HomeMy WebLinkAboutAgenda Report - July 20, 2022 C-10r� CITY OF AGENDA ITEM e7/0
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CALIFORNIA
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Five -Year Professional Services
Agreement with Altec Industries, Inc. of Dixon for Regulatory Required Maintenance,
Testing, and Repair of Electric Utility Vehicles and Equipment ($175,000)
MEETING DATE: July 20, 2022
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a five-year
Professional Services Agreement with Altec Industries, Inc. of Dixon for
regulatory required maintenance, testing, and repair of Electric Utility
vehicles and equipment in an amount not -to -exceed $175,000.
BACKGROUND INFORMATION: In 2016, the City Council approved a five-year agreement with Altec
Industries, Inc. (Altec) to provide maintenance, testing, and repair
services on Altec equipped vehicles and equipment.
The services provided by Altec are those which require expertise beyond the routine maintenance and repairs
provided by the City's Fleet Services Division. The agreement with Altec was extended one additional year
beyond the original term and expired on June 30, 2022.
The proposed agreement for City Council consideration will be a successor to the expired agreement that will
ensure the ongoing readiness of the Electric Utility (EU) fleet to respond to both routine and emergency work.
EU utilizes a specialized fleet of vehicles and equipment for the purpose of building, constructing, and
maintaining overhead and underground electrical lines. These fleet units are up -fitted with Altec mechanical
and electronic systems that require specialized training to troubleshoot, repair, and maintain. Further, federal
and state regulatory mandates require a battery of tests by certified technicians to ensure worker safety while
operating in an energized environment, all of which were services provided by Altec during the term of the
now -expired agreement.
In addition to the specialized services Altec provides to EU, the City's Fleet Services Division relies upon Altec
as the authorized vendor for parts, materials, and services outside their expertise or licensing.
Therefore, in accordance with Lodi Municipal Code Section 3.20.070 which allows the bid process to be
waived when there is a need for branded replacement parts for equipment and when technical requirements
preclude competitive bidding, staff recommend approval of a five-year agreement with Altec as outlined above
for EU fleet maintenance, testing and repair services.
APPROVED. Steve schwabauer
Stephen Schwabauer, City Manager
Adopt Resolution Authorizing City Manager to Execute Five -Year Professional Services Agreement with Altec Industries, Inc. of Dixon for Regulatory
Required Maintenance. Testing, and Repair of Electric Utility Vehicles and Equipment ($175,000)
July 20, 2022
Page 2
FISCAL IMPACT: Not to exceed $175,000 over five years.
FUNDING AVAILABLE: Account No. 50064100.72450. Funding for future years will be allocated as part
of the annual budget planning process.
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
79,
I IIfo 411,1 n•i 1111,r liar [i ! e •t [ r, hi.
Jeff Berkheimer
Electric Utility Director
Signature: Q ,I J xqn
Email: akeys@lodi.gov
Signature:
Email: sschwabauer@lodi.gov
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2022, by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Altec Industries,
Inc., an Alabama corporation qualified to do business in California (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 fleet services
(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
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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 July 1, 2022 and terminates upon the
completion of the Scope of Services or on June 30, 2027, whichever occurs first.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
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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 Res onsibili 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 Liabilitv
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
4
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Re uirements 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: Electric Utility Director
To CONTRACTOR: Altec Industries, Inc.
Attn: John Denny, Service Manager
325 Industrial Way
Dixon, CA 95620
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
5
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
6
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
VA
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.
Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement
may be executed in one or more counterparts, each of which will be deemed to be an
original copy and all of which, when taken together, will be deemed to constitute one and
the same agreement or document, and will be effective when counterparts have been
signed by each of the parties and delivered to the other parties. Each party agrees that
the electronic signatures, whether digital or encrypted, of the parties included in this
Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Delivery of a copy of this Agreement or any other document
contemplated hereby, bearing an original manual or electronic signature by facsimile
transmission (including a facsimile delivered via the Internet), by electronic mail in
"portable document format" (".pdf') or similar format intended to preserve the original
graphic and pictorial appearance of a document, or through the use of electronic
signature software will have the same effect as physical delivery of the paper document
bearing an original signature.
8
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
in
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
ALTEC INDUSTRIES, INC.,
an Alabama corporation
By:
Name: John Denny
Title: Service 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: 50064100.72450
(Business Unit & Account No.)
Doc ID:
CA:Rev.04.2022.LT
9
DocuSign Envelope ID: A9D93AC9-A145-4CAB-9C5A-978EOFDB581D
MEG a Exhibit A/B
Altec Industries Inc.
June 1, 2022
Timothy Combs
Electric Utility Superintendent
City of Lodi
1331 South Ham Lane
Lodi, CA 95242
Dear Tim,
A Itee Industries, Inc. looks forward to the opportunity to continue to serve the aerial needs of the City of Lodi.
