HomeMy WebLinkAboutAgenda Report - March 16, 2016 C-10TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C-io
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to
Professional Services Agreement with R. F. MacDonald Co., of Modesto, for Boiler
Inspection, Cleaning, and Repair at White Slough Water Pollution Control Facility
($12,725)
MEETING DATE: March 16, 2016
PREPARED BY: Interim Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No.
1 to Professional Services Agreement with R. F. MacDonald Co., of
Modesto, for boiler inspection, cleaning, and repair at White Slough
Water Pollution Control Facility, in the amount of $12,725.
BACKGROUND INFORMATION: R. F. MacDonald Co. entered into a Professional Services Agreement
with the City on May 29, 2013, for inspection, cleaning, and repair of
the boilers at White Slough Water Pollution Water Pollution Control
Facility, in the amount of $44,715. In December 2014, the contract was extended to June 30, 2015. The
remaining encumbrance is $8,510.75.
Staff mistakenly requested work to be performed after the contract expiration date. The value of work
performed between June 30, 2015 and July 31, 2015 is $7,300. This amount represents work that was
performed outside the contract terms and has not been paid to the contractor.
While performing the repairs referenced above, it was determined that additional work was needed to place
the boiler into service. Sufficient funding remains encumbered to pay for the work performed after the
contract expiration date, however, an amendment increasing the amount to pay for the additional repairs not
yet performed is necessary.
Staff is requesting to amend the Professional Services Agreement to increase the funds by $12,725 and
extend the term of the agreement to June 30, 2016, to allow for R. F. MacDonald Co. to complete the
necessary work.
FISCAL IMPACT:
FUNDING AVAILABLE:
This expenditure is necessary to perform required maintenance on this
element of the wastewater treatment system.
Wastewater Plant Operating Fund (53053003.77030)
Jordan Ayers
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Interim Public Works Director
Prepared by Karen D. Honer, Wastewater Plant Superintendent
CES/KDH/tdb
Attachment
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APPROVED: 1 �'
e ,e►3:- er ty Manager
K:\WP\COUNCIL\2016\CC RFMacDonald Ext.doc 3/3/16
AMENDMENT NO. 1
R. F. MACDONALD CO.
BOILER INSPECTION, CLEANING, AND REPAIR AT WHITE SLOUGH WATER
POLLUTION CONTROL FACILITY
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT,
made and entered this day of . 2016, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and R. F. MACDONALD
CO. (hereinafter "CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services
Agreement on May 29, 2013 and Contract Extension Agreement on December
10, 2014 (collectively the "Agreement"), set forth in Exhibit 1; and
2. WHEREAS, CITY requested to amend said Agreement to expand the scope of
service and fees, as set forth in Exhibit 2; and
3. WHEREAS, CITY requested to amend said Agreement to extend the term of the
Agreement to June 30, 2016; and
4. WHEREAS, CONTRACTOR agrees to said amendments.
NOW, THEREFORE, the parties agree to amend the Agreement to include the
scope of services and fees as set forth in the Exhibit 2, and extend the term of the
Agreement to June 30, 2016.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Amendment No. 1 on 2016.
CITY OF LODI, a municipal corporation R. F. MACDONALD CO.
Hereinabove called "CITY" Hereinabove called "CONTRACTOR"
STEPHEN SCHWABAUER SEAN SKILE
City Manager General Manager
Attest:
JENNIFER M. FERRAIOLO, City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
Exhibit 1
CONTRACT EXTENSION AGREEMENT
R. F. MACDONALD COMPANY
BOILER INSPECTION, CLEANING AND REPAIR AT THE
WHITE SLOUGH WATER POLLUTION CONTROL FACILITY
THIS CONTRACT EXTENSION AGREEMENT, made and effective this day of
June, 2014, by and between the CITY OF LODI, a municipal corporation, hereinafter called
"City", and R. F. MACDONALD COMPANY, hereinafter called "Contractor."
WITNESSETH:
1. CONTRACT: Contractor and City, entered into a Professional Services Agreement for
Boiler Inspection, Cleaning and Repair at the White Slough Water Pollution Control
Facility on May 29, 2013.
