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HomeMy WebLinkAboutAgenda Report - August 1, 2018 C-04TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM c2-4 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Diede Construction, Inc., of Woodbridge, for Operations and Maintenance Services of the Central Plume PCE/TCE Remedial Sites ($300,129), and Appropriating Funds ($300,129) MEETING DATE: August 1, 2018 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with Diede Construction, Inc., of Woodbridge, for operations and maintenance services of the Central Plume PCE/TCE Remedial Sites, in the amount of $300,129, and appropriating funds in the amount of $300,129. BACKGROUND INFORMATION: The City currently has two Central Plume TCE/PCE treatment systems. Site No. 1 is located at 211 West Oak Street (in the alley between Pine Street and Oak Street) and Site No. 2 is located at 531 South Church Street (near the intersection of Church Street and Tokay Street). Site No. 1 utilizes soil vapor and groundwater extraction with granular activated carbon (GAC) treatment units. Site No. 2 has groundwater extraction GAC treatment units only. The Central Plume Source Area is bound by Pine Street, Oak Street, Church Street, and Pleasant Avenue. Diede Construction, Inc. installed the Site No. 1 treatment system and has been under contract with the City since 2011 to operate, perform maintenance, perform monthly groundwater sampling, replace spent GAC in the treatment units, and perform other related duties as specified in the service agreement for Site No. 1. Site No. 2 is currently under construction and is expected to be completed in August of this year. If approved, the Professional Services Agreement will add Site No. 2 to the operation and maintenance schedule and will include estimated labor and material costs for unforeseen repairs, which are not part of the normal operation and maintenance of the units. Staff recommends authorizing City Manager to execute Professional Services Agreement with Diede Construction, Inc., of Woodbridge, for operations and maintenance services of the Central Plume PCE/TCE Remedial Sites, in the amount of $300,129. Staff also recommends appropriating funds in the amount of $300,129. FISCAL IMPACT: Capital and Operations funding for these facilities is funded from the PCE/TCE Central Plume Settlement Fund. This maintenance contract does not impact the General Fund. APPROVED: Schwab. e , City Manager K:\WP\COUNCIL\2018\C Central Plume OM 2018 PSA.doc 7/17/2018 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Diede Construction, Inc., of Woodbridge, for Operations and Maintenance Services of the Central Plume PCE/TCE Remedial Sites ($300,129), and Appropriating Funds ($300,129) August 1, 2018 Page 2 FUNDING AVAILABLE: Requested Appropriation: Central Plume Settlement Funds (59099000.77020): $300,129 Andrew Keys Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Public Works Director Prepared by Lyman Chang, Deputy Public Works Director/City Engineer CES/LC/tdb Attachment cc: Utility Superintendent Public Works Management Analyst Diede Construction K:\WP\COUNCIL\2018\C Central Plume OM 2018 PSA.doc 7/17/2018 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2018, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and DIEDE CONSTRUCTION, INC., a California corporation (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 Central Plume Year Eight operation, maintenance, sampling and reporting services, as required by the Regional Water Quality Control Board (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 June 1, 2018 and terminates upon the completion of the Scope of Services or on May 31, 2019, 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 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 3.5 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 3.6 (AB 626) Public Contract Code Section 9204 — Public Works Project Contract Dispute Resolution Procedure 3 Section 9204 of the California Public Contract Code (the "Code") provides a claim resolution process for "Public Works Project" contracts, as defined, which is hereby incorporated by this reference, and summarized in the following: Definitions: "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under a contract for a Public Works Project. (B) Payment of money or damages arising from work done by, or on behalf of, a contractor pursuant to a contract for a Public Works Project and payment for which is not otherwise expressly provided or to which a claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the City. "Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Claim Resolution Process: (1) All Claims must be properly submitted pursuant to the Code and include reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will conduct a reasonable review, and within a period not to exceed 45 days, will provide the claimant a written statement identifying the disputed and undisputed portions of the Claim. The City and contractor may, by mutual agreement, extend the time periods in which to review and respond to a Claim. If the City fails to issue a written statement, paragraph (3) applies. Any payment due on a portion of the Claim deemed not in dispute by the City will be processed and made within 60 days after the City issues its written statement. (2) If the claimant disputes the City's response, or if the City fails to respond to a Claim within the time prescribed in the Code, the claimant may demand in writing, by registered mail or certified mail, return receipt requested, an informal conference to meet and confer for settlement of the issues in dispute, which will be conducted within 30 days of receipt. If the Claim or any portion thereof remains in dispute after the meet and confer conference, the City will provide the claimant a written statement, within 10 business days, identifying the remaining disputed and undisputed portions of the Claim. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, as set 4 forth in the Code, unless mutually waived and agreed, in writing, to proceed directly to a civil action or binding arbitration, as applicable. (3) A Claim that is not responded to within the time requirements set forth in the Code is deemed rejected in its entirety. A Claim that is denied by reason of such failure does not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by the Code will bear interest at 7 percent per annum. (5) Subcontractors or lower tier subcontractors that lack legal standing or privity of contract to assert a Claim directly against the City, may request in writing, on their behalf or the behalf of a lower tier subcontractor, that the contractor present a Claim to the City for work performed by the subcontractor or lower tier subcontractor. The request shall be accompanied by reasonable documentation to support the Claim. Within 45 days of receipt of such written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the Claim to the City and, if the original contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so. The Claim resolution procedures and timelines set forth in the Code are in addition to any other change order, claim, and dispute resolution procedures and requirements set forth in the City contract documents, to the extent that they are not in conflict with the timeframes and procedures the Code. 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. 5 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. 6 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: Lyman Chang To CONTRACTOR: Diede Construction, Inc. P.O. Box 1007 Woodbridge, CA 95259 Attn: Paul Bickford 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 7 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. 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. 8 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. 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. 9 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: DIEDE CONSTRUCTION, INC., a California JANICE D. MAGDICH, City Attorney corporation By: By: �,�,/ Name. STEVEN L. DIEDE (�'� Title: Presdient Attachments: v Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 59099000.77020 (Business Unit & Account No.) Doc ID:WP\Projects\PSAs\2018\Diede Central Plume Year 8 PSA.doc CA:Rev.02.2017 10 Exhibit A Permits, Certificates, Laws and Ordinances The Contractor and all subcontractors shall have a valid State Contractor's license issued by the State of California and registered with DIR and at their own expense procure all permits, certificates and licenses required of them for the execution of their work. They shall comply with all federal, state or local laws, agencies, ordinances or rules and regulations relating to the performance of the work. Reference is made to the State of California Department of Water Resources Bulletins No. 74 and 74-5. The Contractor shall be responsible for furnishing all tests, and filing of the logs as required by law except as noted in these Special Provisions. Operations And Maintenance This item shall include all appropriate labor, materials, tools, and equipment to provide operation and maintenance to the TCE/PCE soil-vapor/groundwater extraction site at the following locations: 1. 211 W Oak Street (Site 1) — Bi -monthly visit 2. 531 S Church Street (Site 2) The work shall include but not limited to the followings: Prepare reports and recommend changes to system operations Evaluate performance and effectiveness of system Compliance with policies and regulations Interpretation of process monitoring data Verification that discharge standards are being achieved Compare design parameters with actual parameters Collection and reporting of accurate and reliable data Review and record changes to process monitoring Furnish and change out filter bags Check system operation and clear alarms Check for leaks in the treatment system Collect and analysis of samples from groundwater treatment system Change GAC lead/lag plumbing connections Check site enclosure for damages or tampering and perform minor repair Keep treatment site clean and remove trash from site Check sump pump operation and clean sump if necessary Check electrical component for proper operation of the site Check all gauges for proper operation The (per month) fee for Operation and Maintenance shall be based upon providing the above mentioned tasks as required, and no additional compensation will be