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HomeMy WebLinkAboutAgenda Report - February 3, 2021 C-09AGENDA ITEM 12.1 6? CITY OF ILODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Power Centric Solutions, LLC of Gallatin, TN for Lodi Electric Utility Engineering System Study Services and Authorizing Appropriation of Funds ($75,000) MEETING DATE: February 3, 2021 PREPARED BY: Electric Utility Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Power Centric Solutions, LLC of Gallatin, TN for Lodi Electric Utility Engineering System Study Services and authorizing the appropriation of funds in an amount not -to -exceed $75,000. BACKGROUND INFORMATION: Lodi Electric Utility (LEU) is currently working with Power Centric Solutions to perform a third party, comprehensive study on its distribution system. In August 2020, Council approved a Professional Services Agreement with Power Centric Solutions in the amount of $49,600 for engineering system study services to update LEU's existing distribution system circuit model and analyze available load serving capabilities in addition to a number of other tasks. LEU is now requesting assistance from Power Centric Solutions to expand their existing engineering work efforts to include performing updated system loss studies, supporting the integration of LEU's engineering software to the new ESRI GIS platform, performing engineering interconnection studies as needed, and providing other engineering expertise to support LEU. It is anticipated this additional work, not -to -exceed $75,000, will take place over the next two years therefore extending the need for services from Power Centric Solutions through December 2022. FISCAL IMPACT: Not -to -exceed amount of $75,000. FUNDING AVAILABLE: Staff is requesting an appropriation from Fund 500 to Account No. 50061500.72450 in the amount of $75,000 for the additional services. Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director Jeff Berkheimer Electric Utility Director APPF AMENDMENT NO. 1 POWER CENTRIC SOLUTIONS, LLC PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of , 2021, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and POWER CENTRIC SOLUTIONS, LLC, a Tennessee limited liability company (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on August 27, 2020 (the "Agreement'), as set forth in Exhibit 1, attached hereto and made part of; and 2. WHEREAS, CITY now requests to increase the fees by an additional $75,000, for a total amount of $124,600, and amend the Scope of Services, as set forth in Exhibit 2, attached hereto and made part of; and 3. WHEREAS, CITY now requests to extend the term of the Agreement through December 31, 2022; and 4. WHEREAS, CONTRACTOR agrees to the amendments set forth above. NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation POWER CENTRIC SOLUTIONS, LLC, a limited liability company STEPHEN SCHWABAUER City Manager Attest: JENNIFER CUSMIR, City Clerk Approved as to Form: JANICE D. MAGDICH, City Attorney jdm Tammy A. Baxter President & CEO EXHIBIT 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOS Section 1.1 Parties THIS AGREEMENT is entered into an 2020, by and between the CITY OF LODI, a municipal corporation (here after `CITY"), and POWER CENTRIC SOLUTIONS, LLC, a Tennessee limited liability company (hereinafter "CONTRACTOR"). Section 1.2 Pu. rnoae 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 Lodi Electric Utility System Study (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 Tlf le 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 1 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 September 1, 2020 and terminates upon the completion of the Scope of Services or on June 30, 2021, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work Is approved in advance and in writing by CITY. Section 3.2 Method_ of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, Individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and In writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under Investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROV 5#ONS 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 Conz Bance 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. Sectlon 4.3 Indemnification and Responsibility for I]amage CONTRACTOR to the fullest extent permitted by law, shall Indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those Injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate In the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in Its own defense, or obtain Independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, Including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the Insurance obligations set forth herein. Section 4.4 Consequential Losses and Limitation of Llabiilty Neither CITY nor CONTRACTOR nor either party's