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HomeMy WebLinkAboutAgenda Report - March 16, 2016 C-05TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C5 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 6 and Appropriating Funds ($5,600,000): A. DSS Company dba Knife River Construction, of Stockton, for Construction ($4,183,790) B. RMC Water and Environment, of Walnut Creek, for Engineering Services ($38,880) C. Terracon, of Lodi, for Construction Testing and Inspection Services ($500,000) D. Henderson Brothers Company, of Lodi, for On -Call Residential Plumbing Services ($200,000) MEETING DATE: March 16, 2016 PREPARED BY: Interim Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute agreements with the following entities for the Water Meter Program Phase 6 and appropriating funds, in the amount of $5,600,000: A. DSS Company dba Knife River Construction, of Stockton, for construction, in the amount of $4,183,790. B. RMC Water and Environment, of Walnut Creek, for Engineering Services, in the amount of $38,880. C. Terracon, of Lodi, for construction testing and inspection services, in the amount of $500,000. D. Henderson Brothers Company, of Lodi, for on-call residential plumbing services, in the amount of $200,000. 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 usage. A. Water Meter Program Phase 6 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 6 is presented in Attachment A and includes the installation of 938 meters and the replacement of 27,090 feet (5.1 miles) of water main. Phase 6 is the largest phase to date with approximately one mile more water main pipe than any other phase and over 800 of the 938 meter installations are type "E" meter installations. Type "E" meter installations consist of installing a new water meter service (and meter assembly) from a new water main that has been relocated from the backyard to the street. These APPROVED: Stephen Schwabaerity Manager K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 6\CAward.doc 2/23/16 Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 6 and Appropriating Funds ($5,600,000): A. DSS Company dba Knife River Construction, of Stockton, for Construction ($4,183,790) B. RMC Water and Environment, of Walnut Creek, for Engineering Services ($38,880) C. Terracon, of Lodi, for Construction Testing and Inspection Services ($500,000) D. Henderson Brothers Company, of Lodi, for On -Call Residential Plumbing Services ($200,000) March 16, 2016 Page 2 installations are generally very labor intensive and at times require plumbing modifications to the residence to accommodate the new service location. Plans and specifications for this project were approved on December 16, 2015. The City received three bids for the project on February 11, 2016, as summarized below: Engineer's Estimate $5,707,700.00 DSS Company dba Knife River Construction Stockton $4,183,790.00 Teichert Construction Davis $4,309,625.00 Marques Pipeline, Inc. Rio Linda $5,482,330.00 B. Engineering Services for Water Meter Program Phase 6 Staff recommends RMC Water and Environment, of Walnut Creek, perform engineering services during construction. As the design engineer for this project, RMC Water and Environment is ideally suited to perform these duties for the Water Meter Program Phase 6. This is Task Order No. 8 to the Master Professional Services Agreement and is a time -and -materials contract with a not -to -exceed maximum of $38,880. C. Construction Testing and Inspection Services for Water Meter Program Phase 6 Staff recommends Terracon, of Lodi, perform construction testing and inspection services for the Phase 6 Project. Terracon will provide a minimum of 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 $500,000. D. On -Call Residential Plumbing Services for Water Meter Program Phase 6 Staff recommends Henderson Brothers Company, 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 $200,000. Budget Item Amount Construction Contract $4,183,790 RMC Water and Environment $38,880 Terracon $500,000 Henderson Bros. Company, Inc. $200,000 Public Works Engineering $65,000 Public Works - Materials $50,000 Total $5,037,670 10% Protect Contingency $503,767 Project Total Budget $5,541,437 K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 6\CAward.doc 2/23/16 Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 6 and Appropriating Funds ($5,600,000): A. DSS Company dba Knife River Construction, of Stockton, for Construction ($4,183,790) B. RMC Water and Environment, of Walnut Creek, for Engineering Services ($38,880) C. Terracon, of Lodi, for Construction Testing and Inspection Services ($500,000) D Henderson Brothers Company, of Lodi, for On -Call Residential Plumbing Services ($200,000) March 16, 2016 Page 3 The total project appropriation is $5,600,000 and includes the contracts described above, Public Works Engineering staff costs, and contingency. FISCAL IMPACT: Water main leak and service repairs will be reduced. Costs for reading the meters will be reduced, as they will be automatically read by the fixed network. FUNDING AVAILABLE: Requested appropriation: Water Capital Fund (561): $5,600,000. Jordan Ayers Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Interim Public Works Director CES/GW/tdb Attachments cc: Lance Roberts, Utilities Manager Gary