HomeMy WebLinkAboutAgenda Report - August 19, 2015 C-10AGENDA ITEM Cam 10
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Three -Year Professional
Services Agreement with Hach Company, of Loveland, Colorado, to Purchase
Nitrification Control System and Annual Service Agreement and Authorizing
Public Works Director to Execute Two -Year Extension ($139,939)
MEETING DATE:
PREPARED BY:
August 19, 2015
Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute three-year
professional services agreement with Hach Company, of Loveland,
Colorado, to purchase nitrification control system and annual
service agreement and authorizing Public Works Director to execute two-year extension in the amount
of $139,939.
BACKGROUND INFORMATION: Ammonia is a nutrient regulated by the Regional Water Quality
Control Board (RWQCB). If allowed to be released uncontrolled
into the receiving stream, it can cause algae blooms and kill fish.
Due to the population decline of native freshwater mussels in the Bay -Delta Region, the RWQCB will
adopt even more restrictive limitations on ammonia discharges. The RWQCB notified the City of Lodi
(and other Bay—Delta municipalities) that the ammonia limits will be reduced in our next National
Pollutant Discharge Elimination System permit renewal (2018).
The White Slough Water Pollution Control Facility (WSWPCF) processes include aerobic and anoxic
zones to reduce ammonia levels in the waste stream. Even with this diligence, WSWPCF was unable
to meet ammonia limits in February 2015 for daily maximum mg/L, daily maximum loading and
monthly average loading. This will result in a $9,000 minimum mandatory penalty from the RWQCB.
The new additional restrictions on the ammonia limits will create a tremendous challenge for
WSWPCF and all the other publically owned treatment works in the Bay -Delta region.
The Hach nitrification control system (RTC -103) is a software and analyzer combination that adjusts
the process of nitrification in real time to help meet ammonia limits and reduces the expense of
excessive aeration. Plant optimization and real time ammonia and suspended solids values and
recommended dissolved oxygen set -points are additional benefits.
Included in the RTC -103 package is a Hach Solitax sensor that measures suspended solids sensor
and is necessary for the accurate comparison of suspended solids and ammonia.
Staff recommends Council adopt a resolution authorizing City Manager to execute a professional
services agreement with Hach Company, of Loveland, Colorado, to purchase nitrification control
system and annual service agreement in the amount of $75,152 for Fiscal Year 2015/16, $15,486 for
Fiscal Year 2016/17, $15,950 for Fiscal Year 2017/18 with an option to extend for two additional years
in the amount of $16,429 for Fiscal Year 2018/19 and $16,922 for Fiscal Year 2019/20, for a total of
$139,939.
APPROVED:
Ste he w ire , C4 Manager
K:\WP\White Slough\Hach\CC Hach PSA.doc 8/10/2015
Adopt Resolution Authorizing City Manager to Execute Three -Year Professional Services Agreement with Hach Company, of Loveland, Colorado, to Purchase
Nitrification Control System and Annual Service Agreement and Authorizing Public Works Director to Execute Two -Year Extension ($139,939)
August 19, 2015
Page 2
FISCAL IMPACT: If the RTC -103 is not installed, WSWPCF will be able to meet the
ammonia limitations most of the time. However, when the tighter
limitations are implemented in 2018, WSWPCF will have recurring
difficulties maintaining discharge permit requirements.
FUNDING AVAILABLE: Plant Operations Capital Improvements (53053003.72359)
Jordan Ayers
Deputy City Manager/Internal Services Director
F. Wally ( andelin
Public Works Director
Prepared by Karen Honer, Wastewater Superintendent
FWS/KDH/tb
Attachments
K:\WP\White Slough\Hach\CC Hach PSA.doc 8/10/2015
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 20 , by and
between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and HACH
COMPANY (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for Nitrification
Control System (hereinafter "Project") as set forth in the Scope of Services attached
here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such
services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
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remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on August 5, 2015 and terminates upon
the completion of the Scope of Services or on August 4, 2018, whichever occurs first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional one
(1) two (2) -year extension; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
exercises any option under this paragraph, all other terms and conditions of this
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Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed five (5) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Prevailing Wage
The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division
2 of the Labor Code. The Contractor and any Subcontractor will pay the general
prevailing wage rate and other employer payments for health and welfare, pension,
vacation, travel time, and subsistence pay, apprenticeship or other training programs.
