost + 20% Bailers (disposable) 10.00/ea Sampling Supplies (gloves, water, rope, etc.) 25,00/day Photo -ionization Detector (P10) 125.00/day Water Level indicator 30.00/day ph/Conductivity/Temp 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 - Undralned 140.00/point Consolidated - Undrained 165.40/point Consolidated - Drained 185.00/point 77oxial Compression Test Unconsolidated Undrained Trlax D2850 185.00/point r Consolidated Undrained Trlax 04767 Request guote 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 3MF's) Request Quote CTM 202 Sieve Course Agg 60.00/ea CTM 202 Sieve Fine Agg 85.00/ea CTM 202 Sieve ignition Sample 140.00/ea CTM 202 Batch Plant Gradation Report 50.00/ea CTM 204 Plasticity index 125.00/ea CTM 205 Determining % Crushed Particles 200.00/ea CTM 206 Bulk SpG & Absor Coarse Agg 70.00/ea CTM 207 Bulk SpG (SOD) Fine Agg 90.00/ea CTM 211 LA Rattler Request Quote CTM 214 Sodium Sulfate Soundness (per Sieve) 150,00/eea CTM 217 Sand Equivalent 120.00/ea Updated: 8/05/2014 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, P100, Sacramento CA 95834 P:916,928.4690 F:916.928.4697 5051 Commercial Clr, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 3 of 7 NEIL O. ANDERSON AND ASSOCIATES A1rerI con COMPANY CTM 226 Moisture Content of Aggregates by oven drying 50.00/ea CTM 227 Cleanness Coarse Agg 200.00/ea CFM 229 Durability Index 165.00/ea CTM 234 - AASIITQ T304 Fine Angularity 200.00/ea CTM 235 - ASTM D4791 Fiat and Elongated Particles 200.00/ea CTM 303 Kc & Kr determination 300.00/ea CFM 304 AC Sample Preparation 100.00/ea CTM 304 AC Sample Preparation with Lime Treat 125.00/ea CTM 308 Bulk Spec Gray Bit Mix (Cores and Briquettes) 50.00/ea CTM 309 Theo Spec Gav Bit Mix 165.00/ea CTM 366 Stabilimeter 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 23G Mix with Dir AC Cont 150.00/ea 100.00/ea LP -2, 3, & 4 - HMA Vaiumetrics (VMA, VFA. DP) Calculations Report LP -10 Sampling and Testing CRM 200.00/ea ASTM D2971 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 110.00/ea ASTM D1075 Immersion & Compression Retained Strength ASTM D2726 Unit Weight 60.00/ea ASTM D2172 Extraction 300.00/ea ASTM D2172 Extraction with Gradation 350.00/ea ASTM 02041, D2172 Ma:x. Specific Gravity of Bituminous Mix. 150.00/ea AGGREGATES ASTM C88 Sodium or Magnesium Sulphate Soundness (per sieve size) 150,00/ea ASTM C40 Injurious Impurity Matter 75.00/ea ASTM C29 Unit Weight (aggregate) 00.00/ea CTM 212 Unit Weight (aggregates) 80.00/ea CTM 217 Sand Equivalent Test 120.00/ea C128 Specific Gravity, Fine 120.60'ea C127 Specific Gravity, 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 Agg - ate 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 At terberg Limit 04318 125.00/ea Permeability Falling Head 280.00/ea Specific Gravity Determination ASTM D854 90.00/ea Updated: 8/05/2014 902 Industrial Way, Lodl CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, U100, Sacramento CA 95834 P:916.928,4690 F:916.928,4697 5051 Commerclal Clr, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 4of7 NEIL O. ANDERSON AND ASSOCIATES Allerracan 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 Density,/Optimum Moisture Content Determination 4" mold AASFITO T99, ASTM D598 235.00/ea 6" mold AASHTO T99, ASTM D698 245.00/ea 235.00/ea 4" mold AASHTO T180, ASTM D1557 6" mold AA51•ITO 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 Llme 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 (includes R -value, pH Lime Determination and Unconfined Compressive Strength) 1600.00/ea Unconfined Compression Test ASTM 0216E 120.00/ea MASONRY BRICK/BLACK/TILE Compression Tests on Core Specimens (includes prep) ASTM C42 80.00/ea Shear Tests Masonry Core 145.00/ea Compression Tests: (Same price for untested 'hold" specimens) Compression Test Grout Molds 28.00/ea Compression Test Mortar Cylinder 28.00/ea Compression 2"x4" Cylinder Molds 8.00/ea Compression Masonry Prism (2 -block, mortared & grouted) 185.00/ea Concrete Masonry Unit: (Same price for untested ''hold" spedrnens) Compression Test Masonry Unit 8"x8"x16" 185.00/ea Masonry Absorption Tests ASTM C140 105.00/ea Masonry Shrinkage (Volume Change) 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 Rrt 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 Testinjg (3 bars per set) ASTM C157 420,00/set Compression Tests on Core Specimens (includes prep) ASTM C42 80.00/ea Updated: 8/05/2014 902 Industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928.4697 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609,7224 F:925.609.6324 5 of 7 NEIL O. ANDERSON A N D ASSOCIATES Alred c7COn COMPANY Calcium Chloride Moisture Test Kit (Includes 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,OOJea Reinforcement Steel No, 10 and larger 205.tu/ea, plus machining cost +20% High-strength Bolt, 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: 750.00/ea Weld Procedure Qualifications Welder Qualification Plate Groove Weld- 1G, 2G, 3G, 4G 130.00/ea Welder Qualification Pipe 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 — 1F, 2F, 4F, 5F 95.00/ea WPS Test Plate (set) 65.00/ea WPS Test Pipe (set) 85.00/ea NON-DESTRUCTIVE TESTING High Strength Bolt (HSB) Testing 140.00/hr Boit Put!