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HomeMy WebLinkAboutStaff Report 3.D 09/12/2016Agenda Item #3.D DATE: September 12, 2016 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan t. AS CE — 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 Construction Support and Programming Services for the Copeland Lift Station Upgrade Project RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Execute a Professional Services Agreement (PSA) with ArcSine Engineering for Construction Support and Programming Services for the Copeland Lift Station Upgrade Project. BACKGROUND The Copeland Lift Station, built in 1996, is located at the end of Water Street North adjacent to the Petaluma River as shown on the location map, as attachment 3. The station pumps wastewater from the northwestern portion of the City over the river and into the City sewer system in Madison Street, which ultimately flows to the City's Ellis Creek Water Recycling Facility (ECWRF). Copeland Lift Station is a critical pump station that does not currently operate at an acceptable level of service. The Council approved the CIP project, C66501501, in FY 15/16 to address improvements needed for security, motor control, and electrical components necessary to meet reliability, safety, and maintenance requirements. In February 2015, the City executed a Professional Services Agreement (PSA) with HydroScience Engineers to evaluate the condition of the existing lift station and prepare design documents for the rehabilitation of the Copeland Lift Station, which included mechanical, electrical, structural, and instrumentation upgrades. In May 2016, the City awarded the construction agreement to Clyde Stegall, Inc. for construction of the Copeland Lift Station Upgrade project. The services for this PSA will support the programming of the lift station control components, provide testing to ensure the lift station is operating correctly, and incorporate the Copeland Lift Station into the City's Supervisory Control and Data Acquisition (SCADA) network which allows the operation staff to control the lift station from the Ellis Creek Recycled Water Faculty if needed. The subject award will complement the engineering services in the area of electrical, instrumentation, and controls programming. DISCUSSION The proposed PSA authorizes ArcSine Engineering to provide programming, controls testing and SCADA services for the Copeland Lift Station upgrades during and after construction of the improvements. The construction work is scheduled to begin in September 2016. The City is providing the construction engineering and inspectors for the project, but requires programming support from a specialty engineering consultant. They are currently the project's controls consultant working with the project electrical engineer and designer, HydroScience Engineers. The scope of work for the Copeland Lift Station programming services PSA includes the following tasks with an estimated fee of $45,862: • Preparation and review of control structures for instrumentation controls • Programming of the lift station's programmable logic controller (PLC) • Preparation and implementation of factory testing and functional acceptance testing • Preparation and programming of the City SCADA system to integrate the Copeland Lift Station into the City's network Because the control functions of the Copeland Lift Station must be integrated with the overall programmable controls of ECWRF, it is imperative that the professional electrical engineering services firm have comprehensive knowledge and experience with the entire system to perform the requisite services effectively. 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 programming services with efficiency and accuracy. It is recommended that the City accept the proposal from ArcSine for Construction Support and Programming Services for the Copeland Lift Station Upgrade project 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 16/17 CIP budget for the Copeland Lift Station Upgrade project is $2,050,000 including the services described herein. Funding for the Professional Services Agreement for ArcSine is included in the project budget. ATTACHMENTS 1. Resolution 2. PSA Agreement 3. Location Map W Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ARCSINE ENGINEERING FOR CONSTRUCTION SUPPORT AND PROGRAMMING SERVICES FOR THE COPELAND LIFT STATION UPGRADE PROJECT WHEREAS, the City of Petaluma wishes to design and construct the Copeland Lift Station Upgrade Project ( "Project "); and WHEREAS, this Project requires the services of a quality professional civil engineering design firm familiar with the project and experienced in design and construction of wastewater lift station projects and their components; and WHEREAS, the City has determined that construction support and programming services from ArcSine Engineering is required for the timely and effectual completion of the upgrades to the Copeland Lift Station; and WHEREAS, ArcSine Engineering has significant knowledge and expertise in all areas of electrical and instrumentation control for the Ellis Creek Water Recycling Facility and City sewage pump stations; and WHEREAS, staff recommends the City execute a Professional Services Agreement with ArcSine Engineering for construction support, and programming services for the Copeland Lift Station Upgrade project. 