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HomeMy WebLinkAboutAgenda Report - February 19, 2020 C-05AGENDA ITEM Cm5 h. CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Valley Iron Works, Inc. for Repairs and Replacement of Damaged Metal Railings and Gates at Lodi Lake Park Property ($19,737) MEETING DATE: February 19, 2019 PREPARED BY: Parks, Recreation and Cultural Services Interim Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to Professional Services Agreement with Valley Iron Works, Inc. for repairs and replacement of damaged metal railings and gates at Lodi Lake Park property ($19,737). BACKGROUND INFORMATION: On Sunday, January 26, 2020, due to an automobile accident, a number of fabricated items at the Lodi Lake Park property were damaged (Exhibit A). The vehicle drove over the east half of the arched gate frame and support post at Loma Drive and Turner Road. From here, he continued across the beach house parking lot heading north into the Discovery Center patio damaging picnic tables, umbrella stands, custom fabricated guard and hand railings. The damaged ironwork items were fabricated and installed in 2009 as part of the Lodi Lake Discovery Center and Boat House improvements. Currently, Parks, Recreation and Cultural Services (PRCS), has an existing Professional Services Agreement with Valley Iron Works which includes all of the insurance and bonding requirements. The cost of the repairs will be $19,737 and will be paid out of the General Liability Fund. The City's Risk Manager will make a claim against the driver's insurance carrier for recovery. Staff requests that City Council authorize City Manager to execute Amendment No. 1 with Valley Iron Works, Inc. in the amount of $19,737. FISCAL IMPACT: The proposed cost of the repairs is $19,737. FUNDING AVAILABLE: General Liability 66025000.72399 t f� Andrew Keys Deputy City Manager/Internal Services Director CD: MM\tl cc: City Attorney Me) /LL Cathi DeGroo Interim Parks, Recreation, and Cultural Services Director APPROVED: Stephen Schwababer,,gity Manager Jai 1 i •� �. 7r yr -.� i -. - r., Oman I� #!!!!!i!!!!M wommommummump t Up not N Mid fl ! AWAW AV OF v TA 1 4 1JAN AW MM Am's all, --- fir.. - ��• �N��►L• � �. _ Ar - - err,. »�_ - � � ■ � � � 1� -y Lit-, � ll I low _4 r .i = -.r r' .. .. _ x ;� r, .► i tt --�+ r � y �� • . Wil` Or- Ile f , ow 469* - r 1 � r � a/.�� 1.►- # ��i w rte' � A r � r � i — -- --�� ----F - ---- -- AMENDMENT NO. 1 VALLEY IRON WORKS, INC., a California corporation PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of 2020, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and VALLEY IRON WORKS, INC., a California corporation (hereinafter "CONTRACTOR"). W I T N E S S E T WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on September 10, 2018, as set forth in Exhibit 1, attached hereto and made part of; and 2. WHEREAS, CITY is requesting to amend the Agreement and increase the fees by an amount not to exceed $19,737, for a total not to exceed amount of $29,737, for labor and material costs to repair damages, and where necessary replace, a metal gate frame, metal posts, and fabricated guard railings at Lodi Lake, resulting from an automobile accident, as more fully set forth in Exhibit 2, and 3. WHEREAS, CONTRACTOR agrees to said amendment. NOW, THEREFORE, the parties agree to amend 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, corporation, hereinabove called "CITY" STEPHEN SCHWABAUER City Manager Attest: PAMELA M. FARRIS, Assistant City Clerk Approved as to Form: JANICE D. MAGDICH, City Attorney VALLEY IRON WORKS, INC., a California hereinabove called "CONTRACTOR" JOHN TRAXLER Title: Project Manager Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on-'17ep Ib, 2018, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and VALLEY IRON WORKS, 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 work consisting of repairs to existing metal gates, hand railings, guard railings, bleachers, and other metal fabrications. Other potential work may consist of new fabrication that causes metal to be permanently attached/joined by the use of gases and electrical energy which creates temperatures of sufficient heat to bond metal together, along with related welding issues at park facilities (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. 1 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 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Mees 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 JULY 1, 2018 and terminates upon the completion of the Scope of Services or on JUNE 30, 2020, whichever occurs first. Section 2.7 Option to Extend Terns of Agreement At its option, City may extend the terms of this Agreement for an additional one 2 (1) one (1) -year extension; 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 three (3) years. 