Wiman, Construction Project Manager DDS Company dba Knife River Construction RMC Water and Environment Terracon Henderson Brothers Company K:\WP\PROJECTS\WATER Meters\Water Meter Program Phase 6\CAward.doc 2/23/16 v5 -Carolina m c 0 0 Legend WMP Phase 6 EXHIBIT A Water Meter Project Boundary Phase 6 User: Ichang Path: K:\WP\PROJECTS\WATER\Meters\Water Meter Program Phase 6\Proj_Bdy.mxd N W E s City of Lodi Water Meter Program Phase 6 CITY OF LODI, CALIFORNIA SECTION 4 — CONTRACT Section 4 Contract THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," and DSS COMPNAY 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 co-venarts-her-ein-contained City of Lodi (Revised 12/11/15) Contract SECTION 4 - 1 City of Lodi Water Meter Program Phase 6 Section 4 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 25,470 lineal feet of 8 -inch and 1,320 linear feet of 4 -inch replacement water main and appurtenances, construct or reset approximately 23 fire hydrants and laterals, and construct approximately 938 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 6 - Meter Installation and Main Replacement. BID ITEMS Item Item Qty Unit Unit Cost Total Cost Water Main Installation 1 Construction Notifications 1 LS $7,000 $7,000 2 Excavation Safety 1 LS $5,300 $5,300 3 Storm Water Pollution Prevention Plan, and Construction Site Monitoring and Reporting Pian 1 LS $9,100 $9,100 4 Traffic Control 1 LS $55,000 $55,000 5 Potholing 1 LS $59,400 $59,400 6 7 Install 8" Water Main 25,470 LF $59.50 $1,515,465 Install 4" Water Main 1,320 LF $54.50 $71,940 8 Install 8" Ductile Iron Water Main 200 LF $51 $10,200 9 Install 4" Ductile Iron Water Main 100 LF $50 $5,000 10 Install 8" Water Valve 78 EA $1,450 $113,100 11 Install 6" Water Valve 31 EA $1,150 $35,650 12 Install 4" Water Valve 5 EA $1,000 $5,000 13 8" X 10" Hot Tap Connection 13 EA $1,900 $24,700 14 8" X 8" Hot Tap Connection 5 EA $1,800 $9,000 15 8" X 6" Hot Tap Connection 13 EA $1,650 $21,450 16 8" X 4" Hot Tap Connection 4 EA $1,600 $6,400 17 6" X 6" Hot Tap Connection 2 EA $1,650 $3,300 18 6" X 4" Hot Tap Connection 2 EA $1,600 $3,200 19 Connect New Main to Existing Main, Cut -In 14 EA $3,750 $52,500 20 Cap and Abandon Existing Main, Cut -In 80 EA $1,150 $92,000 21 Remove and Dispose of Asbestos Cement Pipe 100 LF $180 $18,000 22 Install Fire Hydrant Assembly 4 EA $5,200 $20,800 23 Reset Existing Fire Hydrant Assembly 19 EA $3,700 $70,300 24 Install Blowoff 9 EA $1,400 $12,600 City of Lodi (Revised 12/11/15) Contract SECTION 4 - 2 City of Lodi Water Meter Program Phase 6 Section 4 Contract Item Item Qty Unit Unit Cost Total Cost 25 Replace Additional Asphalt Concrete Pavement 40,000 SF $2.25 $90,000 26 Water Sampling Station 1 EA $1,950 $1,950 27 Remove and Replace Curb and Gutter 200 LF $56.50 $11,300 Meter Installations 28 Install Class A Meter Service 40 EA $105 $4,200 29 Install Class B Meter Service 1 EA $305 $305 30 Install Class C Meter Service 27 EA $785 $21,195 31 Install Class D Meter Service 64 EA $795 $50,880 32 Install Class E Meter Service 806 EA $1,690 $1,362,140 33 Install Large Water Meter - Class B, C and D Add On 4 EA $175 $700 $12,000 34 Install Large Water Service and Meter - Class E 6 EA $2,000 35 Replace Angle Meter Stop Valves 100 EA $118 $11,800 36 Excavate Existing Corporation Stop and Isolate Service 30 EA $315 $9,450 37 Upgrade to Traffic Rated Water Meter Box 30 EA $73 $2,190 38 Install Replacement Lid at Existing Meter Box (Class A Meter Service) 50 1,000 EA LF $40 $11 $2,000 $11,000 39 Install Additional 1 -inch Service Line 40 Install 1.5 -inch Service Line 500 LF $6.50 $3,250 41 Install 2 -inch Service Line 500 LF $7 $3,500 42 Install Additional 1 -inch Water Service Tap 10 EA $185 $1,850 43 Install Additional 1.5 -inch Water Service Tap 10 EA $250 $2,500 44 Install Additional 2 -inch Water Service Tap 10 EA $320 $3,200 45 Abandon Additional Existing Service 15 EA $165 $2,475 46 Construct Concrete Surface Restoration 4,500 SF $5 $22,500 47 Mobilization / Demobilization 1 LS $80,000 $80,000 48 Export/Import Fill Material 5,000 CY $14 $70,000 Intersection Reconstruction 49 Crescent Avenue and Windsor Drive Improvements 1 LS $57,000 $57,000 50 All Other Items 1 LS $120,000 $120,000 Total Amount $4,183,790 ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI - It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VII - The City is to furnish the necessary rights-of-way and easements and to establish lines and grades for the work as specified under the Technical Specifications. All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. City of Lodi (Revised 12/11/15) Contract SECTION 4 - 3 City of Lodi Water Meter Program Phase 6 Section 4 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. The contractor is responsible for reviewing SB 854 prior to submitting a bid to ensure compliance. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: CITY OF LODI By: Stephen Schwabauer City Manager By: Date: Attest: Title (CORPORATE SEAL) Jennifer M. Ferraiolo City Clerk Approved As To Form Janice D. Magdich City Attorney City of Lodi (Revised 12/11/15) Contract SECTION 4 - 4 City of Lodi Water Meter Program Task Order No. 8 Phase 6 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 6 Meter Installation and Main Replacement Project consists of the construction/installation of the following: • Approximately 26,790 lineal feet of water main to replace existing, undersized mains located in backyard easements. • Approximately 938 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 6 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 6 of 210 calendar days (approximately 147 working days or 30 weeks), extending from April 2016 to November 2016. 