The responsibility for compliance with these Labor Code requirements is on the prime
contractor.
Section 3.3 Contractor Registration —Labor Code 41725.5
No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
Section 3.4 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.5 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
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Section 3.6 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
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injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
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To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Karen Honer, Wastewater Plant Superintendent
To CONTRACTOR: Hach Company
5600 Lindbergh Drive
Loveland, CO 80539
Attn: Michael Stroth
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
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Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License_ Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
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CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
JENNIFER M. FERRAIOLA
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
By:
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
HACH COMPANY
By:
Name
Title:
MICHAEL STROTH
REGIONAL SALES MANAGER
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 53053003.72359
(Business Unit & Account No.)
Doc ID:K:\WP\White Slough\Hach\HACH PSA.doc
CA:Rev.01.2015
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Exhibit A/B
Scope of Work
for the Nitrification Control Hardware Purchase and Installation at
White Slough Water Pollution Control Facility
The RTC -N purchase consists of the following:
• 1 — RTC -N Real Time Controller System (single channel)
• 2 - AmTax sc Ammonium Analyzer (2 -single channel)
• 2 - Filtrax Sample Filter and Conditioner (for each ammonia measurement location:
primary influent and primary effluent)
• 2 - Solitax (for mixed liquor suspended solids measurement)
• 2 - sc1000 Display & Probe Module with 6 sensor inputs (effluent ammonia, MLSS, and
influent ammonia)
• 1 - eWON cellular communication module
Pricing for purchase, installation, start-up programing, and training of staff:
• The cost of the nitrification monitoring and control hardware (RTC -N) is not to
exceed:
o $49,938 for a single aeration control system
o Sales tax = $3,986.40 (estimated at 8%)
o Freight = $1,000.00 (not to exceed)
o Subtotal = $54,924.40
• The cost of startup, programming, and end user training of the equipment:
o $5,193 (one-time fee for start-up/commissioning, off-site monitoring, time,
and travel)
Total for Nitrification Control Hardware Purchase and Installation: $60,117.40
Scope of Work
for Servicing RTC -N (AmTax, Filtrax, Solitax, and sc1000)
and Servicing the Existing AutoCat 9000 (chlorine analyzer) and
Ultraviolet Probe and Controller (UVASsc) Equipment at
White Slough Water Pollution Control Facility
The below pricing is for the service partnership to the City of Lodi for the RTC -N. The details of
the service are individually described in the included descriptions for RTC -N, AmTax, Filtrax,
Solitax, and sc1000.
• $38,426 - 3 year annual service agreement for RTC -N (including parts, labor & travel);
pricing includes an initial 3.5% discount followed by 3% increases in Year 2 and Year 3;
pricing as follows:
1. Year 1 invoice = $12,432 (includes a 3.5% discount off of list price of $12,883)
2. Year 2 Invoice = $12,805 (3% increase)
3. Year 3 Invoice = $13,189 (3% increase)
Service for RTC -N total for 3 years = $38,426
■ $27,578 - 2 additional years of service coverage for RTC -N (must be mutually agreed
upon by both parties prior to the start of Year 4); pricing as follows:
4. Year 4 = $13,585
5. Year 5 = $13,993
Service for RTC -N total for two years = $27,578
Service for RTC -N total for five years = $66,004
The below pricing is for the service partnership to the City of Lodi for the AutoCat 9000 and
UVASsc. The details of the service are individually described in the included descriptions for
AutoCat 9000 and UVASsc.