Here is the rate sheet and Scope of Services you requested.
W& Price Schedule
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icope of ser -es may be provided at [Iry faclllties or altec faclllsies
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Nof to exceed $31,000 annually.
Please let me know if I may be of further service.
Sincerely,
—pvc�S4prrnQ by.
anets�' U�1GQi�rre II
Service Level Agreement Consultant
5202 East U.S. Highway 36
St. Joseph, MO 64507
Marcus.t rrell altec.com
816-262-9957
Certificate Of Completion
Envelope Id: A9D93AC9A1454CA89C5AB78E0FDI3581 D
Subject: Please DocuSign: Rate and scope letter.docx
Source Envelope:
Document Pages: 1 Signatures: 1
Certificate Pages: 1 Initials: 0
AutoNav: Enabled
Envelopeld Stamping. Enabled
Time Zone: (UTC -06:00) Central Time (US 8. Canada)
Record Tracking
Status: Original
6/1/2022 6:58:57 PM
Signer Events
Marcus Tyrrell
marcus.tyrrell@altoc.com
Service Level Agreement Consultant
Altec Industries Inc.
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Witness Events
Notary Events
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Payment Events
Holder: Marcus Tyrrell
Marcus-Tyrrell@altec.com
Signature
13,ft
fJ�lM:hs ltl f l'M �
Signature Adoption: Pre -selected Style
Signed by link sent to marcus.tyrrell@altec.com
Using IP Address: 206.87-239,180
Signature
Status
Status
Status
Status
Status
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Status
DocuSign
Status: Completed
Envelope Originator:
Marcus Tyrrell
210 Inverness Center Dr
Birmingham, AL 35242
Marcus,Tyrrell@altec.com
IP Address: 208.87 239 180
Location: DocuSign
Timestamp
Sent: 6/1/2022 7:00:20 PM
Viewed: 6/1/2022 7:00:40 PM
Signed: 6/1/2022 7:00:58 PM
Timestamp
Timestamp
Timestamp
Timestamp
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Timestamps
6/1/2022 7:00:20 PM
6/112022 7:00:40 PM
6/1/2022 7:00:58 PM
6/1/2022 7:00:58 PM
Timestamps
RESOLUTION NO. 2022-172
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A FIVE-YEAR PROFESSIONAL SERVICES
AGREEMENT WITH ALTEC INDUSTRIES, INC., OF DIXON, FOR
REGULATORY -REQUIRED MAINTENANCE, TESTING, AND REPAIR OF
ELECTRIC UTILITY VEHICLES AND EQUIPMENT
WHEREAS, in 2016, the City Council approved a five-year agreement with Altec
Industries, Inc. (Altec) to provide maintenance, testing, and repair services on Altec-equipped
vehicles and equipment; and
WHEREAS, the services provided by Altec are those which require expertise beyond the
routine maintenance and repairs provided by the City's Fleet Services Division; and
WHEREAS, the agreement with Altec was extended one additional year beyond the
original term and expired on June 30, 2022; and
WHEREAS, the five-year Professional Services Agreement will be a successor to the
expired agreement that will ensure the ongoing readiness of the Electric Utility (EU) fleet to
respond to both routine and emergency work; and
WHEREAS, EU utilizes a specialized fleet of vehicles and equipment for the purpose of
building, constructing, and maintaining overhead and underground electrical lines and these fleet
units are up -fitted with Altec mechanical and electronic systems that require specialized training
to troubleshoot, repair, and maintain; and
WHEREAS, federal and State regulatory mandates require a battery of tests by certified
technicians to ensure worker safety while operating in an energized environment, all of which
were services provided by Altec during the term of the now -expired agreement; and
WHEREAS, in addition to the specialized services Altec provides to EU, the City's Fleet
Services Division relies upon Altec as the authorized vendor for parts, materials, and services
outside their expertise or licensing; and
WHEREAS, in accordance with Lodi Municipal Code Section 3.20.070 which allows the
bid process to be waived when there is a need for branded replacement parts for equipment and
when technical requirements preclude competitive bidding, staff recommend approval of a five-
year agreement with Altec as outlined above for EU fleet maintenance, testing and repair services.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize
the City Manager to execute a five-year Professional Services Agreement with Altec Industries,
Inc., of Dixon, California, for regulatory -required maintenance, testing, and repair of Electric Utility
vehicles and equipment in an amount not to exceed $175,000; 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: July 20, 2022
I hereby certify that Resolution No. 2022-172 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held July 20, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hothi
ABSTAIN: COUNCIL MEMBERS — None
Gu��
OLIVIA NASHED
City Clerk
2022-172