2 TERM AND TERMS: The term of this Contract Extension Agreement shall commence
immediately and terminate June 30, 2015. All other terms and conditions will remain as
set forth in the Professional Services Agreement for Boiler Inspection, Cleaning and
Repair at the White Slough Water Pollution Control Facility, attached hereto as Exhibit 1
and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, City and Contractor have executed this Contract Extension
Agreement on the date and year first above written.
CITY OF LODI, a municipal corporation
hereinabove called "City"
By: F. WALLSANDELIN
Public Works Director
Attest:
Ap
NNIFE"i . 'OBISON, City Clerk
ved as to Form:
JANICE
MAGDICH, City Attorney
R. F. MACDONALD COMPANY
hereinabove called "Contractor"
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By: it/13fil
Title:
64,1 rrawistc
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties ,�/�
THIS AGREEMENT is entered into on 1 1 I Q91
Loa( Exhibit 1
, 2013,
by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
R. F. MACDONALD 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 Boiler
Inspection, Cleaning and Repair at the White Slough Water Pollution Control Facility
(hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A.
CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
1
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings,
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which.may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term-11
The term of this Agreement commences on, 2013 and terminates upon
the completion of the Scope of Services or on, 2014, whichever occurs first.
462st
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), arising out of perforrraance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence of the City of Lodi or its officers or agents.
Section 4.4 No Personal Liability
Neither the City Coundl, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
4
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or ovemight
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: Karen Honer
To CONTRACTOR: R. F. MacDonald Company
1549 Cummins Drive
Modesto, CA 95358
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 conceming
whether to proceed further, CITY may terminate at the conclusion of any such phase.
5
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shalt 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.
6
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
0 If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit apply to this contract. In the event of a conflict between the terms of this
contract or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
7
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
RANDI''JC
City Clerk
CITY OF LODI, a municipal corporation
KON
DT BARTiAM, City Manager
APPROVED AS TO FORM: CONTRACTORR. F. MacDonald
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
By: 491PipBy:
• Name:
Title:
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - insurance Requirements
Funding Source:171493
(Business Unit & Account No.)
Doc ID;WP1ProjectsTSAs1RFMacDonald
CA;rev 0L2012
8
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Exhibit "" 1
�B.F.Macoonatdcu.
iWei & pup sofu4ions team
• 04. N %N ^
City of Lodi. Quote CL-AM04162012
April 16, 2012
Page 2 of 8
It is important to note that AECP customers will have priority on emergency service calls.
ASSURED EFFICIENCY/COMPLIANCE PLAN FOR ANNUAL
BOILER EFFICIENCY AND PLANT SERVICES
SECTION I includes complete annual boiler cleaning and inspection to clean heat transfer surfaces for
maximum efficiency.
SECTION II includes complete periodic preventative maintenance services and fine-tuning to factory
specifications for absolute maximum combustion efficiency.
• The attached Section I and lI reports forms are completed as applicable by our service personnel on
completion of the inspections and submitted for your permanent records.
• This contract is not transferable.
• This contract is available for renewal from year to year. A new contract will be submitted by R.F.
MacDonald Co. prior to the due date of the next annual renewal fee.
• This contract does not include the furnishing of repair or replacement parts or any other material that
may fail or require replacement due to normal wear and tear except as noted. (15% Preferred
Customer Discount on Parts).
• Any calls in addition to those included in the AECP contract at the request of the owner or his agent
shall be billed and paid for at the standard service rate of R.F. MacDonald Co.
1549 Cummins Drive, Modesto, CA 95358, Phone: 209.576.0726, Fax 209.576.1312
www.rtmacdonald.com
111 Mia! Co.
your boiler & pump solutions team
City of Lodi. Quote CL-AM04162012
April 16, 2012
Page 3 of 8
SECTION I
COMPLETE BOILER CLEANING
AND INSPECTION SERVICE
R.F. MacDonald Co. agrees to provide all labor and tools to perform the following work annually.