• $8,044 — pricing based on 3 year agreement; pricing as follows:
1. Year 1 = $2,602 (discount of 3.5% off of list)
2. Year 2 = $2,681
3. Year 3 = $2,761
Service for AutoCat 9000 and UVASsc total for 3 years = $8,044
• $5,773 - 2 additional years of service coverage (must be mutually agreed upon by both
parties prior to the start of Year 4); pricing as follows:
4. Year 4 = $2,844
5. Year 5 = $2,929
Service for AutoCat 9000 and UVASsc for 2 years = $5,773
Service for AutoCat 9000 and UVASsc total for five years = $13,817
Total service (RTC -N, AutoCat 9000, and UVASsc) for five years = $79,821
CERTIFIED PROGRAMS
RTC -N
Real Time Controller System
Field Service Partnership
Your Hach Real Time Controller (RTC) Field Service Partnership (FSP) provides an all inclusive services
solution to maximize the benefits associated with the RTC system. This package includes remote setup,
monitoring, optimization and reporting of system data. The FSP also includes complete coverage for the
individual components of the system, including parts, scheduled preventative maintenance visits and
unlimited priority technical support as outlined in this packet.
During the commissioning of the instrumentation the remote services tech support team will:
• Program initial system settings based on initial data set and system Information provided by the
customer
• Set up error and performance guard band alarms
• Program remote notification routing for system errors and warnings
Following commissioning the Remote Services Tech Support Team will access the system remotely
weekly for the first twelve weeks and monthly thereafter. During those remote sessions data will be
downloaded and evaluated the following will be performed:
• Confirm proper instrument configuration
• Check user programmed parameters
• Review customer data and provide suggestions for optimization to the customer and make
those changes if deemed appropriate by both support and the customer
• Respond to error and performance alarms
• Provide customer report stating the operational condition of the equipment and a summary of
operational data which includes but is not limited to: chemical consumption (dose), flow, and
pertinent instrument readings
In addition to the above, the FSP will include all of the following:
• All inclusive data plan and system security software for remote access
• Remote monitoring and response to error and performance alarms during normal business
hours (Monday thru Friday, 6:00 a.m. to 6:00 p.m. MST)
• Remote troubleshooting with technical support for the customer
• Remote software upgrades and bug fixes
CERTIFIED PROGRAMS
AmTax sc Ammonium Analyzer
Field Service Partnership
Your Hach AmTax sc Ammonium Field Service Partnership (FSP) provides all inclusive parts, two
scheduled periodic, preventative maintenance visits performed by a Hach Field Service Technician. The
FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special
priority toll free number that will be included with your Partnership documentation.
During the pre -scheduled site visit, your Hach Field Service Technician will complete:
VerfjFcatlon of instrument performance/Maintenance
• Perform limited instrument cleaning.
• Review and evaluate user programmed parameters.
• Verify all instrument connections (including initial evaluation of the network topography).
• Evaluate all instrument alarm and warning conditions (internal to your Hach instrument)
• Verify instrument operating voltages.
• Evaluate the reagent dispensation system.
• Review the detector operation.
• Evaluate, clean and replace as needed; magnetic sir bar, stirring motor and the filter pads
• Check electrode and replace membrane and electrolyte as needed
• Replace the tubing and fittings, as needed, at no additional charge
• Verify software and update as necessary
Repairs
• Perform required repair service including parts and labor as necessary
• Includes sending unit to the factory if unable to repair controller in the field at no additional charge.
This instrument will go to the head of the bench repair queue.
• Abuse or Acts of God not covered.
Reporting/CeKfJfcate of Performance
• Provide Hach Field Service Report with complete documentation of service performed and
measurements/readings.
• Issue Certificate of Instrument Performance for each instrument that successfully passes final
testing.
Training
• Provide basic end user training on general instrument operation and maintenance
(Advance notice required by the customer).
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CER rIFIED PROGRAMS
Filtrax Sample Filter & Conditioner
Field Service Partnership
Your Hach Flltrax Sample Filter & Conditioner Field Service Partnership (FSP) provides: all inclusive
parts and four scheduled preventative maintenance visits performed by a Hach Field Service Technician.
The FSP Partnership also includes all visits authorized by the Hach Technical Support Team and a special
priority toll free number that will be Included with your Partnership documentation.
During the pre -scheduled site visits, your Hach Field Service Technician will complete:
Verification of Instrument performance/Maintenance
• Perform limited instrument cleaning.
• Review and evaluate user programmed parameters.
• Verify all instrument connections
• Verify instrument operating voltages
• Evaluate air bubble cleaning dispensation system.