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 6 design team of Ryan Doyle (Project Engineer) and Victor Alaniz (CAD Production). Phase/Duration: Entire Contract Period; April - November 2016. Phase 6 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. Deliverables: • Written submittal review comments and action recommendation (e.g. Make Corrections Phase 6 Meter Installation and Main Replacement 1 February9, 2016 Engineering Services During Construction City of Lodi Water Meter Program Task Order No. 8 Noted) on City standard form. Task 1.2 — Clarifications and RF1 Responses Consultant will provide technical responses to City and contractor requests for information (RFIs), and prepare written Contract Document Clarifications (CDCs) to clarify requirements of the work, and provide technical support to resolve field issues and conflicts. Consultant will respond to RFIs 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 6 Record Drawings Consultant will prepare record drawings from the contractor's complete as -built WMP Phase 6 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 Deliverables: • 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 2016. Assumptions: • Management activities over a 7 month construction duration Deliverables: • Monthly invoices and progress reports Phase 6 Meter Installation and Main Replacement 2 February9, 2016 Engineering Services During Construction City of Lodi Water Meter Program Task Order No. 8 RMC WATER AND ENVIRONMENT CITY OF LODI Michael H. Matson, Sr. Vice President Date STEPHEN SCHWABAUER City Manager Date ATTEST: Jennifer M. Ferraiolo City Clerk APPROVED AS TO FORM. JANICE D. MAGDICH City Attorney Phase 6 Meter Installation and Main Replacement 3 February 9, 2016 Engineering Services During Construction EXHIBIT B Fee Estimate RMC Fee Estimate City of Lodi - Water Meter Program Phase 6 Meter Installation and Main Replacement Engineering Services During Construction Tsskr En Wrultucdan 7.1 Submlrm Re++d t 2 Ctantagionsand RFI ReSigalSeS 1 3 ROeierd 3kawlnQs Mur Tom RISC Labor Ryan Deco • _ !e ismer-.as TO Project Manager 1Data6eee Engineer 6299 4 Prqect Admin 11, xm Tom wr ••rte Coasi{1 28 4 24 28 4 8 12 56.112 58.112 152.458 VMKY Aeolt !idle ODCs Toil Toil S.O.:cob SSD To0003C* Tote Total Hours CanaJaf+l OOC3 al to14i1:v6ti31 141 F e 0 5o s0 so 55.112 0 50 30 5280 5308 55 420 Subtotal Task 1. 0 12 5$ 0 66 112.660 Th :1� 2: Proleci MIrarj ,n nT 31 Protect Management and 0AOC 6 16 4 26 58.746 Subtotal Talc 3• 16 f 0 1 4 26 56 :46 TOTAL 26 1 56 r 4 20 100 20 7D0 120 318905 513.398 5500 5550 521 602 100 516.8D5 $16.595 8760 5658 134 1 0 50 v 0 0 310,425 20 100 120 1 The individual hourly rates Include salary, overhead and profit Subwnsultantswill be billed at actual cos[ plus 1016 3 Other direct costs (ODCs) such as reproducton, delivery, mileage (odes will be those allowed by current IRS guidelines), and travel expenses, Mil be bleed at actual cost plus 1096 4 RMC reserves the right to adjust Its hourly rate studure and ODC markup at the beginning ate cslendar year for all ongol g contacts 5D SO 56 746 SO S0 SD S0 56146 51 UUe5 Mae MO SOW SUMO AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2016, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and TERRACON (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 6 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, apy delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 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 April 1, 2016 and terminates upon the completion of the Scope of Services or on March 31, 2017, 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 Prevailing Wage 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. Section 3.3 Contractor Registration — Labor Code §1725.5 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. Section 3.4 Contract Bonds CONTRACTOR shall furnish two good and sufficient bonds: 1. A faithful performance bond in the amount of one hundred percent (100%) of the contract price; and 2. A labor and materials bond in the amount of fifty percent (50%) of the contract price. These bonds will be required at the time the signed contract is returned to the City. Section 3.5 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 3.6 Costs 3 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 3.7 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. 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 4 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, Toss, 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. 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 5 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: Terracon 902 Industrial Way Lodi, CA 95240 Attn: Garrett Hubbart Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. 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 6 "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. 