HomeMy WebLinkAboutAgenda Report - May 16, 2018 C-08TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
c -s
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Contract with
Thatcher Company of California, Inc., of Sacramento, for Surface Water Treatment
Facility and Well Chemical Supply ($30,000)
May 16, 2018
MEETING DATE:
PREPARED BY:
Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 1 to
contract with Thatcher Company of California, Inc., of Sacramento, for
Surface Water Treatment Facility and well chemical supply, in the amount
of $30,000.
BACKGROUND INFORMATION: The Surface Water Treatment Facility (SWTF) requires various chemicals
throughout the treatment process to produce potable water. Currently, the
SWTF is using Caustic Soda and Citric Acid to perform required periodic
chemical washes on the filtration system. In addition, each well site serving the City of Lodi is chlorinated using
chemicals supplied by Thatcher Company of California, Inc.
The City entered into a contract with Thatcher Company of California, Inc. for the supply and delivery of various
chemicals used in the water treatment process on September 17, 2012. The first two-year contract extension
was executed on September 16, 2014 and the second on October 20, 2016. The contract currently expires on
September 17, 2018.
The delivery of chemicals to SWTF and City wells varies with the amount of water being produced and the
quality of water coming into SWTF. Due to a need for more chemical washes on the filtration system than
anticipated, Staff is requesting additional funds to purchase chemicals through the end of the contract term.
Staff recommends authorizing City Manager to execute Amendment No. 1 to contract with Thatcher Company of
California, Inc., of Sacramento, for Surface Water Treatment Facility and well chemical supply, in the amount of
$30,000, for a total not -to -exceed amount of $503,064, over the entire six-year contract term.
FISCAL IMPACT: Funding for chemical purchases is included in the Water Operations budget. This
purchase will not impact the General Fund.
FUNDING AVAILABLE: Water Operating Fund/SWTF (56052005)
Water Operating Fund/Production (56052003)
Andrew Keys
Deputy City Manager/Internal Services Director
Prepared by Travis Kahrs, Water Plant Superintendent
Attachment
cc: Andrew Richle, Utilities Superintendent
Lance Roberts, Utilities Manager
APPROVED:
Charles E. Swimley, Jr.
Public Works Director
chwaba City Manager
R:\GROUP\ADMIN\Council\2018\05162018\Thatcher\CC Thatcher amend no 1.doc 5/1/2018
AMENDMENT NO. 1
THATCHER COMPANY OF CALIFORNIA, INC.
SURFACE WATER TREATMENT FACILITY AND WELL IMPROVEMENT
CHEMICAL SUPPLY CONTRACT
THIS AMENDMENT NO. 1 TO CONTRACT, is made and entered this day of
2018, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
THATCHER COMPANY OF CALIFORNIA, INC., a California corporation, (hereinafter
"CONTRACTOR"). F
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Contract (the "Agreement") on
September 10, 2012, Extension No. 1 on September 16, 2014, and Extension No. 2 on
October 20, 2016, attached hereto as Exhibit 1, 1A and 1B respectively, and made part hereof;
and
2. WHEREAS, CITY requested to increase the not -to -exceed amount by $30,000, for a total
contract amount of $503,064, within the existing fee schedule for the purpose of additional
required chemicals for potable water treatment; and
3. WHEREAS, CONTRACTOR agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the total contract amount under the
Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on
the date and year first above written.
CITY OF LODI, a municipal corporation
Herein above called "CITY"
THATCHER COMPANY OF CALIFORNIA, INC.,
a California corporation,
Hereinabove called "CONTRACTOR"
STEPHEN SCHWABAUER CRAIG N. THATCHER
City Manager President
Attest:
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form
JANICE D. MAGDICH
City Attorney
Exhibit 1
SWTF/Well Chemical Supply Contract 2012-14
CONTRACT PAGE 1
CITY OF LODI, CALIFORNIA
THIS CONTRACT, made by and between the CITY OF LODI, State of California, herein
referred to as "City" and SIERRA CHEMICAL COMPANY herein called "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 filed in the Public Works
Department, which are incorporated herein by this reference, to -wit:
Notice Inviting Bids The July 1992 Edition Standard
Information to Bidders Specifications, State of California
General Provisions Business and Transportation
Special Provisions Agency, Department of
Bid Proposal Transportation
Contract
Exhibit A — Well Locations and
Modification Drawings
Exhibit B — SWTF Chemical Plan and
Chemical Storage Drawings
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
bond bearing even date with these presents and hereunto annexed, the Contractor agrees with
the City, at Contractors 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
perform and complete in a good workmanlike and substantial manner and to the satisfaction of
the City 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 in Section 5-600, "Measurement, Acceptance and Payment," of the
General Provisions, in the manner and upon the conditions above set forth; and the said parties
for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree
to the full performance of the covenants herein contained.
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,
R:IGROUPIW WVWWaler SwfPlChemkal Supply ContractISierrs Contract doc 07/24/2012
SWTF/Well Chemical Supply Contract 2012-14
CONTRACT PAGE2
travel time, and subsistence pay, apprenticeship or other training programs. The responsibility
for compliance with these Labor Code requirements is on the contractor.
