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HomeMy WebLinkAboutResolutions 2011-120 N.C.S. 08/01/2011Resolution No. 2011-120 N.C.S. of the City of Petaluma, California APPROVING THE PROJECT BUDGET AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES FOR THE VICTORIA PUMP STATION DESIGN PROJECT WHEREAS, the City of Petaluma has determined the need to upgrade the Victoria Pump Station at the located along Windsor Drive at the intersection of West Haven Way; and, WHEREAS, this project requires the services of a quality professional engineering firm familiar with pump stations and experienced in engineering and design services; and, WHEREAS, City staff prepared a Request for Proposal (RFP) and solicited proposals from four consulting firms for engineering and electrical design services for the Project; and, WHEREAS, on June 22, 2011, two proposals were received; and, WHEREAS, ArcSine Engineering responded to the RFP and was chosen based on their proposal, reputation, and experience in the design of municipal pump stations; and, WHEREAS, ArcSine Engineering has demonstrated ability to produce superior quality work on complex engineering projects by providing quality engineering and design services for Bay Area municipalities; and, WHEREAS, staff recommends the City execute a professional services agreement with ArcSine for engineering and design services for the Victoria Pump Station. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby: Approves the budget as follows: Description 11/12 CIP Budget Design $ 98,000 Construction Contracts $ 200,000 Construction Management $ 32,000 Contingency $ 33,000 Total $ 363,000 Resolution No. 2011-120 N.C.S. Page 1 2. Authorizes the City Manager to sign the attached Professional Services Agreement for Engineering and Design Services for the Victoria Pump Station Design Project with ArcSine Engineering in support of the Victoria Pump Station improvement project in the amount of $97,300. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App ov d o Council of the City of Petaluma at a Regular meeting on the 151 day of August, fo 2011, by the following vote: Assistant City Attorney AYES: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Renee NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk Mayor Resolution No. 2011-120 N.C.S. Page 2 ATTACHMENT TO RESOLUTION 2011-120 N.C.S. PROFESSIONAL SERVICES AGREEMENT Engineering and Design Services for the Victoria Pump Station Electrical Upgrade (Title of Project) FY 11/12 Fund # 6600.66999 Exp. Acct. # 54110 Project # C66501002-30300 Amount $97.300 For multi-year contracts or contracts with multiple accounts: FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # 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 municipal corporation and a charter city ("City") and ArcSine Enaineerinv-, 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: 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 under the following terms: time and materials. 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 $97,300 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 current information requested on the "Vendor Information" form Resolution No. 2011-120 N.C.S. Page 3 available from City, and has obtained a currently valid Petaluma business tax certificate. 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 December 31, 2012, 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. 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 furnishing 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. Resolution No. 2011-120 N.C.S. Page 4 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 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 Auent. 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, first class and 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. Resolution No. 2011-120 N.C.S. Page 5 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 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 Waee Ordinance. Without limiting the foregoing Section 17, Consultant shall comply fully with the 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. Consultant's noncompliance with 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 Resolution No. 2011-120 N.C.S. Page 6 (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: Patricia A. Gothard, P.E. Dei)artment of Water Resources and Conservation 202 N. McDowell Blvd. Petaluma, CA 94954 Phone: (707) 776-3672 Fax: (707)778-4508 Email: p�4othard(a),ci.i)etaluma.ca.us Consultant: Douglas McHanev, P.E. ArcSine Enaineerin4, Inc. 950 Executive Drive Reddina, CA 96002 Phone: (530) 222-7204 Fax: (530) 222-7210 Email: dmchanev i ,arc- 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. Resolution No. 2011-120 N.C.S. Page 7 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. 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. Resolution No. 2011-120 N.C.S. Page 8 27. Governine 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. Severabilitv. 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 Partv 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. Resolution No. 2011-120 N.C.S. Page 9 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 \� -N e Title C 5-0 e >ce w•.4� tee. Address City State M -zA-- 9 b 6 Taxpayer I.D. Number rj&00-L— Zip Petaluma Business fax Certificate Number Resolution No. 2011-120 N.C.S. Page 10 Exhibit A SCOPE OF WORK ENGINEERING AND DESIGN SERVICES FOR THE VICTORIA PUMP STATION DESIGN PROJECT CITY OF PETALUMA ArcSine Project 1158 Jul 1, 2011 INTRODUCTION This Scope of Work covers design and related services for upgrade of the City of Petaluma Victoria Pump Station. The project includes upgrades to electrical, standby power, and controls. The deliverables will be suitable for competitive bid. TASK 1 - PROJECT MANAGEMENT ArcSine will provide project management controls including monitoring project budget and schedule, and managing staffing to meet overall project objectives. Project management will include: 1. Preparing a Project Work Plan; 2. Providing brief written progress reports to the City with monthly invoices; 3. Coordinating project team activities; 4. Performing QA/QC reviews and constructability reviews of the design as it progresses. TASK 2 - INVESTIGATIONS AND CRITERIA This task consists of: 1. Performing detailed field investigation. 