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HomeMy WebLinkAboutStaff Report 5.E 07/11/2016DATE: July 11, 2015 Agenda Item #5.E TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan St, J SCE — Director, Public Works and Utilities Larry Zimmer, P.E. — Deputy Director, Public Works and Utilities SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services Agreement with ArcSine Engineering for Engineering, Construction Services, and Programming Services for the Solids Handling Upgrades at the Ellis Creek Water Recycling Facility RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Execute a Professional Services Agreement with ArcSine Engineering for Engineering, Construction Services, and Programming Services for the Solids Handling Upgrades at the Ellis Creels Water Recycling Facility. BACKGROUND The City's Ellis Creek Water Recycling Facility (ECWRF) has been in operation since early 2009 and currently processes an average dry weather daily flow of 4.7 MGD (million gallons per day). Generally, the plant has worked well and has consistently achieved compliance with all requirements. However, there are certain components of the treatment facility that must be updated to address current operational demands. The solids handling is the most pressing issue at the ECWRF. The subject services for the Professional Services Agreement will support the electrical design and construction of the new solids handling upgrades project. The Council approved the award of engineering services on June 1, 2015 to design the Solids Handling Upgrades to Carollo Engineers. The scope of the construction project includes adding a second 550,000- gallon anaerobic digester to mirror the existing digester. The second digester will provide a buffer to the 15 -day solids detention time permit criteria where current operation hovers at 16 to 18 days and will allow modification of the activated sludge process to reduce oxygen demand and improve aeration. Additional upgrades include a second gravity belt thickener, third thickened waste pump, and related piping, controls, and heating equipment. Additionally, the project includes replacement of the existing dewatered sludge conveyance system and the addition of a truck scale for biosolids hauling. The Solids project was bid on June 1 and the award to the contractor is concurrent with this resolution on July 11, 2016. The subject award will complement the engineering services in the area of electrical and instrumentation engineering and controls programming. DISCUSSION The purpose of this agreement is to authorize ArcSine Engineering to provide construction electrical engineering services and programming for the solids handling upgrades. The project is scheduled to begin construction in August 2017. The City will provide the construction manager and inspectors for the project, but requires construction electrical engineering support from ArcSine Engineering. They are the project's electrical and instrumentation designer working with the project designer, Carollo Engineers. The Scope of Work for the Solids Upgrades services includes the following tasks: • Review of submittals, Requests for Information, and Change Orders • Review of signal interfaces and installation as shown in the contract documents • Review conformance of the plans to Plant standards and conventions • Participation in Construction Progress Meetings • Preparation of As- Constructed Drawings • Preparation of revisions to Standard Operating Procedures manuals • Site Observation and Inspections • Startup, Training, and Testing Assistance • Final Walkthrough and Punchlist • Programmable Logic Controller (PLC) Programming, including programming and related activities to integrate the new equipment's programmed controls with the plant control system • Arc -Flash Study The estimated fees for professional services for the above tasks are $154,563. Because the control functions of the solids handling project must be integrated with the overall controls of the plant, it is imperative that the professional electrical engineering services firm have comprehensive knowledge and experience with the entire system to perform effectively the requisite services. ArcSine Engineering has been the electrical engineering and instrumentation and controls programming specialists at ECWRF since its inception. Their staff is completely familiar with all relevant aspects of the facility and can provide construction phase services with efficiency and accuracy. It is recommended that the City accept the proposal from ArcSine for Electrical and Instrumentation Construction Support and System Programming based on their direct knowledge and experience with the ECWRF and their proven record of high quality work and timely completion of prior assignments related to the facility. The proposed action meets Council Goals: "Plan for and implement priority capital projects as funding permits" and, "Attract and retain businesses in Petaluma to enhance the tax base, jobs, and quality of life of the community." FINANCIAL IMPACTS The total 2016/17 CIP budget for the Solids Handling Upgrades project (C66501305) is $13,585,000 including the services described herein. ATTACHMENTS 1. Resolution 2. Professional Services Agreement 3. Location Map Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT WITH ARCSINE ENGINEERING FOR ENGINEERING, CONSTRUCTION SERVICES, AND PROGRAMMING