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 Construction Support and Programming Services for the Copeland Lift Station Upgrade Project in the amount not to exceed $45,862. 3 Attachment 2 Exhibit A to Resolution PROFESSIONAL SERVICES AGREEMENT Programming Services for Copeland Lift Station Upgrade (Title of Project) FY 1. 6/17 Fund # Cost Center 30600 Object Code 54140 Project # C00500101 Amount $45,825.00 For multi year contracts or contracts with multiple accounts: FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ FY Fund # Cost Center Object Code Project # Amount $ 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 city use o y , 20 ("Effective Date "), by and between the City of Petaluma, a municipal corporation and a charter city ( "City ") and ArcSine Engineering, Inc, 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: 1. 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 $45,825.00 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.s?ov) and has obtained a currently valid Petaluma business tax certificate. PROFESSIONAL SERVICES AGREEMENT 4 (609321) June 2016 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 January 30, 2017, 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 bankruptcy 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. S. 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 furnishing Services pursuant to this Agreement. City shall fiunish 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 5 (609321) June 2016 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. making 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. Asshmment/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 full extent applicable, with PROFESSIONAL SERVICES AGREEMENT 6 (609321) Juno 2016 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. Livine Wage 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 4 PROFESSIONAL SERVICES AGREEMENT (609321) June 2016 (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) 7784554 Email: cityclerk &i.petaluma.ca.us And: Public Works and Utilities Denartment Attn.: Dan St. John 202 N. McDowell Blvd Petaluma, CA 94954 Phone: (707) 778 -4546 Fax: (707) 206 -6034 Email: dstiohnAci.petaluma.ca.us Consultant: ArcSine Engineering Inc. Attn.: Douglas McHaney P.E. 950 Executive Drive Redding, CA 96002 Phone: (530) 222 -7204 Fax: (530) 222 -7210 Email: dmchaneytc grc- 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 ( "Indemnitees ") from and against any and all 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 Indemnitees. PROFESSIONAL SERVICES AGREEMENT 8 (609321) June 2016 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 defense and indemnification obligations of this Agreement shall no way be limited by, the insurance obligations that apply to this Agreement pursuant to Section 23. 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 "Insurance 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. 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. 6 PROFESSIONAL SERVICES AGREEMENT 9 (609321) June 2016 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 -named officers, require that custody of the records be given to the City and that the records and 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. PROFESSIONAL SERVICES AGREEMENT 10 (609321) June 2016 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 Name �D�tG l�►c Title °15o 1- c�Q_U-nv W��( Address 0�- 'poo') G) GPt Cu00O2 City State Zip C1 4 -)-' ��i(�LI(O Taxpayer T.D. Number L— MoHl Oct? Petaluma Business Tax Certificate Number file name: SXIMProjectsTopeland Lift Station C665010041Conshuotion \10 Other Const Agree\ArcSine PROFESSIONAL SERVICES AGREEMENT l l (609321) June 2016 Exhibit A to PSA a, CITY OF PETALUMA, CALIFORNIA COPELAND LIFT STATION CONSTRUCTION SUPPORT AND PROGRAMMING SERVICES SCOPE OF WORK Revised July 14, 2016 ArcSine Project No. 1635 July 13, 2016 Introduction: Clyde G. Steagall is under contract to perform construction for improvements at the City of Petaluma's Copeland Lift Station. This Scope of Work covers the work required to perform programming as the City's Programmer. Task 1 — Programminq In conformance with City standards and practices, perform PLC and HMI programming and testing; and develop documentation. Activities include the following: 1.1 Control Descriptions: A. Review draft control descriptions by programming staff. B. Review and provide hand marks on P &ID's to match control descriptions; submit to City for forwarding to the Engineer. C. Edit the control descriptions during programming and testing to become the basis for as- built documentation. D. Link control descriptions to SCADA. 