2. Conducting the criteria workshop (including preparation). 3. Publishing results. Criteria will be documented in areas including the following: • Standby power ® Decision to replace all electrical (or not) ® Controls philosophy, redundancies • Communications decisions • Operator interfaces • Sole source items ® Contracting approach to short-circuit/coordination/arc flash • NFPA 820 • Security ® Site lighting Resolution No. 2011-120 N.C.S. Page 11 TASK 3 - MOTOR MEGGERING Failed motor feeders resulted in City staff installing conduits and temporary feeders. This project will replace the feeders, and eliminate the temporary conduits. With the age of the station, there exists some concern about the condition of the motors. During design ArcSine will disconnect the motor feeders and megger-test the windings, to anticipate any problems, and allow the City to remedy the problems prior to construction. This task consists of the following: m Coordinating shutdown(s) ® Disconnecting motor leads ® Meggering ® Reconnecting ® Publishing results This task will be a collaborative effort in the field between ArcSine and the City, led by ArcSine. TASK 4 - DESIGN Summarv: This task consists of developing Contract Documents suitable for competitive bid. Submittals will be provided at 50%, 95%, and Final. Deliverables: Below are anticipated deliverables: O Drawings El Legend E2 One -Line Diagram — Demolition/Cutover E3 One -Line Diagram — Improvement E4 Site Plan — Demolition E5 Site Plan — Improvement E6 Control Diagrams E7 Elevations and Details I1 Legend I2 Block diagrams I3 Process and Instrumentation Diagram I4 Control Diagrams I5 Elevations and Details S1 Generator Foundation Resolution No. 2011-120 N.C.S. Page 12 The list above is preliminary, and depending on how crowded (or not) selected drawings get, consolidation might occur. 9 Specifications 01010 Sequencing and Constraints 13300 Instrumentation and Controls 13350 Programmed Systems 16050 Electrical (with attachments) 16150 Power Distribution Equipment 16710 Standby Generator System ® Construction Cost Estimates (submitted at 50% and 95%) Kev Desien Submittal Princinles: The 50% submittal will consist largely of the "high-level" drawings including one -line diagrams and process and instrumentation diagrams. The 95% submittal will be generally complete, and biddable, with only minor items remaining, and Final will be suitable for reproduction and bid. Standbv Power: Standby power will be sized to operate both pumps, and have onsite fuel storage for 36 hours of operation. The standby generator will be mounted outdoors on a pad with a belly tank, with a sound -proof enclosure to minimize noise. Control Architecture: Victoria Pumping Station will have primary and backup instruments, primary PLC control, and backup hardwired control, and be integrated with SCADA, in accordance with City wastewater practices. Sole -Source Items: Items will be sole sourced in accordance with present City practices. At this time we expect sole sources for PLC, level instruments, radio (if applicable), and pressure instruments (if applicable). Securitv: The site is subject to vandalism. As part of criteria -setting, options will be discussed with the City including the following: ® Imposter cameras ® Motion sensors and alarming ® Lighting strategy • Provisions for future cameras, as a contingency The design may include, if so decided, site motion sensors, motion -based lighting, and provisions to defeat alarming when authorized personnel are accessing the site. Resolution No. 2011-120 N.C.S. Page 13 Video monitoring is not expected with this project. Provisions may be included for raceways, to allow for future cameras. NFPA 820: NFPA 820 is the Standard for Fire Protection in Wastewater Treatment and Collection facilities. ArcSine is quite conversant in NFPA 820 details, overlap with the NFPA 70 (National Electrical Code), and topics associated with the Authority Having Jurisdiction. Subject to O&M staff confirmation of only residential inflows, ArcSine hereby asserts that NFPA 820 Table 4.2, Line 11(a) applies resulting in a Class 1 Division 2 wetwell environment. Site Lighting: New site lighting is part of this project. Short-Circuit/Coordination/Arc Flash: Short-circuit/coordination/arc flash studies and labeling for Victoria Pump Station will be part of the construction contract. Structural: This Scope includes an allowance for design of the generator foundation, by a registered California Structural Engineer. PG&E Service: It is expected that the new electric service will be fed from the existing PG&E vault and transformer. We are not expecting any PG&E -related coordination nor design services beyond making that switchover. Other Design Assumptions 1. The City will provide front end specifications, bid forms, etc. 2. The City will provide reproduction. 3. Design of a video monitoring system, if deemed necessary, is not yet included. 4. Responding to or constructability comments is not included. 5. No building department submittals are anticipated nor included. 