suppliers, agents, officers, and directors shall have any liability to the other party or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including but not limited to loss of revenue or profit, failure to realize anticipated profits or savings, loss of or damage to data or other commercial or economic loss. 4 Excluding CONTRACTOR'S Indemnification obligations with respect to Section 4.3 Indemnification and Responsibility far Damage, the CITY agrees to limit the CONTRACTOR'S liability to $1 M per occurrence and $2M in aggregate. Section 4.6 Standard of Care CONTRACTOR agrees to perform Its services in the care and skill conformity with the professional and technical standards of reasonable care, skill, prudence, and diligence ordinarily used and exercised by members of the engineering profession who are familiar with projects of the same type, nature, complexity, and size. CONTRACTOR agrees to re -perform non -conforming or substandard work at no additional cost. Section 4.6 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 4.7 Rpsponaibllity 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 4.8 I sur nco Re ul e e tis 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 4.9 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 4.10 Notirges 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 cerlified mail, postage prepaid, addressed to the respective parties as follows: k, To CITY: City of Lodi 221 West Pine Street P.O, Box 3006 Lodi, CA 95241-1910 Attn: Jeff Berkheimer, Electric Utility Director To CONTRACTOR: Keith Mullen, Principal & Vice President P.O. Box 247 Gallatin, TN 37066-0247 Section 4.11 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 4.12 CONTRACTQR 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 4.13 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 conceming 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 worts 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 4.14 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 6 CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.16 A I�p� fcabla LLw Jurisdictlon. 5everybIlity, gnd--Attornay's Foes 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 4.16 CItV Business License Re uirement --- CONTRACTOR acknowledges-, that- Lodl- -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 4.17 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 4.18 I_ntearatlon 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 4.18 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. 7 Section 4.20 Severabillty 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 4.21 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to Inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all Information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.22 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.23 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. 8 ATTEST: AEtA #a4 t Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney CITY OF LODI, a municipal corporation Steve Schwabauer STEPHEN SCHWABAUER City Manager POWER CENTRIC SOLUTIONS, LLC a limited liability company h Janice D. Magdic By: gY: a jdm Name: Tommy?CEO ` Tide: President Attachments; Exhibit A - Scope of Services Exhlb.ItB—Fno Proposal Exhibit C - Insurance Requirements Exhibit D — Fedora Transit Funding Conditions (If sppllcoble) Funding Source; 50061500.72450 (Bus Inoue Unit & Account No.) Doc ID: ftRev.01.E013 Power Centric Solutions, LLC PO Box 247 Gallatin, TN 37066-0247 615-804-6316 Keith Mullen, Principal & Vice President kmullen@pwrcentrlc.com EXHIBIT A/B SCOPE OF WORK AND COST PROPOSAL LODI ELECTRIC UTILITY LODI ELECTRIC SYSTEM STUDY Project Description: This project provides an engineering assessment of the operational flexibility and safety of the distribution facilities with the preparation of the system analysis detailed herein. The evaluation Includes updating the City of Lodi Electric Utility's (LEU) WlndMll model, performing system analyses to - determine facllitycapaeltyllmitatlons-at=the-most recent-peak=and N=l-contingencies; optlmlzing-capacitor placement, coordinating line protective devices, and calculating arc energy levels on the system. 