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 3 The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.6 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be 4 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. 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 5 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: Jeff Hood To CONTRACTOR: Valley Iron Works, Inc. 127 E. Harney Lane Lodi, CA 95240 Attn: Jon Traxler Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services, Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential' or "Proprietary", except to the extent otherwise required by law or permitted in writing by 6 CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law Jurisdiction Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. 7 Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. 8 ATTEST: lyIFER FERRAIOLO Clerk CITY OF LODI, a municipal corporation STEPHEN SCHWAHAIAR City Manager APPROVED AS TO FORM: VALLEY IRON WORKS, INC., a California JANICE D. MAGDICH, City Attorney corporation _ sy� Na N i i�A?CL _ R Title: PROJECT MANAGER Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 20072202.72499 (Business Unit & Account No.) Doc ID: CA:Rev.01.2015 9 EXHIBIT A SCOPE OF SERVICES Work will consist of repairs to existing metal gates, hand railings, guard railings, bleachers, and other metal fabrications. Other potential work may consist of new fabrication that causes metal to be permanently attached/joined by the use of gases and electrical energy which creates temperatures of sufficient heat to bond metal together, along with related welding issues at park facilities. EXHIBIT B FEE PROPOSAL Valley Iron Works, Inc. will furnish material, labor and tax per the attached quote with a not to exceed amount of $10,000. EXHIBIT C NOTE: Tho City of Lodi Is now using the online Insurance program PiNS Advantage. Once you have been awarded a contractyou will receive an email from the City's online Insurance program requesfing you to forward the email to your Insurance prov/der(s) to submit the required Insurance documentation alectmnlcally Insurance Renodramentg fort;anstr—fion.ControGts. 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 a in conneoVon 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 Foran 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 $2,000,060 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 aggregate limlf 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- �dwned autos with limit no less than $2,000,000 per accident for bodily injury and oroperty damage. 3. Workers' Compensation: as required by the Stale of Caltfontia, 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. Builder's Risk (Course of Construction) Insurance utilizing an "All Risk" (Spacial Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, 5. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim. Other his uranre Provision$: (a) Additional NarrieO Insured gtatsts 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 t0, CG 20 26, CG 20 33, or CG 20 38, iW CG 20 37 if a later edition Is used (b) Prima a tid N n- nrri aria In r n e Fndo erten 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 180 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 contfibute with it. (c) Waivrlr of Suhrociation 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 Ledl by virtue of the payment of any loss under auch insurance. Contractor agrees to obtain any endarsement 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 subrogatlon endorsement from the insurer NOTE: (1) The street address of the J;JTY OF LQQI ust be shown along with (a) and (b) and (c) above: 221 Wast Plne Street, Lodi, California, 95240; (2) The insurance cartifloate must state, on its face or as an endorsement, a description of the pT&Q� that it is insuring, (d) Sqv rabil' y_of iltlgre$t Claus- The term "insured" is used severally and not collectively, but the inclusion heroin 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. Page 1 I of 2 pages I Risk: rev. 3/1/2018 (e) N olica of 0 ancelain or Ch a n e In C 3vera a Ead!2Lsg al o n 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. (T) n in i r ov ra Al policies shalt be in effect an 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 shatI fumish a certificate(s) showing that a new or extended policy has bean obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance an at least an annual basis during the Term, If Contractor's insurance laps as or Is discontinued for any