6. Geotechnical work is not included. TASK 5 - RADIO REPEATER DESIGN The Victoria Pump Station is located in a low spot, generally surrounded by hills. ArcSine's recent radio path studies show no feasible connections with other City wastewater sites. ArcSine considered the City's nearby La Cresta water tank for a radio repeater site, but preliminary analyses show that the radio path to La Cresta is weak, with a knoll between Victoria Pump Station and the La Cresta site. However, it is believed that modest masts on top of the tank and at Victoria will likely provide line of sight, and good performance. This task includes evaluation and design of a radio repeater on the La Cresta water site, including the following: 1. Coordination with water staff. 2. Field investigation/radio path study (confirmation of line -of -site). Resolution No. 2011-120 N.C.S. Page 14 3. Preparation of Contract Documents including the following: a. Mast, antenna, interconnection. b. Radio (separate enclosure or merged with water). c. Modifications to existing power circuits to serve the new load. d. If merging with a water enclosure, likely add heater and ventilation (water enclosures are limited in where they have such provisions). e. Requirements for startup testing. The Contract Documents will be included with the Victoria Pump Station package. This task includes a field radio path verification during design, estimated at 1 person -day. TASK 6 - SERVICES DURING BID ArcSine will assist the City during Bid as follows: 1. Attend the prebid meeting; 2. Respond to bidders' questions; 3. Assume 1 minor addendum; 4. Conformed documents. TASK 7 - SERVICES DURING CONSTRUCTION ArcSine will assist the City and its representatives with construction phase support services, including: 1. Attend the preconstruction conference; 2. Respond to RFIs; • Allow for 8 formal RFIs at 4 hours each plus clerical, plus 24 hours total for informal RFIs; 3. Perform submittal reviews; • For structural, allow for one submittal review of the generator foundation and anchorage, and one minor resubmittal. 4. Assist with review of proposed change orders and provide design services; • Allow for 1 change order; Resolution No. 2011-120 N.C.S. Page 15 5. Allow for 2 special construction meetings and site visits; 6. Allow 1 day for assistance with startup and testing of new pump station; 7. Allow for a project closeout walk through and development of punchlist; prepare record drawings from as -built markups provided by the Contractor. TASK 8 - PROGRAMMING In conformance with City standards and practices, perform PLC and HMI programming and testing; and develop documentation. Activities include the following: 1. Review of draft control descriptions by programming staff. Edit during programming and testing to become the basis for as -built documentation. 2. Program station PLC. • Use tagging and naming in accordance with City standard practices. 3. Expand the existing WRF SCADA system with new content for Victoria Pump Station in the following areas: ➢ Displays ➢ Databases ➢ Alarm notification ➢ HELP ➢ Troubleshooting Support System ➢ Password Protection ➢ Make data connections to existing geographically -oriented overview screen. 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. 5. Under the Wilmington Pump Station project, a new City-wide wastewater collection schematic screen will be developed. Populate the Victoria placeholder with a live link. 6. Receive and coordinate calibration ranges, zeroes, and fail configurations for Contractor - furnished and installed level instruments. 7. Program PLC automatic control actions to coordinate with station hardwired backup control and station commercial power/standby power. Resolution No. 2011-120 N.C.S. Page 16 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. 9. Develop factory test procedures for PLC programming; test unwitnessed. 10. Complete and file written test results with existing test results for the WRF and other stations. 11. Expand the factory test procedures for field testing; 12. Participate in operational readiness testing and functional acceptance testing. 13. Provide as -built control descriptions and merge into the City's existing control descriptions. 14. Provide brief training of City personnel. MODIFICATIONS TO AGREEMENT The parties agree that the following provisions modify the Agreement: 1. The Services provided under this Agreement are "design professional services" subject to California Civil Code Section 2782.8. 2. The amendments to Civil Code Section 2782.8 that take effect January 1, 2011, apply to this Agreement. 3. The following language in Section 22 of the Agreement is stricken and not applicable to the Agreement: 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. Resolution No. 2011-120 N.C.S. Page 17 Page 18 O O O O O O M y N D�SMN 6N9 N � U -------------- U C O rM O O EA O OO 61>t9 O O N N i W ro UGo t pV N n'0 r. -N CD V � r r Nr V Nr M CI4 V N NN Nu7 Efl Vf be r U � C71 C w m f` O O O N N N N V N r n Lf) (A C ro C ED co coM N r co O� N Nr rr V Nr r N N O N NN L to U bly 69 � a1 F, a! 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Q m o E O J N m tip E C a DUfl.a DLL Do- aFP W = O W Laa'0.0 U m Oa U pTd� ° 60 m " 4) i C O fA Y"N M'C y r N M V' In(ON yr NM V IfJ CDNc00 �rcN-.M•-� W NCDO WcD mm UJ 1--r� r� P�NhN 0 c co c0 W w W NOO w w co co W 9 Resolution No. 2011-120 N.C.S. age 20 INSURANCE REQUIREMENTS 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 Resolution No. 2011-120 N.C.S. Page 21 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. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. 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. Resolution No. 2011-120 N.C.S. Page 22