• Open, clean and brush fireside tubes of boiler with mu power equipment, clean furnace and wire wheel
rear tube sheet as required.
• Open, clean and inspect low water cut-off assemblies and piping inspection plugs. Replace w/ bull
plugs if needed. Flush water column, control line and waterside removing loose scale, mud and
debris. (Recommend waterside cleaning at additional cost if hard and/or excessive scale is present.)
• Check MacDonnell and Miller float controls for wear (M&M recommends head replacement every 5
years regardless of condition of unit. (Not included, quoted separately)
• Check for globe valves and proper drain piping on all column blow down lines.
• Check for Mercury switches and replace at customers discretion. Additional PO or authorization
required
• Check for proper code stamping.
• Clean and rebuild Penberthy high pressure sight glasses if equipped and dirty.
• Remove Warrick probes, if equipped, clean, inspect high temp wire for wear and check for proper
operation.
• Check blow down valves and piping for wear.
• Replace gauge glass and gauge glass valves on water column if required. (Does not include
Penberthy sight glasses)
• Replace tri -cock valves or replace with plugs at customers discretion.
• Inspect refractory, point up (seal cracks) and wash -coat all refractory surfaces.
• Paint all hand hole plates and man way plate with CIeaver Brooks high temp aluminum paint.
• Fill unit and test for leaks.
• Check safety relief devices for correct application and setting, operation and wear. (RF MacDonald Co
recommends replacing/overhauling safety relief valves annually.)
1549 Cummins Drive, Modesto, CA 95358, Phone: 209.578.0728, Fax: 209.578.1312
www.rfmaodonald.com
R.E MacDonald Ca
your boils/ it pump solutions team
City of Lodi. Quote CL.AM04162012
April 16, 2012
Page 4 of 8
• Seal and close fireside of boiler using all new gaskets (Cleaver Brooks Boilers will be all genuine
Cleaver Brooks Parts).
• Replace door bolts and nuts as needed. Apply hi -temp anti seize to all threads
• Touch up door and door bolts with Cleaver Brooks Enamel.
• Cheek burner pilot and main flame ignition.
• Each boiler/bumer to be checked and calibrated for optimum air/fuel mixture for each fuel and
adjusted to its maximum efficiency level throughout entire modulation range. Flue gas analysis
includes the monitoring of temperature, 02, CO, NO„ and excess air and will be in a format to comply
with the SJVLTAPCD Monthly Monitoring requirement. (worn controls, metering valves, linkage or
affiliated equipment replacements, if required, is not included but is available at 15% discount on
parts).
• HAWK ICS Flash Card back-up of Controls and Panelview as applicable
• Work to be done on a regular workday basis (Monday -Friday). Additional cost for weekend or
Holiday work will be billed separately unless part of and noted in this contract.
• All work will be performed by R.F. MacDonald Co.'s own boiler technicians and is guaranteed to be
first class in quality and workmanship.
• The boiler room shall be left in the same clean condition as existed prior to start of the work.
• A field engineer's checklist and report will be submitted upon completion of work.
This proposal does not include any extra labor and materials that may be required to correct any condition
pre-existing or not evident at the time of the inspection. No extra work will be performed without prior
authorization.
1549 Cummins Drive, Modesto, CA 95358, Phone: 209.578.0726, Fax 209.576.1312
www.rfmacdonald.com
ILE MacDonald Co.
e boiler 4 perm sohsFr# ?eau,
City of Lodi. Quote CL..AM04162012
April 16,2012
Page 6 of 8
AB(' CONTRACT
This contract shall pertain only to the following equipment.
Make
AECP
Model No. Serial No. So�ctioCn 1 Section
11(lea)
Annual
Price
Holler No. 1
Cleaver
Brooks
C11700-50
L96460
$2,750
5900
S3,65Q
Boiler No. 2
Cleaver
Brooks
CB700-50
L97261
53,750
3900
53.650
Bo lerNo.3
Cleaver
Brooks
CBLE700-50
01.106106
$2,850
$900
53,750
Total for all boilers (3) .$11,050.00
Allowance for City Approved Repairs and Replacement Parts found during scrvice.S25,000.00
Grand Total $44,715.00
Payment Terms: On approval of credit, net 30 days from date of acceptance.
