HomeMy WebLinkAboutAgenda Report - June 21, 2017 C-04CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
Cm -4
AGENDA TITLE: Approve Specifications and Authorize Advertisements for Bids to Generate
Engineering Design to Upgrade Existing Facilities at McLane Substation
MEETING DATE: June 21, 2017
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
Approve specifications and authorize advertisements for bids to
generate engineering design to upgrade existing facilities at McLane
Substation.
The Electric Utility (EU) maintains approximately 131 miles of
overhead primary and sub -transmission electric lines, 122 miles of
underground cable, and four distribution substations to provide
electric service to more than 26,000 customers.
The McLane Substation circuit breakers and relay protection equipment are approximately 40 years old
and prone to abrupt failure. The EU Capital Improvement Pian includes the replacement of these
components.
The Request for Proposal, attached as Exhibit -1, outlines the scope of work required by the contractor for
design specifications for the upgrades along with a bid document to be used by EU to advertise bids for
construction.
FISCAL IMPACT:
Actual fiscal impact is unknown until bids are received and reviewed by
staff. The anticipated not -to -exceed value for the design of the project is
$25,000.
FUNDING AVAILABLE: Included in FY2017/18 Account No. 50199000.77020.
Ot,
Andrew C. Keys
Deputy City Manager/Internal
!Vices Director
Elisabeth A. Kirkley
Electric Utility Director
PREPARED BY: Hasan Shahriar, P.E., Senior Power Engineer
EAK/JM/HS/Ist
APPROVED:
ens'" Schwa
r, City Manager
Exhibit -1
Request for Proposals
Design of
McLane Substation Upgrade
Lodi Electric Utility
Date Issued: May 31, 2017
Issued By:
City of Lodi
Electric Utility
1331 S. Ham Lane
Lodi, CA 95242
Page 1 of 5
INTRODUCTION: The Electric Department of the City of Lodi, California ("Lodi Electric
Utility" or "LEU") owns and operates an electric distribution utility with a service territory
that overlays the Lodi city limits. This distribution system serves a maximum annual
demand of approximately 135 MVA and total annual energy sales of approximately 435
GWHrs. The LEU 12kV distribution system is served by 4 distribution substations, three
of which are fed by radial 60kV lines from Industrial Substation. Each substation has
two 60/12kV, 18.75/25/31.25MVA power transformers and each transformer normally
feeds four 12kV feeders. It is LEU's intent to loop its 60kV sub -transmission system in
the future.
PROPOSED PROJECT: LEU intends to modernize one of the four distribution
substations, McLane Substation located at 2101 W. Turner Road, in Lodi, CA by:
• The addition of one 12kV, 1200 amp feeder (#1220) including foundations &
footings, structural steel, major equipment (breaker, switches, & insulators), bus
& bus hardware, conduits, wiring & grounding modifications, and new metering,
relaying, and controls.
• Replacement of one 60kV, 2000 amp power circuit breaker (#6021) including
removal and disposal of the old breaker; modification of the breaker foundation,
high voltage bus, conduits, wiring and grounds to accommodate the new
breaker, and metering, relaying and controls.
• Replacement of three 12kV, 1200 amp power circuit breakers (#1221, #1222,
and #1224), including removal and disposal of the old breaker; modification of
the breaker foundation and oil retention basin, high voltage bus, conduits, wiring
and grounds to accommodate the new breaker, and metering, relaying and
controls.
• Replacement of two 12kV, 2000 amp power circuit breakers (#1223 and #1224) ,
including removal and disposal of the old breaker; modification of the breaker
foundation and oil retention basin, high voltage bus, conduits, wiring and
grounds to accommodate the new breaker, and metering, relaying and controls.
• Modernization of all metering and relaying functions and the placement of new
metering and relaying equipment inside a new control house adjacent to the
existing control house. Existing electromechanical relays are to be replaced with
Schweitzer Engineering Laboratories (SEL) relays. Protection schemes shall
show the migration of the line, bus, and transformer protection to a future looped
60kV system.
DETAILED DESIGN SERVICES: The City of Lodi requires the professional services of
a Detailed Design Engineer to effect the modernization of LEU's McLane Substation.
The following is a high level outline of the Detailed Design Scope of Work.
• All necessary substation engineering and design required to implement the
modernization effort at McLane Substation including, but not limited to, load flow,
Page 2 of 5
short circuit and coordination studies, grounding design, production of all
necessary drawings and specifications, etc. Modernized McLane substation
shall be modeled in Milsoft and Detailed Design Engineer shall verify relay
settings provide adequate coordination and fault protection.