1. Services of Power Centric Solutions, LLC A. The specific services to be provided or furnished are as follows: 1. Meet at LEU's office to kick-off the project and review the following; a. Project execution b. Collect/review Information requested C. Discuss/flnallze planning criteria to be used In the system analysis d. Document distribution configurations In the engineering model for the N-1 distribution system contingencies being Investigated (i.e. loss of feeder breaker or exit circuit conductor) e. Review the existing capacitor ratings, control systems and operations, and power factor goals f. Review existing distribution protective devices, protection scheme, and reliability concerns g. Discuss Internal arc flash safety standards, and recent changes to arc flash standards and the Impacts on analysis 2. While on-site, work with LEU to update the system model for analysis based on staff knowledge, This Includes confirming feeder configurations and loads for the most recent peak, updating equipment types, sizes, settings, and locations, and adding In customer billing for load allocation. This document Is a MODIFIED verelon of EJCDCO F,505, Copyright © 3015 by the National Society of Profeselonal Engineers, American Council of Engineering Companks, and American Society of Civil Engineers, or Is tiered In part on excerpts from copyrighted EJCDC documents. Those portkne of the text that originated in copyrighted EJCDC documents remain subject to the copyright. Page 1 3. Utilize the WindMil model of LEU's distribution system to assess performance of the existing facilities at the most recent system peak In the normal and N-1 contingency configurations. Summarize the analysis and review with LEU to collaborate on required facility upgrades/replacements. Estimated budgets for required distribution facility upgrades will be provided by LEU. 4. Utilize the WlndMll model of LEU's distribution system to assess the location and size of existing line capacitors at the most recent system peak and minimum load conditions, and propose relocations or additions of fixed and switched capacitors if required. Prepare a summary of the recommendations and review with LEU. Estimated budgets for required distribution facility upgrades will be provided by LEU. 5. Utilize the WindMll model of LEU's distribution system and LlghtTable to analytically test the coordination of the existing protective devices (feeder relays, line reclosers and first line fuses) and alignment with LEU's protection scheme at the calculated available faults. If required, propose relocations, additions or modlflcations of protective devices/settings to Improve coordination, promote standardization, and reduce arc energy levels. Test the recommendations In the WlndMll -- --model and-LightTablei and prepare a summary -of the`recommendations and review with LEU: - - - — '- 6. Utilize the WlndMll model of LEU's distribution system to evaluate the arc energy levels based on the existing protection scheme and recommendations from the coordination assessment, and applicable industry standards including IEEE 1584, NESC 410.A.3, OSHA §1910.269, and NFPA 70E. Prepare a summary of the analysis and proposed mitigations, and review with LEU. 7. Prepare a draft report based on the feedback from LEU on the project analysis, and submit for LEU review. Meet at LEU's office to review the recommendations with stakeholders and collect feedback on the draft report to Incorporate In the final document. Prepare the final document, and deliver electronic copies of the report and study flies. The final document will Include the following; a. Executive Summary b. Data and Assumptions c. System Normal and N-1 Analysis and Recommendations d. Capacitor Placement Evaluation and Recommendations e. Protective Device Coordination Assessment and Recommendations f. Arc Flash Assessment and Proposed Mitigations g. Appendices (Maps, TCCs, Estimates, etc.) B. All the services Included above comprise services for purposes of compensation underthls Scope of Work. Tit# ilDmment b a MODIFIED wrston of EJCDCs E -Mg. Copyrl`htO 2015 by the National gaaiety or Prollmleaat Englaetm Amerfean Cannell ofF.nglnceriny CompanIm and Ametic an Society of CIA Enyineera, or la based In pari on oaeorpta from copyr[ghted EJCDC ducumento. Thow part le no of the text that arIgIMCod la copyrighted EJC DC doeumen11 remain AVbj0et to the copyrlghf. Page 2 2. Additional Services A. Additional Services that maybe required, but are not Included above, can be provided for additional compensation. The potential Additional Services are as follows: 1. Preparation of an Electric System Master Plan Including the assessments detailed herein and the following: a. 10 -year forecast of system peak loads and DER/EV penetration b. System strategic plan and 5 -year CIP 2. DER/EV Impacts & hosting capacity analysts 3. Presentation of device coordination recommendations, arc flash calculation methods and findings, and Impacts on system reliability and safe working practices to engineering and operational staff 3. LEU's Responsibilities LEU shall provide the Information requested In Section 2A, portlelpats In meetings, and provide requested feedback on project deliverables In a timely manner. 