• Evaluate filter alarm and warning conditions (internal to your Hach instrument)
• Replace the tubing and fittings, as necessary, at no additional charge.
• Clean or replace filter modules
• Replace air pump every 2 years (manufactures recommendation)
• Verify software version and update as necessary
Repairs
• Perform required repair service including parts and labor as necessary
• Includes sending unit to the factory if unable to repair controller in the field at no additional charge.
This instrument will go to the head of the bench repair queue.
• Abuse or Acts of God not covered.
Reporting/Certificate of Performance
• Provide Hach Field Service Report with complete documentation of service performed and
measurements/readings.
• Issue Certificate of Instrument Performance for each instrument that successfully passes final
testing.
Training
• Provide basic end user training on general instrument operation and maintenance
(Advance notice required by the customer).
CERTIFIED PROGRAMS
Solitax
Field Service Partnership
Your Hach Solltax Field Service Partnership (FSP) provides: all inclusive parts and two scheduled
preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also
includes all visits authorized by the Hach Technical Support Team and a special priority toll free number
that will be included with your Partnership documentation.
During the pre -scheduled site visit, your Hach Field Service Technician will complete:
Verification of Instrument pediNmance/Maintenance
• Perform limited instrument cleaning.
• Review and evaluate user programmed parameters
• Evaluate all instrument alarm and warning conditions (internal to your Hach instrument)
• Verify instrument operating voltages
• Evaluate Hach supplied sample conditioning equipment and probe mounting devices
• Verify Sensor operation
• Calibration with StablCal Turbidity Standards or a sample specific calibration is performed.
• Replace wiper, wiper shaft 0 -rings; and fittings once a year or as necessary during each visit at no
additional charge.
• Verify software version and update as necessary
Repairs
• Perform required repair service including parts and labor as necessary
• Includes sending unit to the factory if unable to repair controller in the field at no additional charge.
This instrument will go to the head of the bench repair queue.
• Abuse or Acts of God not covered.
Reporting/Certlfirnte of Performance
• Provide Hach Field Service Report with complete documentation of service performed and
measurements/readings.
• Issue Certificate of Instrument Performance for each instrument that successfully passes final
testing.
Training
• Provide basic end user training on general instrument operation and maintenance
(Advance notice required from the customer.)
Hach.com/service
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CERTIFIED PROGRAMS
sc1000 Display & Probe Module
Field Service Partnership
Your Hach sc1000 Field Service Partnership (FSP) provides: all inclusive parts and one scheduled
preventative maintenance visits performed by a Hach Field Service Technician. The FSP Partnership also
includes all visits authorized by the Hach Technical Support Team and a special priority toll free number
that will be included with your Partnership documentation.
During the pre -scheduled site visit, your Hach Field Service Technician will complete:
Verlj%ation of Instrument performance/Maintenance
• Perform limited instrument cleaning
• Review and evaluate user programmed parameters
• Evaluate all instrument alarm and warning conditions (internal to your Hach instrument)
• Verify instrument operating voltages
• Perform diagnostics and communication to sc1000 sensors.
• Verify network communication via installed communication card.
• Calibrate recorder outputs for each sensor installed on the sc1000
• Verify relay setup & operation if applicable
• Verify software version and update as necessary
Repairs
• Perform required repair service including parts and labor as necessary
• Includes sending unit to the factory if unable to repair controller in the field at no additional charge.
This instrument will go to the head of the bench repair queue.
• Abuse or Acts of God not covered.
Reporting/CertiJicate of Per
• Provide Hach Field Service Report with complete documentation of service performed and
measurements/readings.
• Issue Certificate of Instrument Performance for each instrument that successfully passes final
testing.
Training
• Provide basic end user training on general instrument operation and maintenance
(Advance notice required from the customer.)
HACH
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CERTIFIED PROGRAMS
UVASsc Organic Sensor
Field Service Partnership
Your Hach UVASsc Organic Sensor Field Service Partnership (FSP) provides all-inclusive parts, two
scheduled periodic preventative maintenance visits performed by a Hach Field Service Technician. The
FSP Partnership also includes all visits authorized by our Hach Technical Support Team. To contact your
Hach Technical Support Team call the Special Priority toll free number, this is included with your
Partnership documentation. Call technical support to trouble shoot your specific instrument. Please
have your contract#, Model# & Serial# available when you call.