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. 7 Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit 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. 8 CITY OF LODI, a municipal corporation ATTEST: JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: TERRACON JANICE D. MAGDICH, City Attorney By: 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 PWWA-0055 Const.ExtLabor (Business Unit & Account No.) Doc ID: K:\WP\PROJECTS\PSA's\2016\Terracon WMPP6.doc CA:Rev.08.2015 9 Water Meter Program Phase 6 Meter Installation and Main Replacement Project Terracon Scope of Services Exhibit A Provide a minimum of two (2) fulltime inspectors for the Water Meter Program Phase 6 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. 2/5/2016 Exhibit B Terracon 4 February 2016 Proposal Number: PNA161032 Mr. Gary Wiman Construction Project Manager City of Lodi 221 W. Pine Street Lodi, CA 95240 Re: Proposal to Provide Construction Materials Testing and Inspection Services Dear Mr. Wiman: Terracon is pleased to submit a proposal to provide materials testing and inspection services for the City of Lodi Water Meter Phase 6 project located in Lodi, Califomia. We have extensive experience providing construction materials testing and inspection services. Terracon has offices based in Lodi, Sacramento, and Concord, California, and provides a wide range of engineering services including geotechnical, materials, foundation and structural engineering, geophysical exploration, environmental and geosciences, forensic investigations, pool engineering, and aquatic design. We continue to view our company as a vital and growing consulting firm of engineers and scientists, providing multiple related service lines to clients at local, regional, and national levels. All of our services are delivered on a timely basis with high value and attention to client needs. Benefits to working with Terracon include: • Responsiveness: Acting quickly to meet your deadlines, our employee owners are always available to you. With convenient locations across the country, we're able to quickly mobilize a workforce to respond to accelerated schedules and your changing needs. • Resourcefulness: Applying new processes, methodologies, and techniques allows us to take a proactive approach to solving project challenges and deliver your projects better and faster. With our nationwide network of offices, we can initiate services easily on one or multiple projects simultaneously. • Reliability: With vast experience working in local conditions, Terracon is a dependable partner throughout the life of your project. We delver practical and constructible solutions, while avoiding delays, surprises, and costly mistakes down the road. We are confident that Terracon cull provide the City of Lodi with a high level of service and look forward to working with you. Should you have any questions regarding the attached proposal, please contact me at (209) 367-3701 or email me at tmschiess jterracon.axn. Thank you for your time and consideration. Sincerely, Tenacon, Troy M. Schiess, PE 71404 Materials Department Manager Terracon 902 Industrial Way Lodi, CA 95240 Main (209) 367-3701 Fax (209) 333-8303 Dispatch (209) 263-0600 terracon,com En.Ironrientdl S Fiji iIities S Geoirci.;c i i h9ate�i,�la Environmental • Facilities • Geotechnical • Material■ Pool Engineering Project Name: City of Lodi Water Meter Phase 6 Proposal No. PNA161032 Service Rate Grail p 1 Lead Project Inspector — Regular Time (8hr shift) $1080/shift Lead Project Inspector - Overtime $164/hour Lead Project Inspector — Double-time $196/hour Group Z Building/Construction Inspector — Regular lime f8hr shift) $1030/shift Buildii Construction Inspector —Overtime $160/hour Building/Construction Inspector—Double-time $192/hour Additional services requested beyond what is outlined in the above proposal will be invoiced per our attached fee schedule. Time shall be billed from portal to portal. Weekends and holidays wits be charged in 4 and / hour increments. Overtime and doublet -time, if any, will be applied per the Califomia Labor Law Prevailing Wage Requirement: Public works contract provisions require the Contractor and its subcontractors to pay alt workers employed on the project no less than the specified general prevailing wage rates for the work classificatbn in which They are performing. Terracon 902 Industrial Way Lodi, CA 95240 Main (209) 367-3701 Fax (209) 333-8303 Dispatch (209) 263-0600 terracon.com EFacilities eI 11,1er�als lrerracon PO % 2016 Schedule of Services and Fees Environmental, Geotechnical, Structural, Pool Engineering, Aquatic Design, and Materials Services ENGINEERING SERVICES Senior Principal Engineer 250.00/hr Principal Engineer/Geologist 225.00/hr Associate Engineer/Geologist 190.00/hr Senior Engineer / Geologist / Scientist 175.00/hr Project Engineer / Geologist/ Scientist 165.00/hr Staff Engineer / Geologist / Scientist 135.00/hr Expert Consulting 275.00/hr Expert Testimony 495.00/hr Asphalt Concrete Consulting 145.00/hr ICC Inspector (Reinfordng Steel, Masonry, Concrete, Structural Steel, Post Tension, Fireproofing) 85.00/hr AC/Soils Inspector with Nuclear Gauge 89.00/hr Certified Field/Shop Welding Inspector (AWS/CWI) 105.00/hr DSA Masonry Inspector 105.00/hr CAD Designer 100.00/hr CAD