reason, Cantractor shall immediately notify the City and immedlate ly 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 at seq.). (g) F g re t Corn i 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. T h a City shall notify Contractor of such payment of premiums within thirty (3 0) days Of payment stating the amount paid, the names) of the Insurer(s), and rate of interest. Contractor shall pay such reimbursement and Interest on the first (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 properly from the site or facilities. (h) Yerificatl_on of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certiilcates 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 Mquire 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) Setf-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 wlihin 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 Limi The limits of Insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractors 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) Suildges Rik (Course 9fConstruction) n rg_ance Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, fnstallation, and testing at the City's site. (I) c n c 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 (m) Qualified 10surerfsl 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 Ilst of California eligible surplus lines insurers (LESL I list) and otherwise maet City requirements, Page 2 of 2 pages_.._y..�,.... _._......__... __..._ _ _ Risk: rev, 3/112018 PARKS, RECREATION, AND CULTURAL SERVICES To: Prospective Bidder MEMORANDUM From: Steve Virrey, Parks Project Coordinator Date: 2018 Subject: Requirements to Award Successful Quote All bidders must abide by the Contractor Registration Law (SB 854) Go to http/lwww.dir.ca.govlPublic-Works/PublicWorks.html for more information Please fill in the blanks and include any additional costs in your quote to "obtain" these 4 items below as they will be required once the Successful Quote is awarded and before any work can be begin: Company Narrre: coo Dater Address: �,rCl`r� Contractor's License No.:Sy� Labor Rate:� ^ Overtime Rater Parts and materials plus: Truck charge: � p��,a � +,�,� �qZ (Must be prevailing wages) _ % Markup Call out minimum: _ (hours) Other: (be specific) 1. Insurance requirements per the attached exhibit. 2. Workers' Compensation insurance coverage. 3. City of Lodi business license, 4. W-9 form per cuxr 1h�t I e ire Customer's Signatur Title: If you have any question please contact me. Steve Virrey Parks Project Coordinator City of Lodi- Parks Division 125 N. Stockton Street Lodi, CA 95240 209-333-6800 Ext. 2653 k ;� QUOTE SUMMARY V COMPANY: LValley Iron Works, Inc. on yallm ironworks.c PHONE NO.:(209)368-7037 UOM DESCRIPTION License 654179 Work would consist of repairs to existing metal gates, hand railings, guard railings, bleachers, and other metal fabrications. Other potential work may consist of new fabrication that causes metal to be permanently attached/joined by the use of gases and electrical energy which creates temperatures of sufficient heat to bond metal together. along with related welding issues at park facilities. Labor rate: $150.00/hour Overtime rate: $175.00/hour Parts and materials plus % markup: 35% 1 Truck charge: Included Call out minimum: 2 hours Other: SUBTOTAL:' 7.75% SALES TAX: FREIGHT: GRAND TOTAL: Date: June 12, 2018 3 Quote: Meehlels Modular Buildings Jim Lusk Welding Co. cnris meehieis_corn 5089 E. Woodbridge Road, Acarnpo CA 95220 (209)334-4837 (209)368-7846 473488 10/$1501 in for contracts in :cess of $1,000 u for contracts ;cess of $1.000 15% $300 2 hours SIGNATURE: DATE: Exhibit 2 (1 of 2) IRON WORKS- 127E. ORKS-127E. HARNEYLANE STRUCTURAL STEEL FABRICATION PH. 209-368-7037 LODI, CA 95240 ORNAMENTAL IRON FAX. 209-368-2488 DIR # 1000000446 Contractors License # 654179 SBE # 52872 DATE: FEBRUARY 3, 2020 CUSTOMER: CITY OF LODI PARKS DEPARTMENT ATTN: STEVE VIRREY PROJECT: RAILS AND GATE AT LODI LAKE BOAT DOCK WE PROPOSE ONLY THE FOLLOWING ITEMS: SUPPLY AND INSTALL: REPLACEMENT RAILING SIMILAR TO DAMAGED RAIL USING THE SAME SIZES AND TYPES OF MATERIALS AND ANCHORAGE AS PREVIOUSLY USED WITH BLACK AND HUNTER GREEN POWDER COAT FINISHES. REPLACEMENT GATE AT EXIT SIMILAR TO EXISTING USING THE SAME SIZES AND TYPES OF MATERIALS AS PREVIOUSLY USED WITH BLACK POWDER COAT FINISH (POST TO BE SET BY OTHERS) MATERIALS - $5,705.00 SHOP LABORS - $4,190.00 FIELD LABOR - $6,925.00 TOTAL $16,820.00 (TAXES INCLUDED) TERMS & CONDITIONS: 1) GUARD RAILING AND GATE TO BE POWDER COATED BLACK. HAND RAILING TO BE POWDER COATED HUNTER GREEN. Z) FIELD WELDS AND ABRASIONS TO BE TOUCHED UP WITH URETHANE PAINT TO MATCH. NEW RAILINGS WILL NOT MATCH WEATHERED RAILINGS THAT ARE EXISTING, BUT WILL FADE SIMILARLY WITH TIME. EXCLUSIONS: 1) ANY WORK. ANTUIE M T f TED A V 2) ANY MATERIAL ON CIVIL, MECHANICAL, PLUMBING, ELECTRICAL, AND LANDSCAPING (UNLESS NOTED ABOVE). 