SERVICES FOR THE SOLIDS HANDLING UPGRADES AT THE ELLIS CREEK WATER RECYCLING FACILITY WHEREAS, the City of Petaluma wishes to upgrade the Ellis Creek Water Recycling Facility to upgrade the solids handling facilities; and WHEREAS, this project requires the services of a quality professional engineering firm familiar with the project and experienced in design and construction of complex biological and chemical systems of wastewater treatment facilities and their components; and WHEREAS, the City has determined that construction support from the electrical and instrumentation designer, ArcSine Engineering, is required for the timely and effectual completion of the installation of the solids handling equipment; and WHEREAS, Carollo Engineers responded to the City's Request for Proposals and was chosen based on their proposal, reputation, and experience in design of municipal waste water treatment facilities; and WHEREAS, ArcSine Engineering has significant knowledge and expertise in all areas of electrical and instrumentation control for the ECWRF facility and City sewage pump stations; and WHEREAS, staff recommends the City execute a Professional Services Agreement with ArcSine Engineering for engineering, construction services, and programming services for the Solids Handling Upgrades at the Ellis Creek Water Recycling Facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby authorizes the City Manager to execute a Professional Services Agreement with ArcSine Engineering for Engineering, Construction Services, and Programming Services for the Ellis Creek Water Recycling Facility in an amount not to exceed $154,563. 4 Exhibit A PROFESSIONAL SERVICES AGREEMENT SOLIDS PROCESS UPGRADES - PROJECT DESIGN CONSTRUCTION SUPPORT AND PROGRAMMING (Title of Project) FY Fund # Cost Center Object Code Project # Amount $ For multi -year contracts or contracts with multiple accounts: FY 15 -16 Fund # 6600 Cost Center 66500 Object Code 54140 Project # C66501305 Amount $7,500 FY 16 -17 Fund# 6600 Cost Center 66500 Object Code 54140 Project# C66501305 Amount $122,000 FY 17 -18 Fund # 6600 Cost Center 66500 Object Code 54140 Project # C66501305 Amount $25,063 FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into and effective as of , 20 ( "Effective Date "), by and between the City of Petaluma, a city use on y municipal corporation and a charter city ( "City ") and ArcSine En ineering, a California Corporation ( "Consultant ") (collectively, the "Parties "). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: Services. Consultant shall provide the services as described in and in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein ( "Services "). 2. Compensation; Business Tax Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant in accordance with the rates specified in Exhibit A. B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A, only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed $154,563 without prior written authorization of the City Manager. Further, no compensation for a section or work program component attached with a specific budget shall be exceeded without prior written authorization of the City Manager. D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department a current W--9 form available from the IRS website (www.irs.gov) and has obtained a currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 5 E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date, and terminates on June 30, 2018, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon ten (10) days' written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant or Consultant's banlu -uptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by City, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. 5. Consultant's Representation; Independent Contractor. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for fiunishing Services pursuant to this Agreement. City shall furnish to Consultant no facilities or equipment, unless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain That the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to 2 PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 6 inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. 10, Progress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11, Confidentiality. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. Certain Consultants are subject to the requirements, including the disclosure and reporting requirements, of the City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such Consultants subject to the City's Conflict of Interest Code include those whose work may involve: malting government decisions regarding approval or adoption of rates, rules, or regulations, action on permits or other applications, authorization to enter into or modify contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply fully with all such requirements to the extent they apply to Consultant's performance of the Services. 13, Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 14. Standard of Performance. Consultant shall perform all the Services in a manner consistent with the standards of Consultant's profession. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assignment /Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such subcontractors shall be required to comply, to the fall extent applicable, with PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 7 the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Compliance With All Laws. Consultant shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder, including but not limited to, the California Building Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws and regulations related to any copyright, patent, trademark or other intellectual property right involved in performance of the Services. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the Services hereunder shall constitute a material breach of this Agreement. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 18. Living Waae Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance "), as the same may be amended from time to time. Upon the City's request Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of the Living Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this Agreement, notify each of its affected employees as to the amount of wages and time off that are required to be provided to them pursuant to the Living Wage Ordinance. The Acknowledgement and Certification Pursuant to City of Petaluma Living Wage Ordinance, attached to this Agreement as Exhibit C, shall be a part of this Agreement for all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as determined by the City, must provide a properly completed Exhibit C in accordance with the requirements of the Living Wage Ordinance. Consultant's noncompliance with the applicable requirements of the Living Wage Ordinance shall constitute cause for City's termination of this Agreement pursuant to Section 4 hereof. 19. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 8 (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first -class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Phone: (707) 778 -4360 Fax: (707) 778 -4554 Email: cityclerk @ci.petaluma.ca.us And: Dan St. John, F. AS CE Director, Public Works & Utilities 202 N. McDowell Blvd. Petaluma CA 94954 Phone: ,(707) 778 -4546 Fax: (707) 776 -3746 Email: kcarothers @i.petaluma.ca.us Consultant: Doug McHaney ArcSine En ing eering 950 Executive Way Redding, CA 96002 Phone: ,(530) 222 -7204 Fax: (530) 222 -7210 Email: dmehaneygare- sine.com 21. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 22. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the City, (which acceptance will not be unreasonably withheld), and hold harmless City and its officers, officials, employees, agents and volunteers ( "hidemnitees ") from and against any and all alleged liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability ") of every nature, whether actual, alleged or threatened, arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement, regardless of any fault or alleged fault of the lndemnitees. PROFESSIONAL SERVICES AGREEMENT (609321) August 2015 9 The Consultant's obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Consultant's inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within 30 calendar days to any tender for defense and indemnity by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Consultant under this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs first. In the event that the City must file responsive documents in a matter tendered to Consultant prior to Consultant's acceptance of tender, Consultant agrees to fully reimburse all costs, including but not limited to attorney's fees and costs and fees of litigation, incurred by the City in filing such responsive documents.. The Consultant waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Consultant arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement. The Consultant's responsibility of such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. Notwithstanding the foregoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, Consultant's duty to indemnify under this provision shall not apply when to do so would be prohibited by California Civil Code Section 2782, as may be amended from time to time. Notwithstanding the foregoing, to the extent that the Services include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8. 23. Insurance. Consultant shall comply with the "hisurance Requirements for Consultants" in Exhibit B -2 attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., "B-1, " "B-2, " `B -3, " or `B -4. "] 24. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and customary fee. PROFESSIONAL SERVICES AGREEMENT (609321) August 201510 26. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 28. Non - Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 29. Severability. if any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 32. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above - nailed officers, require that custody of the records be given to the City and that the records and PROFESSIONAL SERVICES AGREEMENT (60932 1) August 201511 documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. 33. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 34. Survival. All obligations arising prior to the termination or expiration of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination or expiration of this Agreement. 35. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: . City Attorney APPROVED: Department Director APPROVED: Risk Manager APPROVED: Finance Director CONSULTANT By Fame 12E;� I OED Title '5'So Address 12CDD/A) ti eA 9G dv;.., City State .zip Taxpayer I.D. Number L ' bft0 y /4161 Petaluma Business Tax Certificate Number PROFESSIONAL SERVICES AGREEMENT (609321) August 201512 � ,l i t A CITY OF PETALUMA, CALIFORNIA SOLIDS PROCESS UPGRADES PROJECT DESIGN /CONSTRUCTION SUPPORT AND PROGRAMMING SERVICES SCOPE OF WORK XM1602002 April 12, 2016 Introduction: Carollo Engineers is under contract to perform design for solids process upgrades at the Water Recycling Facility (WRF). This Scope of Work covers the work required to review the design submittals, perform programming on the City's behalf, and perform construction observation for electrical and mechanical installations. Task 1 — Design Review Support 1.1 Review existing installation, signal interfaces, and approaches. The purpose is to summarize for in -house use the interface characteristics which need to be reflected in the Contract Documents. 1.2 Provide review of Carollo's 90 %, and 100% design submittals for the Solids Process Upgrades Project. Submit review comments for each submittal by marking up drawings /specs and /or providing comments in a Word document. 1.3 Provide Scope - related specification inserts to clarify the Contractor's role associated with City- furnished programming. Also, contribute to sequencing and constraints requirements, to ensure that prerequisites and acceptable downtimes are accounted for. 1.4 Review conformance to existing Plant standards and conventions: A. Tagnaming standards. B. PLC -to -PLC communications standards. C. HMI screen color conventions for the gravity belt thickener (GBT). D. Operator interfaces, signals, pilot devices. 1.5 Design review meetings: A. Allow for a teleconference following 90% comments. B. Allow for a teleconference following 100% comments. Task 2 — Services During Construction 2.1 Electrical and mechanical observation: A. Allow for 10 site visits with 1 person each visit. B. Submit a trip report for each site visit. Also allow for preparation and follow up. C. Advise the City in writing if ArcSine observes construction not in congruence with the Construction Documents or industry standard practice. 2.2 Consultation: A. Address questions, issues as they arise. Allow 40 person hours. Page 1 PA1613 Petaluma WRF Solids Programming \Contract \WRF Solids Upgrade Programming Scope 041116.docx 13 Task 3 — Programming Each programming task includes modifications to PLC 1 /0, programs, databases, and existing control descriptions (or creation of new descriptions conforming to established format); troubleshooting support documents; HMI screens and databases; HMI help files; remote alarm notification; and historian databases. Conform to plant standards and conventions. 3.1 Manage changes to networks and 1 /0: A. Assign control LAN TCP /IP addresses for package systems and camera system for GBT #2. Maintain plant network documentation. B. Configure new 1/0 modules in the existing plant PLC's and assist with installation. C. Assign 1/0 additions and deletions within the plant PLC's, document results, distribute assignments to the City, Engineer, and Contractor. 3.2 Modify existing, and create new control descriptions conforming to WRF standards: A. Present control descriptions dynamically within SCADA. 3.3 Program items in plant PLC's #3, #8, and #9: A. Configure and program PLC -to -PLC communications. B. Program digester feed valves (Design documents, specification section 17101- 3.04.A). C. Remove existing seal water system programming and 1/0 for Digester #1 heating and mixing pumps (Design documents, specification section 17101 - 3.04.13). D. Program new Digester #2 level transmitter, automated responses, and alarms (Design documents, specification section 17101- 3.04.C). E. Program two sludge heating pumps and one temperature control valve (Design documents, specification section 17101- 3.04.D). F. Program two sludge mixing pumps (Design documents, specification section 17101 - 3.04.E). G. Program Digester gas blower (Design documents, specification section 17101- 3.04.F). H. Program dual Fuel Hot Water Boiler System interface (Design documents, specification section 17101- 3.04.G). I. Program changes to, and interfacing with, GBT #1 and #2 (Design documents, specification section 17101- 3.04.1-1 - 17101- 3.04.1). J. Program Dewatered Cake Conveyance including extensive coordinated control among three PLC's (Design documents, specification section 17101- 3.04.J). K. Integrate new video system for GBT #2. 3.4 Add entries to the troubleshooting support system. 3.5 Develop and perform programming for HMI screens and databases. 3.6 Edit and incorporate additions to the HMI help file. 3.7 Program remote alarm notification. 3.8 Develop and incorporate historian database additions. Page 2 P: \1613 Petaluma WRF Solids Program ming \Contract \WRF Solids Upgrade Programming Scope 041116.docx 14 3.9 Programming coordination: A. Provide coordination with the Contractor's organization and among the City's team for details necessary to accomplish the work above. Estimate 40 person hours. Task 4 — Testing 4.1 Author test procedure inserts specific to WRF programmed systems. 4.2 Execute unwitnessed testing for PLCs #3, #8, and #9 using simulators at ArcSine's facility. 