4. Schedule Upon contract approval and timely delivery of the data requested, Power Centric Solutions, LLC will complete the Electric System Studies within 120 business days. Changes In schedule and project details may be made only through mutual agreement between Power Centric Solutions, LLC and LEU, and subject to LEU's approval. S. Pricing LEU shall pay Power Centric Solutions, LLC a Lump Sum amount not -to -exceed Forty -Nine Thousand Six Hundred Dollars ($49,600) for the specified category of services as detailed above, assuming the breakdown shown in the table below. Kick-off Meeting & Model Updates System Normal & N-1 Analysis Capacitor Placement_ Device Coordination Arc Flash Study Draft & Final Reports/Review Meet;n TOTAL $9,900 $6,300 $6,300 $9,900 $9,900 57,300 — $49,600 This doe umaaI k a MODIFIED rerelon of FJCDCa E -M, Copyriot a 2013 by the Nathmat 8oekly of Professional Seglnoern, American Ceaacll orxLiginecrlag Companies, and Amerksn Society of Civil Engineeve, or In based is part an excerpts from copyrighted V ICDC ducumon ea. Tho" part tan a of the lost that or%laeled in copyrighted FJCDC documents rem alitsrbject to Be copyright. Page 3 • The Lump Sum constitutes full and complete compensation for Power Centric Solutions, LLC services In the specified category, Including labor costs, overhead, profit, expenses, and Consultant charges. Expenses Include transportation (Including mileage), lodging, and subsistence Incidental thereto; courier charges; reproduction of reports, Drawings, Specifications, and similar Speclflc Project -related Items. These expenses are not reimbursable under the Lump Sum method. The portion of the Lump Sum amount billed for services will be based upon an estimate of the proportion of the total services completed during the billing period to the Lump Sum. This document Is a MODIFIED version or EJCDCe E-303, Copyright O 2015 by the National Society or Proftadonal EngleceM American Council orEngineerbeg Companles, end American Society of Civil Englaeero, orb based In part on excerpts from copyrighted EJCDC documents. Those portions of the feet the t orlglnated In copyrighted EJCDC doeuments remain subject to the copyright. Pare 4 EXHIBIT C NOTE: Me C1W of Lodi k now using ft online Insurance program PfN3 Advantage Once you have been aw nfed a coratroctyou Wit fetelve ern safari from ON CI('s onlIna Insurance proQnm requesting you to brwerd rice emsg fo you► Insuranceprovldsifs) toaubmttthe mqulredlrrsursnce documen4Von electronkofly Contractor shall procure and maintain for the duration of the contract Insurance against claims for Injuries to persons or damages 10 property which may arise from or In connection with the performance of the work hereunder and the results of that wore by the Contractor, his agents, represantativea, employees or suboontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial Osnersl Ltxblllty (CGI.): insurance Servloes Offloe Form CG 00 01 Covering CGI, on an "occurrence" baste, Including products and completed operations, property demkga, bodily injury and personal & advertising Injury with Ilmlis no lees than $4,000,000 per occurrence, If a general aggregate Ilmlt applles, efthor the general aggregate IIrnh shall apply separately to this prole otAoes11on (ISD CG 25 03 or 25 04) or the general aggregate IIMI l ehA11 be iwloa tate faquIre d ocourmnoo IIra It. 2. Automobile Liability. ISO Form Number CA 00 01 covering any auto or If Contractor has no owned autos, then hired, and non - owned autos with limit no lass than $1.000,000 per accident far bodily Injury and property damage. 3. Workers' Compensalton- as required by the Stats of Callfomle, with Statutory Limits, and Employers Usblllty Insurance with limit of no lase than $1,000,000 per accident for bodily Injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Coneutiant'a profession, with limb not lees than $1,000,000 per occurrence or clam, $2,000,040 aggregate. May be waived by Rlak Manager depending on the scope of services. (a) n The City of Lodl, Ile elected and appointed boards, aommlWons, officers, agents, employees, and volunteers are to be covered es additional Insured a on the COL and auto panty with respecl to IIsbIIity arim Ing out of work or cps ratlone performed by or on behalf of the Contractor Inciuding materials, poria, or equipment furnished In connedlon wilh ouch work or operallons. General linbillty coverage can be provided In the form of en endorsement to the Cantractoem Insurance (at least as broad as ISO f=orm Cil 20 10 1186 or If net available, through the additlon of both CG 20 10, CG 20 2a, CG 20 33, or CG 20 38; IM CG 20 37 If a lBier adIVon is used (b) Ptifimand.. Ion-CoNributnry insylgaG.g..Enggrsemr ort The Itm[te of Insurance coverage required may he satisfied by a combination of primary and umbrella or excess Insurance. For any dolma related to this contract, the Contractor's Insurance coverage shalt be primary coverage at least as broad as ISO CO 20 0104 13 a