Drafter 88.00/hr Accountant 95.00/hr Administrative Assistant 65.00/hr HOT MIX ASPHALT (HMA) SERVICES HMA Placement Inspector 92.00/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/Construdion Project Inspector Request Quote Caltrans Certified Laboratory Technician 92.00/hr CTM125 Sample Hwy Material 92.00/hr Quality Control Manager 150.00/hr Quality Control Plan 500.00/ea EXPLORATION GEOPHYSICAL Seismic Refraction 1D -3D, Seismic Source DAQIink III, 24 Channel Acquisition System, 2 man crew Multi -Channel Analysis of Surface Waves 1D -3D, Seismic Source DAQIink III, 24 Channel Acquisition System, 2 man crew Ground Penetrating Radar, special antennas may warrant additional charge In-situ Soil Resistivity Testing, Mini -res tester Post Processing and Analysis DRILLING Drilling/Sampling (Track mounted rigs, 2 -person crew) Drilling/Sampling (Simon 2400 and Mobile B24 truck mounted, Minute Man, 2 person crew) Drilling/Sampling (CME75 Auger) Drilling/Sampling (CME75 Mud Rotary w/desander) Drilling and Sampling (CME75 Rock Coring) Borehole Grouting Responsive CI Resourceful 0 Reliable 280.00/hr 280.00/hr 225.00/hr 185.00/hr 165.00/hr 275.00/hr 225.00/hr 285.00/hr 325.00/hr Request Quote 285.00/hr Page 1 of 6 902 Industrial Way Lodi, CA 95240 ♦ 50 Goldenland Ct #100 Sacramento, CA 95834 ♦ 5075 Commerdal Gnde Unit E Concord, CA 94520 a lrerracon I 5 2016 Schedule of Services and Fees (Continued) Hand -Auger Soil Sample (1 -person Crew) 135.00/hr Coring 1 Man Crew w/o Trailer (Quote will be given 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 inducting mileage (500 gallon water tank) 250.00/day 2'Sc6" Stainless -Steel Tubes and Caps, 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 (PID) 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 + 25% Laboratory Analysis Cost + 30% GEOTECHNICAL SOILS AND AGGREGATES Direct Shear Test: Unconsolidated - Undrained 140.00/point Consolidated - Undrained 165.00/point Consolidated - Drained 185.00/point Triaxial Compression Test Unconsolidated Undrained Triax D2850 185.00/point Consolidated Undrained Triax D4767 Request 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 Toad increment (additional charge) 120.00/ea LABORATORY JIOT MIX ASPHALT (HMI Job Mix Formula (Reduced Rate for Multiple JMFs) CTM 202 Sieve Course Agg CTM 202 Sieve Fine Agg CTM 202 Sieve Ignition Sample CTM 202 Batch Plant Gradation Report CTM 204 Plastidty Index CTM 205 Determining % Crushed Particles CTM 206 Bulk SpG & Absor Coarse Agg CTM 207 Bulk SpG (SDD) Fine Agg CTM 211 LA Rattler CTM 214 Sodium Sulfate Soundness (per Sieve) CTM 217 Sand Equivalent CTM 226 Moisture -Content of Aggregates by oven drying Responsive 0 Resourceful 0 Reliable Request Quote 60.00/ea 75.00/ea 140.00/ea 50.00/ea 125.00/ea 185.00/ea 70.00/ea 90.00/ea Request Quote 150.00/ea 140.00/ea 40.00/ea Page 2 of 6 902 Industrial Way Lodl, CA 95240 • 50 Goldenland Ct #100 Sacramento, CA 95834 ♦ 5075 Commerdal Circle Unit E Concord, CA 94520 lFerracDn 2016 Schedule of Services and Fees (Continued) CTM 227 aeanness Coarse Agg CTM 229 Durability Index CTM 234 - AASHTO T304 Fine Angularity CTM 235 - ASTM D4791 Flat and Elongated Particles CTM 304 AC Sample Preparation CTM 308 Bulk Spec Gray Bit Mix (Cores and Briquettes) CTM 309 Theo Spec Gav Bit Mix CTM 366 Stabilometer Value (Set of 3) CTM 370 Moisture Content of Bit. Mbc by Microwave CTM 371 Tensile Strength Ratio ReId Mix CTM 382 Ignition Furnace Asphalt Content CTM 382 Ignition Fumace Calibration (1 per new source) CTM 382 Ignition Furnace Calibration with lime LP -1 Theo Max SpG Mix with Dif AC Cont LP -2, 3, & 4 - HMA Volumetrics (VMA, VFA, DP) Calculations Report LP -10 Sampling and Testing CRM ASTM D2974 Organic Matter ASTM D5334 Thermal Resistivity MARSHALL MIX DESIGN Marshall Mix Design ASTM D1559 Stability & Flow ASTM D1075 Immersion & Compression Retained Strength ASTM D2726 Unit Weight ASTM D2172 Extraction ASTM D2172 Extraction with Gradation ASTM D2041, D2172 Max. Spedfic Gravity of Bituminous Mix. AGGREGATES ASTM C88 Sodium or Magnesium Sulphate Soundness (per sieve size) ASTM C40 Injurious Impurity Matter ASTM Q9 Unit Weight (aggregate) CTM 212 Unit Weight (aggregates) CTM 217 Sand Equivalent Test C128 Spedfic Gravity, Fine C127 Specific Gravity, Coarse C535 Los Angeles Rattler Test (500 revolutions) CTM 227 aeanness Value, Coarse Aggregate CTM 229 Durability Index: Fine & Coarse Aggregate C142 Percent Friable Particles Cal Trans Class II Aggregate Base Conformance Test (R -Value, Gradation, SE, Durability) MILS Atterberg Limit 04318 Permeability Falling Head Specific Gravity Determination ASTM D854 C136 Sieve Analysis Fine C136 Sieve Analysis Course Wash 200 D1140 Hydrometer -ASTM D422 Responsive D Resourceful 0 Reliable 165.00/ea 200.00/ea 200.00/ea 200.00/ea 50.00/ea 30.00/ea 165.00/ea 300.00/ea 50.00/ea 850.00/ea 160.00/ea 400.00/ea 500.00/ea 150.00/ea 75.00/ea 200.00/ea 80.00/ea 600.00/ea Request Quote 110.00/ea 110.00/ea 30.00/ea 300.00/ea 440.00/ea 150.00/ea 135.00/ea 75.00/ea 80.00/ea 80.00/ea 120.00/ea 70.00/ea 90.00/ea 300.00/ea 165.00/ea 200.00/ea 165.00/ea 695.00/ea 125.00/ea 280.00/ea 90.00/ea 115.00/ea 80.00/ea 230.00/ea Page 3 of 6 902 Industrial Way Lodi, CA 95240 • 50 Goldenland Ct #100 Sacramento, CA 95834 ♦ 5075 Commerdal Cirde Unit E Concord, CA 