• Preparation of bidding documents required for equipment procurement. This
work will include a schedule analysis and recommendations about major
equipment being "LEU furnished" or "contractor furnished".
• Preparation of bidding documents required for public works contracting of the
modernization effort. LEU will provide contract terms and conditions. The
successful proposer will provide all required plans and specifications. Of special
interest will be requirements for contractor working in an energized and
operational distribution substation.
• Work management documents including a detailed statement of work for the
Detailed Design Engineer, a critical path method (CPM) schedule of the detailed
design effort with milestones indicating Lodi City Council award dates of
procurement & construction contracts.
• Project control documents for the upgrade project including a CPM schedule of
the major procurement and construction activities along with associated costs.
• Site visits necessary to become familiar with the work, the utility and the City's
contracting practices. Also required are regularly scheduled meetings or
conference calls to answer questions about the scope of work in a timely manner
and maintain schedule & budget goals.
PRICE PROPOSAL: You are requested to submit a price proposal for the Detailed
Design Engineering services. Your price proposal should include a re -statement of the
Detailed Design Work, along with an estimate of all man-hours and all pass-through
expenses required to complete the work. Your hourly rates should be loaded with all
appropriate overhead expenses. You should also itemize all pass through expenses
such as sub -contracting, travel, and significant purchases. The total cost of your price
proposal will become a maximum not to exceed cost in any contract that may result
from this proposal. The itemized costs do not imply this is a time and material contract.
Itemized costs will be used to estimate percent complete and compute partial payments
amounts.
CONTRACT FOR DESIGN DEVELOPMENT ENGINEERING SERVICES: The basis of
the contract between the City of Lodi and the Detailed Design Engineer will be a
Professional Services Agreement. This is an agreement for a specified scope of work
to be completed in a specified period of time for an agreed upon "not -to -exceed"
amount. A template copy of this agreement is attached. Your price proposal should be
uniquely identifiable by proposal number, title, and date.
Page 3 of 5
STATEMENT OF QUALIFICATIONS: Proposers are also required to submit a
Statement of Qualifications (SOQ). SOQ's should be concise, less than 5 pages and be
supplemented by no more than 10 pages of subject matter expert resumes and
additional information.
REQUEST FOR INFORMATION: Proposers will be given an opportunity to visit the site
and ask questions concerning the work. The site visit is not mandatory. All questions
must be in writing and submitted to LEU at least 10 working days prior to the deadline
for submittal of proposals. LEU's response to any one proposer's question will be sent
to all potential proposers.
INSTRUCTIONS FOR SUBMITTING PROPOSALS: The Price Proposal should be in
the form of a letter addressed to Hasan Shahriar. The Price Proposal should be sealed
in a separate envelope and clearly labeled with your company name and "McLane
Substation Modernization Project Price Proposal".
The Statement of Qualifications should be in the form of a bound, printed report with a
cover transmittal letter. An electronic copy in PDF format on CD or USB storage media
shall be included so additional review copies can be made and distributed to review
team members.
The complete submittal (Price Proposal in a sealed envelope and printed and electronic
copies of the Statement of Qualifications) shall be enclosed in a single envelope and
delivered to:
Hasan Shahriar, Sr. Power Engineer
City of Lodi, Electric Department
1331 S. Ham Lane
Lodi, CA 95240
ess modified in writing y t
Page 4of5
AWARD OF CONTRACT:
Proposals will be reviewed and ranked by a team of LEU employees and agents before
viewing price proposals. Price Proposals will then be reviewed and ranked. The
Proposer with the best combination of price and qualifications will be offered the work
subject to successful contract negotiations. At this time LEU believes the review period
will be 2 to 4 weeks from the deadline for submitting proposals.
Any questions about this Request for Proposal may be sent to:
Hasan Shahriar
Email: hshahriar@Iodi.gov
Sincerely,
Hasan Shahriar, PE
Sr. Power Engineer
Attachments:
• Drawing Number MB010 — McLane Substation One Line Diagram 60kV & 12kV.
• Sketches McLane Modernization 2017
• Pictures of existing substation
• Professional Services Agreement Template
Page 5 of 5
KENNING C
1
0602 i 10601 MUSIRw.
0603 .OLLE G.
6666
'a: E J1 1300/5
N ® C:
11.1r 1
4 l T YYY®222
/ 300/5 0'0 ® 610
1300/5 E_
VOLTAGE
00KV:15.eXv (Y'y'riyyy,
(1
NCPA
LODI CT
1230
2 BANK A
TRANSFORMER/LTC
ASIA ELEC. >e cuss 00/FA/FA
16750/2.5000/31250 NA AT 58c
000 260060/0305000 A AT 656
-5/000 6 WLTS
100. —
BA
NeRFsp�ll
x�w
U.IA,,.WJ
'YYY"YYYI v
AIR
1300,
USC 1000/5 5 F
1229
m0 m
pMT 1700: 5%1
tTc 07x101%
mxolxc TEMP.