3) COST OF PERFORMANCE BONDS, PAYMENT BONDS, AND ANY PERMITS. 4) RELATED TO ENGINEERING, TESTING AND INSPECTIONS, INCLUDING BUT NOT LIMITED TO TEST REPORTS. WE APPRECIATE THE OPPORTUNITY TO PROVIDE YOUR COMPANY THIS PROPOSAL. SHOULD WE BE AWARDED THIS PROJECT, PLEASE REFER TO PROPOSAL AS EXHIBIT (A) IN CONTRACT DOCUMENTS, BY: z � A fra Al 77 JC]Nt TRAXLER ESTIMATOR ACCEPTED BY: TITLE: DATE: e Exhibit 2 IRONH 2of2 1 140� f WOR KS QL2_ 127 E. HARNEY LANE STRUCTURAL STEEL FABRICATION PH. 209-368-7037 L ODI, CA 95240 ORNAMENTAL IRON FAX, 209-368-2488 DIR # 1000000446 Contractors License # 654179 SBE # 52872 DATE: FEBRUARY 3, 2020 CUSTOMER: CITY OF LODI PARKS DEPARTMENT ATTN: STEVE VIRREY PROJECT: RAIL AT MILLS AND TURNER WE PROPOSE ONLY THE FOLLOWING ITEMS: SUPPLY AND INSTALL: REPLACEMENT RAILING SIMILAR TO DAMAGED RAIL USING THE SAME SIZES AND TYPES OF MATERIALS AND ANCHORAGE AS PREVIOUSLY USED WITH BLACK POWDER COAT FINISH MATERIALS - $871.00 SHOP LABORS - $1,353.00 FIELD LABOR - $693.00 TOTAL $2,917.00 (TAXES INCLUDED) TERMS & CONDITIONS: 1) RAILING TO BE POWDER COATED BLACK. EXCLUSIONS: 1) ANY WOM, QUANTITIES OR MATERIALS NOIED ABOVE. 2) ANY MATERIAL ON CIVIL, MECHANICAL, PLUMBING, ELECTRICAL, AND LANDSCAPING UNLESS NOTED ABOVE). 3) COST OF PERFORMANCE BONDS, PAYMENT BONDS, AND ANY PERMITS. 4) RELATED TO ENGINEERING, TESTING AND INSPECTIONS, INCLUDING BUT NOT LIMITED TO TEST REPORTS. WE APPRECIATE THE OPPORTUNITY TO PROVIDE YOUR COMPANY THIS PROPOSAL. SHOULD WE BE AWARDED THIS PROJECT, PLEASE REFER TO P�90."SAL AS EXHIBIT (A) IN CONTRACT DOCUMENTS. BY: C. TRAXLER ESTIMATOR ACCEPTED BY: , TITLE: DATE: C -s AMENDMENT NO. 1 VALLEY IRON WORKS, INC., a California corporation PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of 2020, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and VALLEY IRON WORKS, INC., a California corporation (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on September 10, 2018, as set forth in Exhibit 1, attached hereto and made part of; and 2. WHEREAS, CITY is requesting to amend the Agreement and increase the fees by an amount not to exceed $19,737, for a total not to exceed amount of $29,737, for labor and material costs to repair damages, and where necessary replace, a metal gate frame, metal posts, and fabricated guard railings at Lodi Lake, resulting from an automobile accident, as more fully set forth in Exhibit 2, and 3. WHEREAS, CONTRACTOR agrees to said amendment. NOW, THEREFORE, the parties agree to amend 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, VALLEY IRON WORKS, INC., a California corporation, hereinabove called "CITY" hereinabove called "CONTRACTOR" STEPHEN SCHWABAUER City Manager Attest: PAMELA M. FARRIS, Assistant City Clerk Approved as to Form: JANICE D. MAGDICH, City Attorney J.QUTRAXLER Title: Project Manager RESOLUTION NO. 2020-31 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH VALLEY IRON WORKS, INC., OF LODI, FOR REPAIR OF DAMAGES TO METAL RAILINGS AND GATES AT LODI LAKE PARK PROPERTY ------------------------------------------------------------------------ ------------------------------------------------------------------------ WHEREAS, on Sunday, January 26, 2020, an automobile accident damaged a number of fabricated items at the Lodi Lake park property; and WHEREAS, the damaged ironwork items were fabricated and installed in 2009 as part of the Lodi Lake Discovery Center and Boat House improvements; and WHEREAS, Parks, Recreation and Cultural Services is requesting to amend the existing Professional Services Agreement with Valley Iron Works, Inc., to make needed repairs to the metal railings and gates damaged in the accident; and WHEREAS, the total cost of the repairs is $19,737 and will be paid out of the General Liability Fund, with City Risk Management seeking recovery from the driver's insurance carrier. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 [inadvertently referenced as Amendment No. 1 in the agenda and staff report] to the Professional Services Agreement with Valley Iron Works, Inc., of Lodi, California, for repair of damages at Lodi Lake Park, in the amount of $19,737; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: February 19, 2020 hereby certify that Resolution No. 2020-31 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 19, 2020, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson and Mounce ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Assistant City Clerk 2020-31