allowed. Groundwater Sampling and Analysis The contractor shall provide all labor, materials, tools and equipment to gather, package, transport, analyze, properly dispose of, and provide report of results for each groundwater treatment system sample. The samples shall be tested as per method 8260B at an approved laboratory. Typically a grouping of: Site 2 only 1 influent and effluent sample per week for first month 2 influent and effluent samples per month for months 2 and 3 Central Plume Year 8 OM 2018 ExA.doc 1 07/03/18 1 influent and effluent sample per month from month 4 onwards will be taken during a M&O visit. The number of samples is an estimate and may change as required by the engineer or other controlling agencies. Whether the sample gathering coincides with M&O visits or is accomplished by the same personnel is up to the economies of the Contractor. The contract price paid for sampling and analysis shall be considered as included in the price paid for Operation and Maintenance and shall include shall include full compensation for doing all the work defined above and no additional compensation will be allowed. Provide Analytical Results and Field Measurements to Engineer As detailed in the M&O Manuals for either the Ground Water Extraction (GWE) or the Soil Vapor Extraction (SVE) units, the Contractor shall provide field data and measurements, and sample analysis results to the City's consulting engineer, Civil Hydro Tech. At this point, the information may be transmitted by hard copy or electronically; no specialized computer programs will be required to process and deliver the results. The contract price paid for each (monthly) transmittal of analytical results and field measurements shall be considered as included in the price paid for Operation and Maintenance and shall include full compensation for providing all labor, materials, tools and equipment and no additional compensation will be allowed. Utilities — Information Only Electrical, sewer, storm drain, natural gas, telephone and other related monthly utility charges that may be applicable to the operation of the GWE and SVE units will be paid directly by the City. Granular Activated Carbon (GAC) (Liquid Phase) / Granular Activated Carbon (Vapor Phase) The Contractor shall provide a price per pound for GAC for both the liquid phase and vapor phase treatment units. Typically, the liquid phase change out of spent carbon will be for one (1) 2,000 pound vessel (Church & Tokay site) and the vapor phase will be for one (1) 8,000 pound vessel at a time. Several "change outs" may be required in the first year. The contract price paid per pound for GAC (liquid phase) and GAC (vapor phase) shall include all labor, materials, tools, equipment, replacement carbon (GAC), documentation of and proper disposal of or regeneration of spent carbon, transportation to change out spent carbon, and supply new or regenerated GAC matching the specifications of the engineer and no additional compensation will be allowed. Non -Routine Maintenance and Repairs Non -routine maintenance shall be defined as mechanical, electrical or site repairs that are not covered by items or sections in the M&O Manual. The Contractor shall provide to the City, on an approved call out basis, appropriately trained craftsmen to assess the repairs required, determine the most advantageous method to complete the work, and then report back to the Contractor and the City for approval and direction. There are no minimum hours on call outs, and billable hours are only hours on the job and do not include travel time as billable hours. Central Plume Year 8 OM 2018_ExA doc 2 07/03/18 The amount paid shall be equal to the prevailing wage rate for the category of labor, burden, direct cost of parts and/or materials used, sales tax; and a total 15% markup. The 40 hours labor charge and $100,000 material cost shown on the proposal are estimated amount and contractor will be paid by the actual work billed. The contract price paid (per hour) for non -routine maintenance and repairs shall include full compensation for furnishing all labor, tools, and equipment required to assess the needed repairs, make the repairs, if possible, and or record a course of action for repairs, and no further compensation will be allowed. Waste Disposal (Knockout Drum Water) The contract price paid per gallon for disposal of knockout drum water shall include full compensation for collection, transportation, documentation and proper disposal of water accumulated in the 500 -gallon knockout storage drum as detailed in the M&O Manual and as required by the operator of the treatment system, and no additional compensation will be allowed. GAC Vapor Sampling and Testing by TO15 The Contractor shall provide all labor, materials, tools and equipment to gather, package, transport, analyze, properly dispose of, and provide report of results for each vapor sample. The samples shall be tested as per method TO15 at an approved laboratory. Site 1 only 4 samples per month, to be taken during one of the bi-monthly visit The number of samples is an estimate and may change, including re -sample as required by the engineer or other controlling agencies. The contract price paid per