Note:
1. Contract to become effective upon the date of acceptance.
2. Initial service will be scheduled ager receipt of purchase order.
3. Annualized monthly payments can he arranged if desired
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1649 Cummins 13rtve, Modesto, CA 96358, Phone: 209.570.0726, Fax 209.578.1312
www.rimacdonald.com
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RF MooDona[d Co,
Office 009)576-0726
Con (209)4172
Fax (209)576-0751
Exhibit C
Insurance Reauirements for Contractor The Contractor shall lake out and maintain during the life of this contract,
insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor
performing work covered by this contract from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from Contractor's operations under this contract, whether
such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of
them, and the amount of such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Ea. Occurrence
$2,000,000 Aggregate
2. COMPRENENSIVEAUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury - Ea. Occurrence
$1,000,000 Property Damage - Ea. Occurrence
NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a
claims period following termination of overage which Is at least consistent with the claims period or statutes of
limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine
Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a
description of the project that it is insuring.
A copy of the certificate of insurance with the following endorsements shall be furnished to the City:
(a)
Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed
Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds.
(This endorsement shall be on a form furnished to the City and shall be included with Contractors policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance.
Any other insurance maintained by the City of Lodi or Its officers and employees shall be excess only and not
contributing with the insurance afforded by this endorsement.
(c)
Completed Operations Endorsement
For three years after completion of project, a certificate of insurance with a Completed Operations
Endorsement, CG 20 37 070 04, will be provided to the City of Lodi.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the Inclusion herein of more than one insured shall
not operate to increase the limit of the company's liability.
(e) Notice of Cancellation or Chance in Coverage Endorsement
This policy may. not be canceled nor the coverage reduced by the company without 30 days' prior written notice
of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
Compensation Insurance The Contractor shall take out and maintain during the Ilfe of this contract, Worker's
Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work Is
sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any
class of employees engaged in hazardous work under this contract at the site of the project is not protected under the
Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide
insurance for the protection of said employees. This policy may not be canceled nor the coverage reduced by the
company without 30 days' prior written notice of such cancellation or reduction In coverage to the Risk Manager, City
of Lodi, 221 W. Pine St., Lodi, CA 95240. A Waiver of Subrogation against the City of Lodi is required.
NOTE: No contract agreement will be signed nor will pm work begin on a protect until the proper insurance certificate
is received by the City.
CIR.E MacDonald Co.
your goiter & pump solutions team
November 18, 2015
Lodi Wastewater Treatment Plant
12751 North Thornton Road
Lodi CA
Attention: Karen Honer
E -Mail: KHoner@lodi.gov
Exhibit 2
1549 Cummins Drive
Modesto, CA 95358
Phone: 209.576.0726
Fax: 209.576.1312
www.rfmacdonald.com
SAN FFAIcIsco
FRf SINO
LAS VEGAS
Los AN6(LLS
SAN DIEGO
RENO
RE: Replacement of the lower half tube sheet on Cleaver Brooks boiler CB700-50 SN -L97261.
Karen,
In response to your inquiry for a quotation, R.F. MacDonald Co. is pleased to provide the following
quotation for your review and consideration.
Scope of Work
• Lock out energy sources
• Prep for removal of the lower rear half of the tube sheet.
• Torch cut the lower rear tube sheet and remove. (disposal by others)
• Prep, grind and clean up the area where the new tube sheet will be installed.
• Prep for weld of the new tube sheet.
• Place and mount the new tube sheet into place.
• Weld up the rear tube sheet using wire feed.
• Use all proper ASME code welding techniques.
• Provide all necessary code documentation and paperwork for inspection.
• Provide and install new hand hole gaskets.
• Fill unit and Hydro -Test Boiler in front of code weld inspector.
• Combustion tuning not included in this proposal.
• Close up the boiler. All new gaskets are currently installed to be provided as part of
completion of the annual service.
• Tuning will be provided as part of the boiler annual service.