respects the Entity, Its officers, offldels, emplo)ees, and volunteers, Any Insurance or seff neurance maintained by the Entity, Its of vers, officials, employees, or volunteers shall be excess of the Contractors (neurance and shall not ocntrlbute with It. (c) WAIVer of Suhraaaltor Contractor hereby grants to Clty of Lodl a waiver of any right to subrogallon which any Insurer of sold Contraclor may acquire against the City of LodI by virtue of the payment of any to Be under such Insurance, Contractor agrees to obtain any endorsement that may be noeessery to affect thIswaivwof aubrogaton, but thim provision applies ragird leas of whether or not the City of LodI hoe received a waiver of aubrogatlon endorsement from the Inaumr NOTE: (t) The street address of the g1rL 2E.Lgin must be shown along with (a) and (b) end (o) above; 221 West Plne Street, Lod[, California, 95240; (2) The Insuranoe certificate must atste, on Its face or as an endorsement, a descdptlon of the gMJW that ft Is Insuring, (d) 5�rh1litv_ofJnlemai Clause The term "Insured" Is used savarelly and not collectivity, but the Inclusion herein of more than one Insured shall not operate to Increase the Iknh of the mrnpeny'a liability underthe Contractors oommardel general liability and automobile liability policies, (e) Notice of, Qanceltallon gr rghAn a in Coverage This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notlos of such cancellation or reduction In coverage to the Rlak Manager, CItY of Lod 1.221 West Flne St, Lod 1, CA 90240. Page 1 I of 2 pages ��� �µ Risk: rev. 311/2018 Signature: r.7&/LiGI1_- , l,�r,,lir li iitfiq lf,, pll1lS'.A7 P111'I Email: jmagdich@lodi.gov Signature: =11 - Email: sschwabauer@lodi.gov (t) Continuuv ai Gcpggg All pollolas ahsll be In effect on or before Ilia f rat day of Hie Tdm, of thle Agmoment. Al leant lhidy(30) days prior to the expiration of each lneumnce policy, Contractar shall furnish a carllfrcat@(s) shooting that a new or extended policy has been obtained which meet& ilia minimum raqulromentrt of this Agreemant, Contractor shell provide proof of oondnuing Insurance on at hast an annual baaIs during I h a Term. If Contractoi'a Ina urenca Iap3as or is disco ntlnuad for any reaRan, Con trader ah911 immediately nodty the City end immediately obAln rap IsonmanI Insurance. CcntrAclof sgraaa and aUpuiale a Ihal any Inaurenoo oovarsga provided to the City of Le all shall provide fora Oelma p6rtod falfowing termination of covamga which is at least conalstentwith the cis m# period or Atatules of IlmItoIIons Found In the California Tort Clalme Act (Callfomis Cava mman( Coda 8acHon 810 at Sect,). (g1 Failure tttSe.4.A11t}]t If Contactor fella or refuses to obtaln and molntoin the required insurance, or falls to provkla proof of coverage, the Cily may obtain lho insurance. Contractor shall reimburse the CI(yfor premiums paid, with Inlareat on the premium paid by the City at the maximum alkrHa6le logsl rete then in effect In Callfamis. The City shall nosily Contractor of such payment of premlume within thirty (30)days a payment elating the amount pard, Iha nama(a) of Iha Insurer(@), and role of Intereet. Cant raclar shall pay such mlmhumamerit and interest on the 1Sml (oat) day of the month following the Cily/s nellco. Notwithntanding any 0thnr pmvlaion of this Agreement, If Contractor falls or mfueait to obtain or ma In in In inauran 06 as mqulrad by this agroamant, or fable to provide proot al Insursnce, I h a C1ly may torminale ]hie Agreement upon aurtr breach, Upon suCh termination, Ccnlmclef she ImmedIalely cease use of the Silo or fodlhtee and commence and dlll8ently pureua the removal of any and all of Ib personal praparty from the alto or facilities. (h) Y�.d(lr�tLl4t�etG.t�� ConeuItanI IhnH him!ah I h a City with a copy of the policy dodoraIla n and arndoMai manI page(a), nrig; nnl oedificaLoa and emendatory endorsements a coplee of the applicahto polity larguega araellog Covorog0 roqutrad by INN clause. Ali cerflProtee end andorsemnnto am to be tocoIva d and approved by (ha Clly before wank mnvnencca. However, fail um to obtoIn the raqulnd documants prior to Iha work beginning ahall not waIva I h a C0nIultanVs ohllgof[on In provide them. The City toaervea the right to reaufra camplate, Cenliled Coplea of all required insurance pol101es, including endoraonwnto requlrad by these oped$cAHons, et any time. Failure to axarclee this right atrsll not con&tttute ■ waiver of the City's right to oxerciea after the sfroct]ve dote. tl) �.g1L•lIlsuf4.dR4tentiona ' Self -Insured mlanflons muaI adoodamd to and approved by the CIly. The Clly may require the CcnIUIts nt to provlda proof of abRlty 10 pay 300866 and raloted Inveatigotlons, claim &dminl6traBon, and defense axpensae whin the retention. The potoy lianguoge shall provide, o ba endorsed to provida, thnI the Rol f-Maured nate nlion may ha aa(laRed by aIlharthe nomad tn6umd c City. Tho limits of Insurance deeodbed herein shell not limit the Ilahlflty of the Contractor and Contmetors off"m, employees, agents, representatives or nuhcAnnlmclorn. Conlroclo?a obligation to defond, Indomnlfy and hold the City and Ile o tcors, officials, employees, Agents and voluntoom homiless under the provlelone of this paragraph Is not Ilmiled to or restricted by any requirement In the Agreement for Contnoctor to procure and melninin a policy oflnatire nae, (k) 2,v.