During the pre -scheduled site visits your Hach Field Service Technician will review and evaluate the
following:
• Hach supplied sample conditioning equipment and probe mounting devices
• Sensor operation
• User programmed parameters and software revision
• All instrument alarm and warning conditions (internal to your Hach instrument)
• Instrument operating voltages
In addhion to the items above, your Hach Manager/Associate will:
• Perform necessary repairs
• Calibrate the sensor with the Organic light filter standard or a sample specific calibration is
performed.
• Replace wiper, wiper shaft O -rings and fittings once a year or as necessary during each visit at no
additional charge.
• Provide end user training on instrument operation and maintenance (Advance notice required.)
• Provide Hach Field Service Report with complete documentation of service performed.
• Certificate of Instrument Performance for each instrument that successfully passes final testing.
• Includes sending unit to the factory if unable to repair sensor in the field at no additional charge.
This instrument will go to the head of the bench repair queue.
• Perform limited instrument cleaning.
• Abuse or Acts of God not covered.
AutoCat 9000
Field Service Partnership
Y[nrr Iiach AutoCA 909 Pialtt Rorvice Partnership (PSP) providm alt 'IRO laiYe path, two
achccluted periudie, prevcntafivL mainttnrancc viartn performed by a iiach 'iHaid Snviso
ManngerlAssuciam The FSP Partttctship also includua flit vimits Rutlurrlud by ow )b oh
Tachnicni Support 'Ica m.'1,0 contact your IIachTOC hi, iCei Supp art 'i'cam cull Mita SPCOW Ptiarltjr
tall ftw raw6w, this is Included with your Pavimralap documentation. Call toeimicat SUPPwt tO
tum Me *Wot your apecifla teabwwd. Plcasv Iwo your contract#, Model# & ftadat# avallable
when you sail.
Doing the two pw-wb dined due vlata yea: Hach Field UrAw MenapdAunm to will mViotn
sae mahute dw fell"bw
• Cleaning and inspeetioa of die AuWat 9W.
• Lapeatioa of an cemm a UMV&
• Imp•cum of ills sore to SUM&
• All AWnCat sk m wd wwm* eaeditwm (atemd in, your Ermh in* m")t
• AmInCat 9M epaadog voltagem
he siMm to dw OlAtste ebew. yer M& r*mwwr gw "91
• Ansaaft ieplso• valve /abet on roWng vaMe. boom stand, and Udft as need4 at m
additional Goat.
• Fafbret a limited deaeiog of bUtIM00 t.
• ve ft meanwal opo won of ayobme
• Provide and use tmift on bmuwmm opa mdm and mamtataoee (Advaaoe mattes
raqWrod).
• Ca 6fi m" of fit hummt Perform oe for am& indmment tbst mmallfift Pr goal
taeedoz
• Irtoluda aeadiog Omit to the trctary if unable to repair mehttmmt m the tiehi st m sddilionel
&Ole, 7bb imhmma will gut to the head of the btmoh tepsir spate.
Mbf%OL NWAWdr
Exhibit C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this
Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any
subcontractor performing work covered by this Agreement from claims for damages for personal injury, including
accidental death, as well as from claims for property damages, which may arise from Contractor's operations under
this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or
indirectly employed by either of them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury — Per Person;
$1,000,000 Bodily Injury— Per Accident;
$1,000,000 Property Damage — Per Accident; or
$1,000,000 Combined Single Limits
Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles)
operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00
01 12 90, or a later version of this form, or an equivalent form providing equivalent liability coverage.
All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,
agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk
Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing
any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied
by either the Named Insured(s) or the City of Lodi.
It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore,
the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Contractor; whichever is greater.
Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims
period following termination of coverage which is at least consistent with the claims period or statutes of limitations
found in the California Tort Claims Act (California Government Code Section 810 et seq.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or equivalent form) such insurance as is
afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions,
officers, agents, employees, and volunteers as additional named insureds.
(b) Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will
not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20
01 0413.
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West
Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an
endorsement, a description of thern oiect that it is insuring.