ARTICLE IV And the Contractor agrees to receive and accept the following prices as full
compensation for fumishing the work contemplated and embraced in this agreement; also for
all Toss 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 it's 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 Contract Documents, to -wit:
Perform the work necessary for the safe delivery of sodium hypochlorite 12.5% to all 24
required wells in order to maintain adequate operating levels; and the safe delivery of chemicals
to the SWTF with a frequency based on usage.
SWTFIWeII Chemical Supply Contract 2012-2014
WELL CHEMICAL SUPPLY
Section 1 consists of the routine delivery of NSF certified sodium hypochlorite 12.5% solution to
24 well locations, including annual maintenance of chemical.
1. Estimated annual usage is 26,000 gallons which should include all delivery costs,
applicable taxes and fees associated with scope of work.
Note: The frequency of deliveries shall be as required to maintain a continuous operation. The
quantity and strength of solution is based on annual estimated usage and is subject to change
based on the water production of each individual well.
Item
1
Quantity l Item
26,:00 I Sodium Hypochlorite 12.5% Solution
LIncluding all delivery costs and fees
Unit
Gallon
Unit Cost
$1.52
Total Item i
Cost 1
$39,520.00
The list of well locations is found in Section 6-01 under Description of Work.
Delivery must be made within 5 business days of order if different than regularly
scheduled deliveries.
SWTF CHEMICAL SUPPLY
Section 2 consists of the routine delivery of NSF certified chemicals to the surface water
treatment facility located at 2001 West Turner Rd. These chemicals include, but may not be
limited to: Sodium Bisulfite; Citric Acid and Sodium Hydroxide. Delivery and all applicable taxes
and associated fees shall be included in per unit cost.
Note: The quantity and strength of solution is based on annual estimated usage and the
frequency of delivery will change based on water production.
R:IGROUP\WW l Water SWTP\Chemical Supply ContractlSlerra Contract.doc 07/2412012
SWTFIWeIl Chemical Supply Contract 2012-14
CONTRACT
PAGE 3
Quantity
12
12
12
12
Item
Unit Unit Cost Total
Item Cost
Salt 501Wbag
Including all delivery costs and fees
Sodium Bisulfite 38% Solution
Including all delivery costs and fees
Citric Acid 30% Solution
Including all delivery costs and fees
Sodium Hydroxide 25% Solution
Including all delivery costs and fees
Pallet $318.50 $3.882.00
330 Gallons $689.70 $8,276.40
330 Gallons $1,815.00 $21,780.00
330 Gallons $448.80 $5,385.60
Total $39,324.00
The City reserves the right to multiple awards based on the lowest responsive bid of each
individual bit item within the summary.
Delivery must be made within 5 business days of order.
Total contract amount not to exceed:
$78,844.00
ARTICLE V By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code, which requires every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply. with such provisions before commencing the
performance of the work of this contract.
ARTICLE VI It is further expressly agreed by and between the parties hereto that, should
there be any conflict between the terms of this instrument and the Bid Proposal of the
Contractor, then this instrument shall control and nothing herein shall be considered as an
acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VII The Contractor agrees to commence work pursuant to this contract within 15
calendar days after the City Manager has executed the contract and to diligently prosecute to
completion within the allotted number of working days:
ARTICLE VIII The term of this contract is for a two (2) year period. At its option, City may
extend the terms of this Agreement for an additional two (2) two (2) -year extensions; provided,
City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of
the existing term. In the event City exercises any option under this paragraph, all other terms
and conditions of this Agreement continue and remain in full force and effect. The total duration
of this Agreement, including the exercise of any option under this paragraph, shall not exceed
six (6) years.
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 IN SECTION 6-04.03 OF THE
R:IGROUPIWWNMWater SWTP1Chemical Supply Contrad%slerra Contrad.doc 07/24/2012
SWTF/Well Chemical Supply Contract 2012-14
CONTRACT PAGE 4
SPECIAL PROVISIONS. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE
DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE CONTRACT.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date first written below.
Sierra Chemical Co. Dated: August 22, 2012
CONTRACTOR
Authorized Signature Matt t4irincic
General Manager
Title
Corporation
TYPE OF ORGANIZATION
Individual, Partnership or Corporation (Affix corporate seal if Corporation)
2302 [Arkin Circle
Address
Sparks, NY 89431 ( 775 ) 358--0888
CITY OF LODI
a M icipal corporation
onradt BartIam
City Manager
Attest:
Randi J rk
Approved as to Form:
trarSTATIO
D shwa saue
City Attorney
Telephone
R:IGROUP%WWW1Waler SWTP.Chemical Supply ConlracISierra Conlracl.doc 07/24/2012
CONTRACT EXTENSION AGREEMENT
2012/2014 SURFACE WATER TREATMENT FACILITY AND WELL IMPROVEMENT
CHEMICAL SUPPLY CONTRACT
�THIS CONTRACT EXTENSION AGREEMENT, made and entered this ^ day of
. 2014. by and between the CITY OF LODI, a municipal corporation, hereinafter called
'Owner, and SIERRA CHEMICAL COMPANY, hereinafter called "Contractor.'