sample shall be considered as included in the price paid for Operation and Maintenance and shall include full compensation for performing the work as described above and no additional compensation will be allowed. Subcontractor List Operations, Maintenance, Sampling and Reporting: WGR Southwest, Inc. 11780 N Hwy. 99 Lodi, CA 95240 Granular Activated Carbon Baker Corp 2700 California Avenue Pittsburg, CA 94565 Central Plume Year 8 OM 2018 ExA doc 3 07/03/18 Exhibit B Central Plume Year 8 2018 Diede Construction Inc ..,... .., Descriptio ri'd 1 Insurance 1 LS $ 12,605.00 $ 12,605.00 2 Site 1 (Church & Oak) Operation and Maintenance 12 MONTH $ 2,838.00 $ 34,056.00 3 Site 2 (Church * Tokay) Operation and Maintenance 12 MONTH $ 2,037.00 $ 24,444.00 4 Site 1 Sample Analysis 108 SAMPLE $ 273.00 $ 29,484.00 5 Site 2 Sample Analysis 40 SAMPLE $ 267.00 $ 10,680.00 6 Site 1 Reporting 12 MONTH $ 960.00 $ 11,520.00 7 Site 2 Reporting 12 MONTH $ 960.00 $ 11,520.00 8 Non -Routine Service (Labor Only) 40 HR $ 190.00 $ 7,600.00 9 Non -Routine Service (Material), Estimated Allowance 1 ALLOW $ 100,000.00 $ 100,000.00 10 Site 1 Granular Activated Carbon 8000 LBS $ 4.78 $ 38,240.00 11 Site 2 Granular Activated Carbon 2000 LBS $ 4.14 $ 8,280.00 12 Knockout Drum 12 55 GAL Drum $ 975.00 $ 11,700.00 EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Contractor Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aq reoate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3 Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than $5,000,000 per occurrence or claim. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) 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. (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 under the Contractors commercial general liability and automobile liability policies. (e) 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. Page 1 1 of 2 pages 1 Risk: rev. 3/1/2018 (f) 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. 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.). (g) 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 name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any 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. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Q) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (I) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) 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. Page 21 of 2 pages 1 Risk: rev. 3/1/2018 RESOLUTION NO. 2018-143 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DIEDE CONSTRUCTION, INC., OF WOODBRIDGE, FOR OPERATIONS AND MAINTENANCE SERVICES OF THE CENTRAL PLUME PCE/TCE REMEDIAL SITES; AND FURTHER APPROPRIATING FUNDS WHEREAS, the City currently has two Central Plume TCE/PCE treatment systems. Site No. 1 is located at 211 West Oak Street (in the alley between Pine Street and Oak Street) and Site No. 2 is located at 531 South Church Street (near the intersection of Church Street and Tokay Street); and WHEREAS, Diede Construction, Inc., installed the Site No. 1 treatment system and has been under contract with the City since 2011 to operate, perform maintenance, perform monthly groundwater sampling, replace spent GAC in the treatment units, and perform other related duties as specified in the service agreement for Site No. 1; and WHEREAS, Site No. 2 is currently under construction and is expected to be completed in August of this year; and WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with Diede Construction, Inc., of Woodbridge, for operations and maintenance services of the Central Plume PCE/TCE Remedial Sites, in the amount of $300,129; and WHEREAS, staff also recommends that the City Council appropriate funds in the amount of $300,129, from the fund balance of Central Plume Settlement Funds (59099000.77020) for Fiscal Year 2018/19. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Diede Construction, Inc., of Woodbridge, California, for operations and maintenance services of the Central Plume PCE/TCE Remedial Sites, in the amount of $300,129; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize an appropriation for the operations and maintenance services of the Central Plume PCE/TCE Remedial Sites, in the amount of $300,129, as set forth above. Dated: August 1, 2018 I hereby certify that Resolution No. 2018-143 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 1, 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 1.\(\,?Ce-AA/L4.4 J, NNIFE'r . FERRAIOLO City Clerk 2018-143 CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE Diede Construction, Inc. P.O. Box 1007 Woodbridge, CA 95259 Attn: Paul Bickford CITY OF LODI 2015 "Wine Region of the Year" 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 www.lodi,pov July 27, 2018 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Diede Construction, Inc., of Woodbridge, for Operations and Maintenance Services of the Central Plume PCE/TCE Remedial Sites ($300,129), and Appropriating Funds ($300,129) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, August 1, 2018. 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 Lyman Chang at (209) 333- 670 Cha les E. Swimley, Jr. P . is Works Director CES/tdb Enclosure cc: City Clerk