*j; Oi=M Consultant shell require and verly, that nit subcontractor$ msintoln Insurance meeting all the requirements staled herein, and Consultant shall ensure that City is an oddillonnl insured on Inaarenoo required from subcontractor@ (II Giuirua.[�atLe_EO1fsd�[l If any of the required policies pmvfde coverag© an a clelm9•medo baal6: t. The Retroactive Date must be shown and must be before the data of the contractor the beginning of conlract work. 2, Insurance must be maintained and evidence of Insurance mutt be provided for at 40311 No (5) years after cafnptellan of the contraot of work. 3. If cavarage fa canceled or non-renewert, end not replaced with another dolma -mods policy form Wth a Retroactive Date prior to the contrail eHacUve dote, the Conaultant must purchoue `extended reporting" aover@ge for a minimum of five (6) yanre after Dom pl0tlan a ccntrncl work. (m) �illfins�l��ul�at[s.1 At Ina urarice requlrM by I h a terms or this AgroamenI must be provided by Inwrem Iits nos d to do buelneas In the State of CeHrornta whloh are rated at toast -A-, W by the AM Beat Relinpe Gulda, and which are acceptable to tho City. Non-admlllad aurplua [In as cArdara may be aoceptod provided Ihoy are Included en the moat recant I%I of Call fomla 0%Ible eurplua 11noa Insurers (LESLI list) and alhoWne most City requirement$ Signature. email: jmagdlch@lodl.gov Page 21 of 2 pages I Risk; my. 3/1/2018 PowEa CENTRIC SOLUT/O_ December 31, 2020 Jeff Berkheimer Electric Utility Director City of Lodi Electric Utility Department 1331 S Ham Ln Lodi, CA 95242 Dear Mr. Berkheimer, The City of Lodi Electric Utility Department (LEUD) has requested Power Centric Solutions (PCS) submit this proposal to provide as -needed engineering and design services. Initial discussions have focused on the tasks listed below; however, this is not intended to limit requested services to be provided by the PCS team. The PCS team shall provide general engineering and design services requested by LEUD under our existing contract dated August 27, 2020 on an hourly basis that have been mutually agreed on in writing prior to execution. The initial tasks discussed are presented below and include potential services the PCS team can provide to support the LEUD staff and proposed budget ranges. Further discussions with LEUD will be required to determine the scope of services, and the estimated hours and budget to complete each task requested. TASK 1: RELAY SETTINGS FILES PCS has prepared a protective device coordination study for the LEUD distribution system, which included recommended relay setting adjustments for substation and line devices. PCS can provide the following services to support LEUD with the implementation of the study recommendations. • Prepare relay settings files for the transformer and feeder breakers at Henning, Killelea and McLane substations • Provide oversite on contracting/programming/testing for the implementation of the new settings TASK 2: INDUSTRIAL SUBSTATION RELAY REPLACEMENTS LEUD is proposing to replace the existing relays at Industrial Substation with modern digital relays from Schweitzer. PCS can provide the following services to support LEUD with the relay replacements. • Planning/coordination assistance with PG&E • Design for required modifications to relay panels and control wiring • Develop SEL relay settings based on the recommendation from the coordination study • Provide oversite on contracting/programming/testing for the implementation of the new relays • Assistance integrating the new relays with LEUD's existing SCADA system PO Box 24/ / Galkitin, TN 37000 / pov��ree.ntiiesoii_rii��ns.com TASK 3: SYSTEM LOSS STUDY PCS can evaluate the LEUD system losses based on the detailed WinclMil model prepared for the recent system studies. PCS will aggregate the losses for each of the main components of the distribution system (i.e. substation transformers, line, distribution transformers, secondary), and provide a letter summary of the findings. The WindMil model and other supporting documentation will be provided in electronic format at the completion of the study. TASK 4: ESRI MAP ASSISTANCE LEUD is working with Esri to develop a GIS of the existing distribution system. The new GIS will be the primary