CO
2 KV TRANSFER BUS
Gam
1227 1226
1 BANK
TRANSFORMER
COOPER % puss OA/FA/F
10� 8000/ 3125c KvA t
svc
21 35000 KVA AT 650
60000-120007/6938 voLT5
5/x 6547785-1-1
c 0
sus MRES'
`YYY`7YYY1
uu pow%i F
1224
11
`'
LL
c 00x100.
BANK
LEGEND:
A AMMETER
AX AMP TRANSDUCER
✓ VOLTMETER
VX VOLT TRANSDUCER
KVCR KILOVOLT CHART RECORDER
MWCR MEGAWATT CHART RECORDER
MVARCR MEGAVAR CHART RECORDER
KWH KILOWATT METER
WX WATT TRANSDUCER
50/51 PHASE OVERCURRFNT RELAY
50/510 GROUND 0056(0RRENT RELAY
SIN TRANSFORMER NEUTRAL
OVERCURRENT RELAY
63 FAULT PRESSURE RELAY
79 RECLOSER RELAY
81 UNDER FREQUENCY RELAY
81X UNDER FREOVENCT AUX. RELAY
86T TRANSFORMER LOCKOUT RELAY
871 TRANSFORMER DIFFERENTIAL RELAY
5 5CADA RTU
CS CONTROL SWITCH
AS AMMETER SWITCH
VS VOLTMETER SWITCH
85 BANK SWITCH
LO LOCK OUT
1222 1221
PHASE 1
x220
I
U
T
0 WEST
A�C
00. \
12USE00/5
600/5
600A
. s01
I z rOT.
TRnxsF ar
3E El
1300 5
XSE
00/0
200.
60.
000/5
VS
•
G0.
12 17/. MAIN
2000
6000
66.\
7
600A
200.
20IXw
6000,
120sC0/5
300/5
6o.\
1100/5
UBC
600/5
60. \
EAST
I 1
0000
BUS
TO 87T,
00
WEST STA1Ux
WK'i R POWER
STCR
SMlCH
120/
200V
ucHrT R APoma A
AIC
602 1/
0T
0 3E
33t 10/
pV
1,6x172 lox I
suaoN6
CITY OF LODI PROVED 8Y
ELECTRIC LRILRY DEPARTMENT
01-27-99 BA
DATE DRAWN CHECKED AS BUILT
Ua
02 RECORD 1 /11/99 RT ABA
01 006006 6 2/00 61 APA
xD Ron.. OATS BY CKO NAPO
nnE
McLANE SUBSTATION <ao
57x1 xis
066. 6O. 66010
SHELF 1 61 2
2161 W. TURNER
ONE LINE DIAGRAM
60 KV & 12 KV
EXHIBIT - A
Picture 1: McLane 12 kV bus and PCB
Picture 2: Bus tie breaker
Picture 3: Electro -mechanical relay's at PCB
Picture 4: Electro -mechanical relay's inside the control room
Picture 5: Electro-mechanical relay's inside the control room
Picture 6: Electro -mechanical relay's inside the control room
Picture 7: Electro -mechanical relay's inside the control room
Picture 8: Electro -mechanical relay's at 60 kV PCB (Bank 2)
--:-.----s`
`v_
.
Picture 9: 60 kV oil PCB (Bank 1)
Wednesday, May 24, 2017
1230
FDR
R5
M5
Sketch 20170523 — Upgrade McLane Substation
6023
8
T
N
1229 0 1228
LL
FDR 2 MAIN
E
R2
6022
r
1226
LL
FDR
Bus Tie Breaker should be able
to substitute for either a 12kV
Main or 12KV Feeder with
appropriate Metering 8
Protection by switching only.
M3
1224
FDR
Same as FDR 1230
Ct
1223
MAIN
c
87
T2
/
0
<1
1220
FDR
Same as FDR 1230
Page 1
Wednesday, May 24, 2017
Sketch 20170524 Upgrade McLane Substation
McLANE SUBSTATION
2101 W. Turner Road
Lodi, CA
Page 2
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 20 , by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and (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
(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
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 , 20 and terminates
upon the completion of the Scope of Services or on , 20 , 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:
To CONTRACTOR:
City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn:
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
II
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:
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:
Doc ID:
CA: Rev.01.2015
(Business Unit & Account No.)
8