Page 1 1 of 2 pages �� Risk: rev.03.2014
Insurance Requirements for Contractor (continued)
(c) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or
excess insurance. Any umbrella or excess insurance of Contractor 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
before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured
shall not operate to increase the limit of the company's liability.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi,
CA 95240.
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days
prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor
shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's
insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and
immediately obtain replacement insurance.
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with
interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The
City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount
paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest
on the first (15) day of the month following the City's notice. Notwithstanding and other provision of this
Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails
to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities.
(h) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are
acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any
work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all
of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case
any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected
under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to
provide insurance for the protection of said employees. A waiver of subrogation is required for workers
compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA
95240.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
Page 2 1 of 2 pages Risk: rev.03.2014
HACH COMPANY 1 5600 Lindbergh Drive I PO Box 389 1 Loveland, Colorado 80539 1 P 970 669.3050 1 F 970 669 2932 1 hach.com
June 2, 2015
White Slough Water Pollution Control
City of Lodi
2001 Turner Road
Lodi, CA 95242
June 5, 2015
Re: Sole Source for Hach RTC Nitrification Controller
To Whom It May Concern:
Hach Company and the White Slough Water Pollution Control are partnering to integrate technology
known as the RTC103 Nitrification Controller. The system is designed to reduce the energy consumption
of wastewater aeration while simultaneously controlling the nitrification rate of the system, thus
reducing the potential for ammonia violations. The system is a combination of Hardware and Software
that can fully integrate with the plant SCADA system using predetermined configuration that is operator
friendly.
Hach Company is the sole source of the RTC Nitrification Control System, which integrates Hach's Amtax
sc ammonia analyzers, Filtrax sample filtration systems, sc1000 multiparameter digital controllers, and
the Real Time Control (RTC) with specially designed control algorithms. The Hach RTC system will fully
integrate with the existing plant instrumentation and WIMS Data Management Program. In addition,
we are including on-site commissioning and preventative maintenance, which will coincide with your
existing Hach Field Service Partnership.
As a result of Hach Company's unique technology of combining hardware with software to control
process equipment to comply with the state and federal government's regulations is known throughout
the industry for their effectiveness and consistent results.
Contact Michael Stroth, your Regional Sales Manager if you have further questions or concerns about
this matter.
Best Regards,
Hach Company
RESOLUTION NO. 2015-141
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A THREE-YEAR PROFESSIONAL
SERVICES AGREEMENT FOR THE PURCHASE AND SERVICE OF A
NITRIFICATION CONTROL SYSTEM AT WHITE SLOUGH WATER
POLLUTION CONTROL FACILITY AND FURTHER AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO EXECUTE A TWO-YEAR EXTENSION
WHEREAS, the RTC Nitrification Control System is designed to reduce the energy
consumption of wastewater aeration while simultaneously controlling the nitrification rate of the
system, thus reducing the potential for ammonia violations; and
WHEREAS, Hach Company, of Loveland, Colorado, is the sole source provider of the
RTC Nitrification Control System; and
WHEREAS, staff recommends authorizing the City Manager to execute a three-year
Professional Services Agreement with Hach Company for purchase and service of a RTC -103
Nitrification Control System for White Slough Water Pollution Control Facility, in an amount not
to exceed $106,588 for the three-year period; and
WHEREAS, staff further recommends authorizing the Public Works Director to execute a
two-year extension for Fiscal Years 2018/19 and 2019/20, in an amount not to exceed $33,351
for the two-year extension period.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a three-year Professional Services Agreement with
Hach Company, of Loveland, Colorado, for purchase and service of a RTC -103 Nitrification
Control System for White Slough Water Pollution Control Facility, in an amount not to exceed
$106,588 for the three-year period; and
BE IT FURTHER RESOLVED that the City Council hereby authorizes the Public Works
Director to execute a two-year extension for Fiscal Years 2018/19 and 2019/20, in an amount
not to exceed $33,351 for the two-year period.
Dated: August 19, 2015
I hereby certify that Resolution No. 2015-141 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 19, 2015, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None �.
. FERRAIOLO
�itNNIFERZ
y Clerk
2015-141