WITNESSETH:
1. WHEREAS; Contractor and Owner entered into the Surface Water Tresnt Facility
and Well Improvement Chemical Supply Contract - 2012/2014 on Septe er 17,
2012.(the "Contract"), providing that the contract could be extended by mutual
agreement of both parties; and
2. WHEREAS; At its option, Owner has advised Contractor of its intent to extend the terms
of the Contract an additional two years; and
3. WHEREAS; both parties desire to extend the contract in accordance with Article VIII
thereof: and
4. WHEREAS; the Contract shall not exceed the original contract price of $78,844.00 for
the duration of this extension.
5. TERM AND TERMS: The term of this Contract Extension Agreement shall be for a
period of two (2) years, commencing September 17, 2014 and terminating September
17, 2016. M other terms and conditions will remain as set forth as reflected in the
Surface Water Treatment Facility and Well Improvement Chemical Supply Contract -
2012/2014 Contract, attached hereto as Exhibit A and made a part hereof as though
fully set forth herein.
6. INSURANCE: Contractor shall provide Owner proof of current insurance coverage as
set forth in the attached Exhibit A, Insurance Requirements for Contractor.
IN WITNESS WHEREOF, Owner and Contractor have executed this Contract Extension
Agreement onpbGL 1 in 2014.
CITY OF LODI, a municipal corporation
h : • a s ave called "Owner
STE ■ SCHWAIMUEJ
City Manager
Attest:
4�[. -A. U E?II<�
Cleric
SIERRA CHEMICAL COMPANY.
her ' a'. ave tal •d ontractar'
By: 76,6 7 Cspaliel
I' (Print Name)
Title: m elt, o ( 1344a) er
Approved as torx m ff - ..,�
R:1GRa1119WWW Watch tilt j h. n.+k:1 ; 1f$PrEi tyitiicnd Contract Extension (SWTF and Welk Chemical Supply 201244).doc6/3012014
(0
Exhibit 1B
CONTRACT EXTENSION AGREEMENT
2012/2014 SURFACE WATER TREATMENT FACILITY AND WELL IMPROVEMENT
CHEMICAL SUPPLY CONTRACT
THIS CONTRACT EXTENSION AGREEMENT. made and entered thisD'54 day of Sepfemar,
2016, by and between the CITY OF LODI, a municipal corporation (hereinafter called 'CITY"), and
SIERRA CHEMICAL COMPANY, (hereinafter called "CONTRACTOR').
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into the Surface Water Treatment Facility and
Well Improvement Chemical Supply Contract — 2012/2014 on September 17, 2012 (the
"Contract"), attached hereto as Exhibit 1, providing that the contract could be extended by mutual
agreement of both parties; and
2. WHEREAS, CONTRACTOR and CITY mutually agreed to extend the Contract on September 16,
2014, attached hereto as Exhibit 2; and
3. WHEREAS, At its option, CITY has advised CONTRACTOR of its intent to extend the terms of
the Contract an additional two (2) years and both parties desire to extend the contrail in
accordance with Article VIII thereof; and
4. TERM AND TERMS: The term of this Contract Extension Agreement shall be for a period of two
(2) years, commencing September 17, 2016 and terminating September 17, 2018. All other
terms and conditions will remain as set forth as reflected in the Surface Water Treatment Facility
and Well Improvement Chemical Supply Contract — 2012/2014 Contract, and made a part hereof
as though fully set forth herein.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Contract Extension
Agreement on sep er-t+a, Qct. 94)2016.
CITY OF LODI, a municipal corporation
lid 'n ove called "CITY°
STEPHEN SCHWABAUEf�
City Manager
Attest:
J IFER M ERRAIOLO
iit Clerk
Approved as to Foram:
ANICE D ' MAGDICH
City Attorney
SIERRA CHEMICAL COMPANY
Here b y��ed -CC� CTOR"
Ronald Espalln
Commercial Manager
RESOLUTION NO. 2018-87
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO
CONTRACT WITH THATCHER COMPANY OF CALIFORNIA, INC.,
OF SACRAMENTO, FOR SURFACE WATER TREATMENT
FACILITY AND WELL CHEMICAL SUPPLY
WHEREAS, the Surface Water Treatment Facility requires various chemicals throughout
the treatment process to produce potable water; and
WHEREAS, the City entered into a contract with Thatcher Company of California, Inc.,
for the supply and delivery of various chemicals used in the water treatment process on
September 17, 2012; the first two-year contract extension was executed on
September 16, 2014, and the second on October 20, 2016, with the contract currently expiring
on September 17, 2018; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment
No. 1 to contract with Thatcher Company of California, Inc., of Sacramento, for Surface Water
Treatment Facility and well chemical supply, in the amount of $30,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 1 to contract with Thatcher Company of
California, Inc., of Sacramento, California, for Surface Water Treatment Facility and well
chemical supply, in the amount of $30,000, for a total not -to -exceed amount of $503,064, over
the entire six-year contract term.
Dated: May 16, 2018
I hereby certify that Resolution No. 2018-87 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 16, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
f 'T. A
NIFER . FERRAIOLO
City Clerk
2018-87