record of the electric system assets, and provide the data required to keep the WindMil engineering model up-to-date. The following is a sampling of the assistance PCS can provide related to the GIS development. Identification of the modeling/interface requirements for WindMil • General guidance based on experience with other utilities on industry standards and interfaces with GIS • Participation in project calls with Esri • Review and troubleshooting project deliverables TASK S: MCLANE SCADA ASSISTANCE McLane Substation is not integrated into LEUD's existing SCADA system. The following is a sampling of the assistance PCS can provide related to SCADA integration. • Update the SCADA database to add the new status, control and analog points including scaling and alarm configuration. • Update SCADA displays and historical data sets to reflect the new status, control, and analog points • Assistance with commissioning and testing the new additions TASK 6: GENERAL ENGINEERING In addition to the tasks identified above, LEUD may request from the PCS team general engineering and design services as needed. Fee The proposed range of general engineering and design services meets LEUD's initial budget funding offer of $75,000. The services are to be provided under the existing contract terms dated August 27, 2020. Acceptance of the proposal will increase the overall approved budget funding to $125,000. LEUD shall pay for the general engineering and design services requested the amount equal to the cumulative hours charged to the Specific Project by each PCS employee times Standard Hourly Rates for PO Box 247 / Gallatin, TN X7006 / po�Nprcentiicsolutions.com each applicable billing class. In addition, PCs shall also be entitled to reimbursement for Specific Project - related expenses. Hourly rates as of the effective date of this document are as follows: Clerical Designer Senior Designer Engineer Lead Engineer Project Manager Senior Engineer Senior Project Manager $72 per hour $105 per hour $121 per hour $138 per hour $165 per hour $165 per hour $204 per hour $204 per hour Closing We thank you for the opportunity to continue supporting the City of Lodi Electric Utility Department. Should you have any questions or require additional information, please contact me at (615) 804-6316 or at kmullen@pwrcentric.com. POWER CENTRIC SOLUTIONS, LLC Keith Mullen Principal & Vice President Signature: Jaz Lly 94D!'2h JankeM Mugdich (Jan G, AD I ISAN PSTJ Email: jmagdich@lodi.gov PCO Box 247 / Gallalin, TN 37066 i povuercr�ntiicsolulions.coi7i RESOLUTION NO. 2021-27 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH POWER CENTRIC SOLUTIONS, LLC, OF GALLATIN, TENNESSEE, FOR LODI ELECTRIC UTILITY ENGINEERING SYSTEM STUDY SERVICES; AND FURTHER APPROPRIATING FUNDS WHEREAS, Lodi Electric Utility (LEU) is currently working with Power Centric Solutions to perform a third party, comprehensive study on its distribution system; and WHEREAS, in August 2020, Council approved a Professional Services Agreement with Power Centric Solutions, in the amount of $49,600, for engineering system study services to update LEU's existing distribution system circuit model and analyze available load serving capabilities, in addition to a number of other tasks; and WHEREAS, LEU is now requesting assistance from Power Centric Solutions to expand their existing engineering work efforts to include performing updated system loss studies, supporting the integration of LEU's engineering software to the new ESRI GIS platform, performing engineering interconnection studies as needed, and providing other engineering expertise to support LEU; and WHEREAS, it is anticipated this additional work, in an amount not to exceed $75,000, will take place over the next two years, therefore extending the need for services from Power Centric Solutions through December 2022; and WHEREAS, staff recommends the City Council appropriate funds in the amount of $75,000 from the Electric Utility Operating Fund Balance (Fund 500) to account 50061500.72450. NOW, THEREFORE, BE IT RESOLVED, the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Power Centric Solutions, LLC, of Gallatin, Tennessee, for Lodi Electric Utility Engineering System Study Services, in an amount not to exceed $75,000, for a total approved contract amount of $124,600, thereby extending the Agreement through December 2022; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize an appropriation in the amount of $75,000 as set forth above; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: February 3, 2021 I hereby certify that Resolution No. 2021-27 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 3, 2021 by the following votes: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN COUNCIL MEMBERS — None Xv 'J NNIFER SMIR City Clerk 2021-27