/Load Testing 140.00/hr Rebar Pull Testing 140.00/hr140.00/hr Ceiling Wire Pull Testing NDT GPR 160.00/hr Pachometer 140.00/hr STANDARD POOL ENGINEERING SERVICES The fees quoted include response 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 I Commerical Pool Plan (drilled pier) [Geotechnlcal investigation report required] Request Quote 3,500.00/min Commerical/Vault Pool Plan Request Quote 2,000.00/rnln On -Site Steel and/or Excavation Observation 400.00/min Custom Swimming Pool Detail 500.00/min Custom Retaining Wall Design (1 height) 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 kequest Quote 900.00/min Updated: 8/05/2014 902 Industrial Way, Lodl CA 95240 P:209.367.3701 F:209.333.8303 50 Goldenland Ct, #100, Sacramento CA 95834 P:916.928.4690 F:916.928,4697 5051 Commercial Cir, Unit 8, Concord CA 94520 P:925.609,7224 F:925.609.6324 6 of7 AONEIL O. ANDERSON AND ASSOCIATES Alr erracon COMPANY Forensic Site Visit —bequest Quote 550.00/min Full Service Aquatic Design _ Request Quote Epoxy Injection 1,800/min first 10', 60.00/ft. after MISCELLANEOUS Automobile Mileage 0.90/mile Subsistence and Lodging _ cost + 20% Equipment Rental cost + 20% Field Report Preparation 50.00/each Pad Certification Report 150.00/each Final Letter (Testing/Inspections) 200.00/each Additional Copy of Report (wet -signed) 50.00/each Miscellaneous Item Charge Cost +200/a/each Air & Ground Transportation Cost +20%/each CAD — Prints 10.00/sheet Updated: 8/05/2014 AMOUNT NOT TO EXCEED $250,000 902 industrial Way, Lodi CA 95240 P:209.367.3701 F:209.333.8303 50 Goidenland Ct, 8100, Sacramento CA 95834 P:916.928 4690 F:916.928.4697 5051 Commercial Cir, Unit B, Concord CA 94520 P:925.609.7224 F:925.609.6324 7 of 7 Exhibit C 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: 1. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 Aggregate 2, 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 Aot (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 Nan-CQntributory 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 04 13. 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 the proiect that it is insuring. Insurance Requirements for Consultant (continued) Page 1 I of 2 pages 1 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 Ail 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 names) of the insurer(s), and rate of interest. Consultant shall pay such reimbursement and interest on the first (1') 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 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division 3. FROM. Rebecca Areida-Yadav 5. DATE 4. DEPARTMENT/DIVISION: Public Works 12/8/2015 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A SOURCE OF FINANCING 561 32205 Fund Balance $ 100.000.00 B. USE OF FINANCING 561 56199000 77020 Water Capital Projects $ 100.000.00 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. Contract Amendment with Neil Anderson for the Water Meter Phase 5 project. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: Department Head Signature: Res No: Attach copy of resolution to this form. B. 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. 2015-226 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH NEIL O. ANDERSON AND ASSOCIATES, OF LODI, FOR ADDITIONAL CONSTRUCTION TESTING AND INSPECTION SERVICES, AND FURTHER APPROPRIATING FUNDS WHEREAS, Neil O. Anderson and Associates and the City entered into a Professional Services Agreement on April 14, 2015, in an amount not to exceed $250,000; and WHEREAS, the City requested to amend the Agreement to expand the scope; increase the not -to -exceed amount to $350,000; and extend the term of the Agreement to December 31, 2016; and WHEREAS, staff recommends executing Amendment No. 1 to the Professional Services Agreement with Neil O. Anderson and Associates, of Lodi, for additional construction testing and inspection services for Water Meter Program Phase 5; and WHEREAS, staff also recommend appropriating funds in the amount of $100,000 from the Water Capital Fund. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Neil O. Anderson and Associates, of Lodi, California, for additional construction testing and inspection services for Water Meter Program Phase 5; and BE IT FURTHER RESOLVED that funds in the amount of $100,000 be appropriated from the Water Capital Fund. Dated: December 16, 2015 I hereby certify that Resolution No. 2015-226 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 16, 2015, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None J NIFER 1 FERRAIOLO City Clerk 2015-226