Price Including Labor, Materials, and tax is .$12,725.00
• Not Covered: Any work that is not specifically described above
• Unit needs to be cool at time of repairs
• Any additional work found upon further inspection or during repairs will be at an
additional cost
SALE AND PAYMENT TERMS AND CONDITIONS
The following sets forth the sale and payment terms and condition policies of R.F. MacDonald Co. It constitutes the general
agreement between R.F. MacDonald Co. ("R.F. MacDonald Co.", the "Company" or "we") and you, its customer, under which
products, service and parts are sold, credit is extended and payments are expected.
Quote # QUO-50766-SOY5Q2
11/18/2015
0 R.E MacDonaki Co.
November 19, 2015
This policy supersedes all previous sales and credit, payment terms and conditions, and finance policies issued by R.F. MacDonald
Co. and shall remain in effect until further notice. The company reserves the right to change this policy and agreement at any time.
EXTENSION OF CREDIT
Credit is one of the most important services R.F. MacDonald Co. offers to you as a customer. An open line of credit is established for
you based upon your needs, financial strength, and history of meeting your credit obligations.
In order to insure you the best possible prices and service, we must enforce a credit and collections policy based upon sound business
principals and good judgment.
INVOICING AND PAYMENT TERMS
Payment Terms are 25% down payment, balance Net 30 (upon approval of credit) on all invoices unless other arrangements are made
in advance of shipment. When opening a new account with an order, the Company may require payment with the initial order so as
not to delay shipments while credit references and financial information are being reviewed. We reserve the right to suspend or
terminate any further performance under this agreement or otherwise in the event payment is not made when due. Quotes are valid
for 30 days. Equipment will not be started up unless 90% of the purchase price of the equipment has been paid.
Shipment Terms Unless otherwise specified in writing signed by an authorized representative of the Company, all shipments are Ex
Works the manufacturer's factory or R.F. MacDonald Co. warehouse as applicable. Title to the merchandise shall pass to the buyer
upon delivery to the carrier and thereafter all risk of loss or damage shall be the buyer's.
Service Charges We reserve the right to take action to collect any invoice which is not paid when due. We also assess a late payment
SERVICE CHARGE on the day following the due date and monthly thereafter against all amounts remaining unpaid on each such
date. Subject to any limitations that may be imposed by applicable law, the amount of this charge is 11/2% of the amount remaining
unpaid on each such date.
This policy will be applied to customers who permit their account to become delinquent. It is your responsibility to notify R.F.
MacDonald Co. of any extenuating circumstances that may affect your payment and work out a solution. Please know that our
interest lies not in collecting a service charge, but in receiving timely payments of your invoice.
Warranty on Equipment and Material Provided by Manufacturer:
You will rely solely on the warranty provided by the manufacturer. Your sole and exclusive remedy for breach of warranty shall be as
provided in the manufacturer's standard warranty.
R.F. MacDonald Co. makes no warranty express or implied of any kind. We make no claim of fitness or merchantability or any other
warranty, express or implied, nor is anyone else, whether employed by R.F. MacDonald Co., or not, authorized to do so on our behalf.
We specifically disclaim the warranty of merchantability and the warranty of fitness.
You will be invoiced in the regular manner for all materials and parts even though it may be an in -warranty transaction. Credit will be
issued promptly on our receipt of proof of return, and, as long as the return is within the prescribed time limit and has been properly
authorized. Please note that withholding payment of any invoice in anticipation of an in -warranty credit is not allowed with our terms
of sale.
For any items or components proposed as a substitute to specified items, it is understood that seller makes no guarantee that the
products submitted will be accepted by the approving authority.
In no event shall R.F. MacDonald Co. be liable to you or any person, corporation or other type of legal entity for any special, direct,
indirect, incidental, liquidated or consequential damage of any kind, including but not limited to, loss of products, loss of time, loss of
use, loss of production, loss of savings or revenues, cost of replacement goods, labor costs or other charges in connection with product
use or malfunction, the repair or replacement of defective parts whether such claims are alleged in strict liability, negligence, tort,
contract or otherwise and even if R.F. MacDonald Co. is informed in advance of the possibility of such damages.