1.2 Program Station PLC: A. Use tagging and naming in accordance with City standard practices. 1.3 Expand the existing WRF SCADA system with new content for Copeland Lift Station in the following areas: A. Displays B. Databases C. Alarm notification D. HELP E. Troubleshooting Support System F. Password Protection G. Make data connections to existing geographically oriented overview screen. 1.4 In conjunction with the above, program and configure station - specific screens and data structures to comprise the graphical display at the station, should that ultimately be selected. 1.5 On the City -wide wastewater collection schematic screen, populate the Copeland L.S. placeholder with a live link. Page 1 PA1635 Copeland LS Program ming \Contract \Copeland LS Programming SOW.docx 12 1.6 Receive and coordinate calibration ranges, zeroes, and fail configurations for Contractor - furnished and installed level and flow instruments. 1.7 Program PLC automatic control actions to coordinate with station hardwired backup control and station commercial power /standby power. 1.8 Program communications management. However, no interlocking between the station and other location(s) is required; thus, no special response is needed on loss of communications. 1.9 Develop factory test procedures for PLC programming; test unwitnessed. 1.10 Complete and file written test results with existing test results for the WRF and other stations. 1.11 Expand the factory test procedures for field testing. 1.12 Participate in functional acceptance testing. 1.13 Provide as -built control descriptions and merge into the City's existing control descriptions. Assumptions: 1. Formal submittal of source code or printouts of the programming of SCADA or the PLC is excluded. 2. The Design Engineer will address all RFI's, submittal reviews, change orders, and general construction management work associated with the Copeland Lift Station construction project. 3. Developing Computerized Maintenance Management PM procedures is not included. 4. Arc -flash studies and related procedures are not included. Page 2 PA1635 Copeland LS Programming \Contract \Copeland LS Programming SOW.docx 13 ArcSine Project No. 1635 City of Petaluma Copeland L.S. Improvements 8/12/2016 Programming Services and SDC Fee Estiamte PA1635 Copeland LS Programming \Contract \Copeland LS Programming Fee Estimate (2) P4g41 of 1 Project Role Project Manager/ QA/QC SCADA Engineer SCADA Programmer Project Engineer Clerical Description Rate $195 $165 $121 $120 $79 Expenses Extended 1.0 Programming 1.1 Control Descriptions $0 Review draft control descriptions 2 4 2 2 $1,448 Review and hand mark P &ID's 4 $660 Edit control descriptions 4 16 4 4 $4,216 Link control descriptions to SCADA 4 $484 1.2 Program PLC 4 40 24 4 $10,764 1.3 Expand WRF SCADA system $0 Displays 2 8 $1,298 Databases 4 4 $1,144 Alarm notification 2 $330 HELP 2 $330 Troubleshooting Support System 2 2 $572 Password Protection 1 $121 Data connections to overview screen 1 $121 1.4 Program and configure station - specific screen 2 2 4 $1,204 1.5 Populate L.S. live link on City -wide schematic screen 2 $242 1.6 Receive and coordinate data for level and Now 1 2 2 $767 1.7 Coordinate automatic controls with HBC and utility power 4 8 $1,628 1.8 Program communications management 2 4 $1,050 1.9 Develop factory test procedures for PLC programming; test 4 20 24 2 4 $7,540 1.10 Complete and file written test procedures 2 2 2 $728 1.11 Expand factory test procedures for field testing 2 8 8 2 $2,918 1.12 Participate in functional acceptance testing 8 16 16 4 $750 $7,202 1.13 Provide as -built control descriptions 4 2 2 $1,058 PROJECT TOTAL $45,825 PA1635 Copeland LS Programming \Contract \Copeland LS Programming Fee Estimate (2) P4g41 of 1 INSURANCE REQUIREMENTS FXATRTT R -? 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 eliminate such deductibles or Exhibit B2 Pagel of 3 INSURANCE REQUIREMENTS (City) (609325) August 201515 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 3 INSURANCE REQUIREMENTS (City) (609325) August 201516 E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. 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 3 INSURANCE REQUIREMENTS (City) (609325) August 201517 uIIC 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 2012 18 SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: C00500101 Date: (Print Name of Covered Entity/Business Capacity) By p2u 6r AAC � y (Print Name) /s/ -D"t, (Signature Its V�7p:Tl0 (Title /Capacity of Authorized Signer) Page 2 of 3 LIVING WAGE ACKNOWLEDGEMENT AND CERTIFICATION (1638697.2) Nov 2012 19 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 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: • 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 ": 41D 1D 67— 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 20 E Attachment 3 COPELAND LIFT STATION REHABILITATION PROJECT PROJECT SITE LOCATION MAP `C P 6 ECT $RE 21