4.3 Participate in loop validation tests, installation tests, communications testing, and functional testing at the WRF facility. The Construction Contractor and the City will share joint responsibility of these tests. Task 5 — Training 5.1 Provide training for operation of new control features and SCADA Operator controls, introduce the changes in network architecture, and provide software briefing for maintenance. Allow for (2.5) 8 -hour man days. Task 6 — Construction Meetings 6.1 Project kickoff meeting: Allow for (2) 8 -hour man days. 6.2 Pre - submittal conference: Purpose will be to explain the Programmer's role and introduce the application of standards. Allow for (1) 8 -hour man day, plus preparations and follow up. 6.3 Testing coordination meetings: Allow for (3) 4 -hour meetings, plus preparations and follow up. Task 7 — Arc -Flash Studv 7.1 Review existing one -line diagrams and other available document for the WRF to determine existing electrical layout, ratings, part numbers, wire sizes and lengths, etc. 7.2 Perform field investigations to verify and/or fill in missing information after review of existing documentation. 7.3 Perform arc - flash, coordination, and short - circuit studies for the process areas touched in the Solids Process Upgrades Project (CIP No. C66501305) and the main electrical building at the WRF. 7.4 Submit analysis summary to City for review and approval. 7.5 Furnish and install labels indicating arc -flash hazard classification and appropriate personal protection equipment (PPE) for each piece of affected equipment. Assumptions: 1. Hardware and installation for GBT #2 video is not included. 2. Participation in the FAT of GBT #2 controls is available but not included in this SOW. 3. Formal submittal of source code or printouts of the programming of SCADA or the plant PLC's is excluded. Current masters of all WRF code are maintained within the WRF SCADA system at all times, and a separate submittal is not necessary. 4. Carollo will address all RFI's, submittal reviews, change orders, and general construction management work associated with the Digester No. 2 construction project. Page 3 P: \1613 Petaluma WRF Solids Programming \Contract \WRF Solids Upgrade Programming Scope 041116.doex 15 5. Developing Computerized Maintenance Management PM procedures is not included. 6. Arc - flash- related procedures are not included. 7. Integration with other Plant short - circuit, coordination, and arc -flash studies is not included. Page 4 P: \1613 Petaluma WRF Solids Program ming \Contract \WRF Solids Upgrade Programming Scope 041116.docx 16 ArcSine Project No. XA11602002 City of Petaluma WHF Solids Upgrade Project 4112016 Programming Services Project Role Project Manager/ QA/QC SCADA Engineer SCADA Programmer Project Engineer Electrical Field Engineer Drafting Clerical IDoscri2tion Rate $195 $165 $121 $120 $132 $86 $79 Expenses Extended f 0 D_esfgn RevleWSu qr1 - =_ _ _- 1.1 Review existing installations 2 6 2 $1,620 1.2 Rmiew CarolVs design submittals, submit written comments $0 90% Submittal 6 8 1 16 q 1 $4,726 100 /Submittal 4 4 8 2 $2,550 1.3 Specification inserts Construction sequencing 2 4 1 $949 City-furnished programming 2 2 2 2 $1,118 1.4 Reviaw conformance to existing Plant standards 2 2 1 4 $1,321 1.5 Design review meetings 4 4 4 1 Task 1 Subtotal $12,292 20- Se_N1cesDuriug- ConsWcttoti - = - 2.1 Onsite observation (10 days, i person) 10 10 90 -10 $2,000 $17,820 2,2 Consultation 10 10 10 10 5 Task 2 Subtotal $17,820 3 0 Pro'gCamOtmg`= 3,1 Manage changes to networks and 110 Assign and manage network addresses 3 $363 Configure new i#0 modules (assume 2) 6' $726 Assign changes to PLC 110 0.5 5 4 1 $1,486 3.2 Modify exlstingladd new control descriptions 4 30 4 4 $6,530 3.3 Program for Plant PLC's#3, #8, and # 19; and GBTs #i, #2 16 $3,120 PLC- to- PLClntercommunications 8 i6 $3,256 Digester feed valves 1 8 $1,133 Seal water forDigesler #i pumps 6 $726 Digester #2level transmitter 1 6 $891 Two sludge healing pumps & temperature control valve 8 8 $2,288 Two sludge mixing pump 1 8 $1,133 Digester gas blower 1 6 $891 Boiler system interface 1 8 $1,133 Program & Interfacing with GBTs #1 and #2 8 16 $3,256 Dewatered cake cone ante 8 16 $3,256 Video system ferGBT #2 1 8 $968 3.4 1 Troubleshooting support system changes and additions 1 1 16 $2,296 3.5 HMI screens, databases 2 16 40 $7,870 3.6 HMI help file additions and edits 16 $1,936 3.7 Remote alarm notification changes 1 4 $679 3.8 Historian database additions 8 $960 3,9 Programming coordination 10 10 10 10 1 4 $6,326 Task 3 Subtotal $51,231 40 Testin0 4.1 Test procedurelnserts 2 4 16 2 4 $3,542 4.2 Unwilnessed testing of PLCs 3, 8, and 9 2 24 24 1 $7,254 4.3 Participate in loop validation tests, Installation tests, communications testing, and functional testing at the WRF facility 8 16 32 4 $1,500 $9,888 Task 4 Subtotal $20,684 5.1 0 &M Training 4 16 2 $500 $3,254 Task 5 Subtotal $3,254 6.1 Projectkickotfineeting 8 8 2 $500 $3,538 6.2 Pre- submiltalconference 6 6 2 $500 $2,018 6.3 Test coordination meetings 4 12 2-_J $2,918 PM613 Petaluma WRF Solids ProgramminglContractTelduma Programming Fee Estimate 041116 Page 1 of 2 17 mettin"Pfolect No. Wi602002 City of Petaluma we Solids Upgrade Project 4/1201 Programming Services ,ym ,��"xnm�. n��°�p�a�*wx,m m=�*, — --------- --' 18 Project Role Project Manager[ QAIQG SCADA Engineer SCADA Programmer Project Engineer Electricall'Ield Engineer Draffing Clerical Description Rate _ WS $m $-121 $m $132 $86 $79 Expenses Extended Task 6 Subtotal $9,274 Also Sw 7M77- 77W 7,2 Perform ffeld Investigallons 24 24 $0,048 7.3 Perform arc-flash, coordination, & short-circuit study 8 48 $7,320 7A Assemble and submitanalysis to City; coordinate 4 8 4 4 $Z400 7.5 Furnish and Install labels In the field 4 16 $2,592 Task 7 Subtotal $19,848 Subtotal $134,403 Contingency 115% $20,-160.38 FROJECT TOTAL $154,5631 ,ym ,��"xnm�. n��°�p�a�*wx,m m=�*, — --------- --' 18 INSURANCE REQUIREMENTS EXHIBIT B -2 Consultant's performance of the Services under this Agreement shall not commence until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by the Consultant, the Consultant's agents, representatives, employees and subcontractors. Required professional liability insurance shall be maintained at the level specified herein for the duration of this Agreement and any extension thereof and for twelve additional months following the Agreement termination or expiration. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. 2. Insurance Services Office form covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability insurance. 5. Such other insurance coverages and limits as may be required by the City. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. 4. Professional Liability insurance: $1,000,000. - 5. Such other insurance coverages and limits as may be required by the City. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or climinate such deductibles or Exhibit B2 Page 1 of 2 INSURANCE REQUIREMENTS (City) (609325) August 201519 self - insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the Services to do likewise. 7. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirement and/or limits shall be available to the additional insured. Furthermore, the requirement for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. 8. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of the City of Petaluma before the City of Petaluma's own insurance or self-insurance shall be called upon to protect it as a named insured. Exhibit B2 Page 2 of 2 INSURANCE REQUIREMENTS (City) (609325) August 201520 E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANTI. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf, All endorsements are to be received and approved by the City before the Services commence. Exhibit B2 Page 3 of 2 INSURANCE REQUIREMENTS (City) (609325) August 201521 EXHIBIT C ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE CHAPTER 8.36 The City of Petaluma Living Wage Ordinance ( "Ordinance "), Petaluma Municipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or funding mechanisms providing financial assistance (referred to hereafter as an "Agreement ") between the City of Petaluma ( "City ") and /or the Petaluma Community Development Commission ( "PCDC ") and contractors, lessees, franchisees, and /or recipients of City and /or PCDC funding or financial benefits ( "covered entities "). Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or proposal for any Agreement subject to the Ordinance, the covered entity shall: • Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. Complete the Report of Charges, Complaints, Citations and /or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and /or findings of violation of law or regulation by any regulatory agency or court including but not limited to the California Department of Fair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor Commissioner), Environmental Protection Agency and /or National Labor Relations Board, which have been filed or presented to the covered entity within the ten years immediately prior to the bid, proposal, submission or request. Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each covered entity shall certify that its employees are paid a living wage that is consistent with Petaluma Municipal Code Chapter 8.36. By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provided in the Report of Charges, Complaints,, Citations and /or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in this Acknowledgment and Certification. Page 1 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 201222 SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: 14 65;,Il E EA#J eel2 f/ IC? Date: �% f U/(6 (Print Name of Covered Entity/Business Capacity) .A (Print Name) /s/ V (Siatur e) Its Rea i O".qvv (Title /Capacity of Authorized Signer) Page 2 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 23 REPORT OF CHARGES, COMPLAINTS, CITATIONS AND /OR FINDINGS PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120 FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND /OR FINDING OF VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUTNOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND /OR NATIONAL LABOR RELATIONS BOARD, WHICH: • AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE AND /OR PARTY TO ANY CITY OF PETALUMA AND /OR PETALUMA COMMUNITY DEVELOPMENT COMMISSION- FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND • HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATION IS MADE, PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING, IF NONE, PLEASE STATE "NONE " :_ N0 NE ATTACH ADDITIONAL PAGES IF NEEDED. Date: Regulatory Agency or Court: Subject Matter: Resolution, if any: Expected resolution, if known: Page 3 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 24 ELLIS CREEK WATER RECYCLING FACILITY SOLIDS PROCESS UPGRADES PROJECT NO. C66501305 LOCATION MAP �41 X77 6 O p� RF`S'S� Vie � ELLIS CREE ���> R REC Y LING/ mil/ PROJECT SITE �I v City of Petaluma Public I Department Attachment 3 F<y 25 1S ..