Limited Warranty on R.F. MacDonald Labor (If Applicable):
If you are retaining the services of R.F. MacDonald Co.'s service department, R.F. MacDonald Co. warrants that labor performed will
be free from defect for a period of one year from the completion of work. This limited warranty excludes remedy for damage or defect
caused by accident, misuse, abuse, modifications not executed by R.F. MacDonald Co., improper or insufficient maintenance, or
improper operation. Installation, operation, and maintenance shall be in accordance with the product manuals provided by the
equipment manufacturer. R.F.AvImDmiald-Cisliall be notified I iu ' s days of -first knowledge of de1eet-by owner
or its agent. R.F. MacDonald Co. shall be given first opportunity to make any repairs, replacements, or corrections to the defect
2
R.F. Mae0onald Co.
November 19, 2015
within a reasonable period of time. R.F. MacDonald Co. makes no implied warranty of any kind. In no event shall R.F. MacDonald
Co. be liable by virtue of this limited warranty or otherwise to you or any person, corporation or other type of legal entity for any
special, indirect, incidental, liquidated or consequential damage of any kind.
CLAIMS
You are responsible for inspecting merchandise on receipt and for filing claims with the carriers for damage or loss. All claims for
shortages and damages must be made in writing to the carriers within ten (10) days of receipt. We suggest you call the carrier
immediately upon noticing any possible freight related damage and arrange for inspection before proceeding with unpacking.
Photographs taken while the delivery truck is still on sight are recommended if possible.
Under no circumstances may you withhold payment or charge the Company for freight or warranty related claims.
No claim for expenses incurred for corrective work done on merchandise provided by the Company will be considered or accepted
unless specifically agreed to in writing, in advance of the work being done, by an authorized manager of the Company.
INFORMATION AND ASSISTANCE
If at any time you have a question on an invoice from the Company, a call or note to our accounting department will bring
prompt action toward getting the problem resolved.
If it becomes necessary, at R.F. MacDonald Co.'s discretion, to take legal action in order to collect your account, R.F. MacDonald Co.
shall be entitled to recover, in addition to any other recovery, its court costs, reasonable attorney's fees and all other collection
expenses.
If you have any questions regarding this policy, please contact our office.
We appreciate your business and look forward to providing you with reliable equipment, parts and service.
Please acknowledge below your receipt and agreement to the provisions of this policy statement.
Return the original to:
R.F. MacDonald Co.
1549 Cummins Drive
Phone: (209) 576-0726
Fax: (209) 576-0751
Email: Anthony.Marino@RFMacDonald.Com
APPLICABLE LAW: This agreement shall be governed by the substantive laws of the State of California
Acknowledged and Agreed To:
Company Name:
Signature:
Name/Title:
Date:
3
RESOLUTION NO. 2016-40
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH R. F. MACDONALD CO.,
OF MODESTO, FOR BOILER INSPECTION, CLEANING, AND REPAIR AT
WHITE SLOUGH WATER POLLUTION CONTROL FACILITY
WHEREAS, R. F. MacDonald Co. entered into a Professional Services Agreement with
the City on May 29, 2013, for inspection, cleaning, and repair of the boilers at White Slough
Water Pollution Water Pollution Control Facility, in the amount of $44,715; and
WHEREAS, in December 2014, the contract was extended to June 30, 2015; and
WHEREAS, it was determined that additional work was needed to place the boiler into
service; and
WHEREAS, staff recommends that the City Council amend the Professional Services
Agreement to increase the funds by $12,725 and extend the term of the agreement from
June 30, 2015, to and including June 30, 2016.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 1 to the Professional Services
Agreement with R.F. MacDonald Co., of Modesto, California, for boiler inspection, cleaning, and
repairs at White Slough Water Pollution Control Facility, increasing the funds by $12,725 and
extending the term of the agreement to and including June 30, 2016.
Dated: March 16, 2016
I hereby certify that Resolution No. 2016-40 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
City Clerk
2016-40
fin. -"ut-e6
FERRAIOLO