94520 lrerracon 2016 Schedule of Services and Fees (Continued) Laboratory Maximum Dry Density/Optimum 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 Ume/Cement Design, based on compressive strength (includes R -value, p1-1 Lime Determination and Unconfined Compressive Strength) 1600.00/ea Unconfined Compression Test ASTM D2166 120.00/ea MASONRY BRICK/BLOCK/TILE Compression Tests on Core Specimens (includes prep) ASTM C42 75.00/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 2'54" Cylinder Molds 15.00/ea Compression Masonry Prism (2-blodc, mortared & grouted) 185.00/ea Concrete Masonry Unit: (Same prig for untested "hold" spedmens) Compression Test Masonry Unit 8"x8'516" 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 Report 450.00/ea Unit Weight Areproofing 50.00/ea Compression Test Concrete Cylinders (same prig for untested "hold"specimens) 28.00/ea Flexural Strength, Concrete Beams, 6'56'5(24 ASTM C78 125.00/ea Cylinder Molds (6'512") 7.00/ea Cement Content of Hardened Portland Cement Concrete ASTM 05 Request Quote Shrink Bar Testing (3 bars per set) ASTM C157 420.00/set Compression Tests on Core Specimens (includes prep) ASTM C42 75.00/ea Calcium Chlonde iclo re T "(fl [7di calati j 80:00/ea Responsive 0 Resourceful 0 Reliable Page 4 of 6 902 Industrial Way Lodi, CA 95240 ♦ 50 Goldenland a #100 Sacramento, CA 95834 ♦ 5075 Commerdal Orde Unit E Concord, CA 94520 lrerracon I 5 2016 Schedule of Services and Fees (Continued) STEEL AWS/ASTM/ASME/ANSI/APL Structural Steel Tensile & Bend Tests: Reinforcement Steel Tensile & Bend <5 Reinforcement Steel Tensile & Bend 6 to 9 Reinforcement Steel No. 10 and larger High-strength Bolt, Nut & Washer Testing Rockwell Hardness Test HSB Torque Wrench Calibration Welder Qualification and Weld Procedure Qualifications Weld Procedure Qualifications Welder Qualification Plate Groove Weld- 1G, 2G, 3G, 4G Welder Qualification Pipe Groove Weld — 1G, 2G, 5G, 6G, 6GR Welder Qualification Plate Fillet Weld — 1F, 2F, 3F, 4F Welder Qualification Pipe Fillet Weld — 1F, 2F, 4F, 5F WPS Test Plate (set) WPS Test Pipe (set) NON-DESTRUCTIVE TESTING High Strength Bolt (HSB) Testing Bolt Pull/Load Testing Rebar Pull Testing Ceiling Wire Pull Testing NDT GPR (for reinforcement locating only, other uses refer to Geophysical services) Pachometer STANDARD POOL ENGINEERING SERVICES The fees quoted include response to plan heck. Remodel Plan [Engineer site visit may be required] Remodel Pool Plan (typical in -ground) [Engineer excavation Inspection required] Residential Pool Plan (drilled piers) [Geotechnical investigation report required] Commercial Pool Pian (typical in -ground) [Geotechnical investigation report required] Commercial Pool Plan (drilled pier) [Geotechnical investigation report required] Commercial/Vault Pool Plan On -Site Steel and/or Excavation Observation Custom Swimming Pool Detail Custom Retaining Wall Design (1 height) Additional Heights Structural Design Computation copies Additional Plan Sheets Consulting Letter Patio Comer/Trellis Design Forensic Site Visit Full Service Aquatic Design Epoxy Injection Responsive D Resourceful D Reliable 135.00/ea 165.00/ea 205.00/ea, plus machining cost+20% 350.00/set 70.00/ea 320.00/ea 750.00/ea 130.00/ea 225.00/ea 75.0%a 95.00/ea 65.00/ea 85.00/ea 125.00/hr 115,00/hr 115.00/hr 140.00/hr 165.00/hr 140.00/hr 800.00/min 800.00/min Request Quote 3,100.00/min Request Quote 1,500.00/min Request Quote 3,500.00/min Request Quote 2,000.00/min 400.00/min 500.00/min 500.00/min 200.00/ea 20.0%a 15.00/ea 185.00/min Request Quote 900.00/min Request Quote 600.00/min Request Quote 1,800/min first 10', 60.00/ft. after Page 5 of 6 902 Industrial Way Lodi, CA 95240 ♦ 50 Goldenland Ct #100 Sacramento, CA 95834 • 5075 Commerdal Gide Unit E Concord, CA 94520 I NOT TO EXCEED $500,000 lrerracon I EN 2016 Schedule of Services and Fees (Continued) MISCELLANEOUS Automobile Mileage Subsistence and Lodging Equipment Rental Field Report Preparation Pad Certification Report Anal Letter (Testing/Inspectlons) Additional Copy of Report (wet -signed) Miscellaneous Item Charge Air & Ground Transportation CAD — Prints Responsive 0 Resourceful 0 Reliable 0.90/mile cost + 20% cost + 20% 50.00/each 150.00/each 200.00/each 50.00/each Cost +20%/each Cost +20%/each 10.00/sheet Page 6 of 6 902 Industrial Way Lodi, CA 95240 • 50 Goldenland Ct #100 Sacramento, CA 95834 • 5075 Commerdal Cade Unit E Concord, CA 94520 Exhibit C Insurance Requirements for Consultant 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 Combined Single Limit 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, that provides liability coverage at least as broad as this form. 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 fumished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this 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. An additional named insured endorsement is also required for Auto Liability. (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 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. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) 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. Page 1 1 of 2 pages r _ 1 Risk: rev.08.2015 (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, 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. (h) 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 names) 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 faits 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. (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 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 letter'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 I of 2 pages Risk: rev.08.2015 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2016, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and HENDERSON BROTHERS COMPANY (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 6 (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 April 1, 2016 and terminates upon the completion of the Scope of Services or on March 31, 2017, 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: 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 fl 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: JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: HENDERSON BROTHERS COMPANY JANICE D. MAGDICH, City Attorney By: By: Name. James W. McConnell Title: 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 PWWA-0055 Const.ExtLabor (Business Unit & Account No.) Doc ID: K:\WP\PROJECTS\PSA's\2016\Henderson Bros.doc CA:Rev.01.2015 8 Exhibit A Water Meter Program Phase 6 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 6 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. 2/16/2016 SINCE 1 8 9 6 HENDERSON BROS. COMPANY, INCORPORATED LIC. N O. 7 3 1 9 February 18, 2016 Gary Wiman City of Lodi 221 West Pine Street Lodi, CA 95240 Exhibit B Subject: Proposal for the On -Cala Residential Plumbing Services for Water Meter Program Phase 6. 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 r Price Per Hour Plumber aQ Prevailing Wages Rate Mon -Fri 8:30am-5:00 pm Weekdays $160.00 Plumber (4 Prevailing Wages Rate Outside Hours Weekends/Holidays $202.00 Laborer ® Prevailing Wages Rate Mon -Friday 8:30-5:OOpm Weekdays $140.00 Laborer ® Prevailing Wages Rate Outside Hours Weekends/Holidays $155.00 Thank you for giving us the opportunity to bid for your business. We hope that you will find our rates most competitive in all 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. AMOUNT NOT TO EXCEED $200,000.00 Exhibit C 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 Combined Single Limit 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, that provides liability coverage at least as broad as this form. 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 a later version, that provides liability coverage at least as broad as this 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. An additional named insured endorsement is also required for Auto Liability. (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 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 project that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) 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. Page 1 i of 2 pages Risk: rev.08.2015 (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, 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. (h) 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 names) 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. (1) 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 21 of 2 pages Risk: rev.08.2015 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division ACCOUNT # 3. FROM: Rebecca Areida-Yadav 15 DATE: 2/23/2016 4. DEPARTMENT/DIVISION: Public Works 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. SOURCE OF FINANCING 561 32205 Fund Balance $ 5,600,000.00 B. USE OF FINANCING 561 56199000 77020 Capital Projects $ 5.600,000.00 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. Contracts with Knife River, RMC, Terracon and Henderson Brothers for Water Meter Program Phase 6 project. Appropriation also includes amounts for materials and staff time. If Council has authorized the appropriation adjustment, complete the following Meeting Date: Department Head Signature: Res No: Attach copy of resolution to this form. 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. 2016-38 A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS FOR THE WATER METER PROGRAM PHASE 6 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 11, 2016, at 11:00 a.m., for Water Meter Program Phase 6, described in the plans and specifications therefore approved by the City Council on December 16, 2015; 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 $4,183,790 Teichert Construction $4,309,625 Marques Pipeline, Inc. $5,482,330 WHEREAS, staff recommends awarding the contract for Water Meter Program Phase 6 construction to the low bidder, DDS Company dba Knife River Construction, of Stockton, in the amount of $4,183,790; and WHEREAS, staff recommends RMC Water and Environment, of Walnut Creek, perform engineering services during construction, in the amount of $38,880; and WHEREAS, staff recommends Terracon, of Lodi, perform construction testing and inspection services for this project, in the amount of $500,000; and WHEREAS, staff recommends Henderson Brothers Company, of Lodi, perform on-call residential plumbing services for this project, in the amount of $200,000; and WHEREAS, staff recommends appropriation of $5,600,000 from the Water Capital Fund to cover the cost of construction, construction administration services, Public Works Engineering staff, and contingency. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the construction contract for Water Meter Program Phase 6 to the low bidder, DDS Company dba Knife River Construction, of Stockton, California, in the amount of $4,183,790; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize Task Order No. 8 to the Master Professional Services Agreement for engineering services with RMC Water and Environment, of Walnut Creek, California, in the amount of $38,880; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the Professional Services Agreement for construction testing and inspection services with Terracon, of Lodi, California , in the amount of $500,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the Professional Services Agreement for on-call residential plumbing services with Henderson Brothers Company, of Lodi, California, in the amount of $200,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the foregoing agreements; and BE IT FURTHER RESOLVED that funds in the amount of $5,600,000 be appropriated from the Water Capital Fund for this project. Dated: March 16, 2016 I hereby certify that Resolution No. 2016-38 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 16, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NIFER `► . FERRAIOLO ity Clerk 2016-38 CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi goy March 9, 2016 DSS COMPANY dba KNIFE RIVER CONSTRUCTION 655 WEST CLAY STREET STOCKTON, CA 95206-1722 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Interim Public Works Director SUBJECT: Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 6 and Appropriating Funds ($5,600,000): A. DSS Company dba Knife River Construction, of Stockton, for Construction ($4,183,790) B. RMC Water and Environment, of Walnut Creek, for Engineering Services ($38,880) C. Terracon, of Lodi, for Construction Testing and Inspection Services ($500,000) D. Henderson Brothers Company, of Lodi, for On -Call Residential Plumbing Services ($200,000) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 16, 2016. 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 Gary Wiman at (209) 333- 6706. Charles E. Swimley, Jr. nterim Public Works Director CES/tdb Enclosure cc: City Clerk CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI 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 www.lodi.gov March 9, 2016 RMC Water and Environment 2175 North California Blvd., Suite 315 Walnut Creek, CA 94596 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Interim Public Works Director SUBJECT: Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 6 and Appropriating Funds ($5,600,000): A. DSS Company dba Knife River Construction, of Stockton, for Construction ($4,183,790) B. RMC Water and Environment, of Walnut Creek, for Engineering Services ($38,880) C. Terracon, of Lodi, for Construction Testing and Inspection Services ($500,000) D. Henderson Brothers Company, of Lodi, for On -Call Residential Plumbing Services ($200,000) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 16, 2016. 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 Loth, 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 Gary Wiman at (209) 333- 670 Chh les E. Swimley, Jr. Interim Public Works Director CES/tdb Enclosure cc: City Clerk CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI 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 www lodi.goy March 9, 2016 Henderson Brothers Company 217 South Sacramento Street Lodi, CA 95240 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Interim Public Works Director SUBJECT: Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 6 and Appropriating Funds ($5,600,000): A. DSS Company dba Knife River Construction, of Stockton, for Construction ($4,183,790) B. RMC Water and Environment, of Walnut Creek, for Engineering Services ($38,880) C. Terracon, of Lodi, for Construction Testing and Inspection Services ($500, 000) D. Henderson Brothers Company, of Lodi, for On -Call Residential Plumbing Services ($200,000) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 16, 2016. 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 Gary Wiman at (209) 333- 6706 _ I Choi es E. Swimley, Jr. Int m Public Works Director CES/tdb Enclosure cc: City Clerk CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI Terracon 902 Industrial Way Lodi, CA 95240 CITY OF LORI 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 March 9, 2016 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Interim Public Works Director SUBJECT: Adopt Resolution Authorizing City Manager to Execute Agreements with the Following Entities for the Water Meter Program Phase 6 and Appropriating Funds ($5,600,000): A. DSS Company dba Knife River Construction, of Stockton, for Construction ($4,183,790) B. RMC Water and Environment, of Walnut Creek, for Engineering Services ($38,880) C. Terracon, of Lodi, for Construction Testing and Inspection Services ($500,000) D. Henderson Brothers Company, of Lodi, for On -Call Residential Plumbing Services ($200,000) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 16, 2016. 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 Gary Wiman at (209) 333- 670f r . Charles E. Swimley, Jr. 3 I Interim Public Works Director CES/tdb Enclosure cc: City Clerk