The URL can be used to link to this page

Home My WebLink AboutAgenda Report - April 7, 2021 C-14AGENDA ITEM Cow 14 .a` CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Rescinding Resolution No. 2020-209 and Authorizing City Manager to Execute Professional Services Agreement with DC Frost Associates, Inc., of Walnut Creek, for Purchase of Ultra Violet 3000 Plus System Control Center Modifications, Integration of Ultra Violet Programmable Logic Control, and Supervisory Control and Data Acquisition Implementation for White Slough Water Pollution Control Facility ($96,572) MEETING DATE: April 7, 2021 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution rescinding Resolution No. 2020-209 and authorizing City Manager to execute Professional Services Agreement with DC Frost Associates, Inc., of Walnut Creek, for purchase of ultra violet 3000 plus system control center modifications, integration of ultra violet programmable logic control, and supervisory control and data acquisition implementation for White Slough Water Pollution Control Facility, in the amount of $96,572. BACKGROUND INFORMATION: On October 7, 2020, Council adopted Resolution No. 2020-209 awarding the Professional Services Agreement for the purchase of ultra violet 3000 plus system control center modifications, integration of ultra violet programmable logic control, and supervisory control and data acquisition implementation to DC Frost Associates, Inc., of Walnut Creek, in the amount of $96,572. After Council authorization, DC Frost Associates, Inc. requested changes to some of the legal language of the Professional Services Agreement. The requested revisions are acceptable to Staff and are approved by the City Attorney. All other terms and conditions remain the same. The function of the ultra violet (UV) system is to disinfect the City's tertiary treated wastewater at White Slough Water Pollution Control Facility. The City of Lodi was one of the first City's to utilize UV disinfection when it switched from chlorine gas to UV disinfection in January 2005. Though effective, the current UV system (supplied by Trojan Technologies) is first generation UV technology and requires regular maintenance and oversight to keep it properly operating. DC Frost Associates, Inc. is the local representative for Trojan Technologies, the sole source for the UV equipment. UV technology has evolved since the original installation in 2005. In 2020, City staff hired Carollo Engineers, Inc. to evaluate replacing the existing UV system and to explore options that might improve system operation over the next five years (at relatively minimal cost), until its planned 2026 replacement date. The evaluation recommended the proposed, intermediate improvements consisting of hardware and software upgrades that will improve system performance and reliability for at least the next five years. APPROVED: Manager R:\GROUP\HDMIN\Council\2021\04072021\DC Frost\DC Frost CC doc 3/23/2021 Adopt Resolution Rescinding Resolution No 2020-209 and Authorizing City Manager to Execute Professional Services Agreement with DC Frost Associates, Inc, of Walnut Creek, for Purchase of Ultra Violet 3000 Plus System Control Center Modifications, Integration of Ultra Violet Programmable Logic Control, and Supervisory Control and Data Acquisition Implementation for White Slough Water Pollution Control Facility ($96,572) April 7, 2021 Page 2 Staff recommends rescinding Resolution No. 2020-209 and authorizing City Manager to execute Professional Services Agreement with DC Frost Associates, Inc., of Walnut Creek, for purchase of ultra violet 3000 plus system control center modifications, integration of ultra violet programmable logic control, and supervisory control and data acquisition implementation for White Slough Water Pollution Control Facility, in the amount of $96,572. FISCAL IMPACT: The interim improvements are expected to improve reliability and performance while reducing the City's exposure to treatment violations imposed by the State Water Resource Control Board. This work does not impact the General Fund. FUNDING AVAILABLE. White Slough Water Pollution Control Facility Plant Operations (53053003) - $96,572 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director C" L ,D Charles E. Swimley, Jr. Public Works Director Prepared by Kenneth Capitanich, Wastewater Plant Superintendent CES/KC/tw Attachment R:\GROUP\ADMIN\Council\2021\04072021\DC Frost\DC Frost CC doc 3/23/2021 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on September 2020, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and DC FROST AS INC., a California corporation (hereinafter "CONTRACTOR"). Section 1.7 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 purchase of UV 3000 plus system control center modifications, integration of UV programmable logic control, and SCADA implementation (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. i 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 1 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted, CONTRACTOR shall 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 2.6 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 October 1, 2020 and terminates upon the completion of the Scope of Services or on September 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 AUditiiU 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 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 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, 4 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: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Lance Roberts To CONTRACTOR: DC Frost Associates, Inc. 2855 Mitchell Drive, Suite 215 Walnut Creek, CA 94598 Attn: Dean Boode 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 5 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. 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. 6 Section 4.14 City Business License Re uirement 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 Caption— 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 Inte ration 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 4.16 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 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. 7 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 Fundin2Conditio_ns ❑ 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: PAMELA M. FARRIS Assistant City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: jdm CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager DC FROST ASSOCIATES, INC., a California corporation By:. Name: DEAN BOODE Title: President Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 53053003.72531 (Business Unit & Account No.) Doc ID: R:IGROUP%DMINICounci1120201090220201DC FrosAPSA.doc CA:Rev.01.2015 a WE DC Frost Associates, Inc A Coombs Hopkins Company 2856 Mitchell Drive, Suite 215 Walnut Creek, CA 94698 BIII To City of Lodi, CA Accounts Payable / Financial Services P.O. Box 3006 Lodi, CA 95241-1910 E-mail: kcapitanich@lodi.gov Phone: 209-712-3840 Exhibit A/B Quotation Date Quote # 6/10/2020 103688 Ship To City of Lodi/White Slough WPCP Attn: Ken Capitanich (209-333-6800) 12751 N. Thornton Road Lodi, CA 95242 Model Equipment ProjectlSedal # FOB UV300013Ius Trojan 510327 Factory PPA Line Qty Description Unit Price Total A 1 One (1) System Control Center (SCC) shall be supplied to monitor & control the UV System. Trojan will provide a PLC 69,048.00 69,048.00T 1/0 and soft address map to aid with integration of the UV PLC and SCADA implementation. The UV SCC shall consist of the components as detailed below. 1 - Backplate (dimensions to be confirmed by site).Drawing approval process confirms site fit/location; Reuse existing SCC shell and replace the backplate with new hardware. 1 - Processor: -AB Control Logix L72(Programmed)lncludes PLC power supply, control cables 1 - Prosoft MVI56E-GSCAscii Communications 1 -Analog Inputs: 8 wired, 4-20 MaChl Flow, Ch2 Flow, UVT, Turbidity 1 - Analog Inputs: 8 wired, 4-20 Ma 1 - 16 Point Digital Input: —120 VACChl Inlet Gate Remote, Patton Quote Prepared By: Debby Total: PRICES QUOTED HEREIN ARE VALID FOR 30 DAYS. Payment Terms: Net 30 If prices quoted do not include sales or use tax, such taxes, if required, are to be paid by the Purchaser. DCF TERMS & CONDITIONS apply on all orders (copy available upon request). DC Frost Associates, Inc. is here for all your Service needs. Contact Jeff Rabas @ 303-710-9426 orjeff@chcwater.com for Service Quotes, Maintenance Agreements or Questions about your equipment Emails: debby@chcwater.com Blanca@chcwater.corn Page 1 Phone: (800) 964-9733 Fax: (925) 947-6784 N DC Frost Associates, Inc A Coombs Hopkins Company 2855 Mitchell Drive, Suite 215 Walnut Creek, CA 94598 Bill To City of Lodi, CA Accounts Payable / Financial Services P.O. Box 3006 Lodi, CA 95241-1910 E-mail: kcapitanich@lodi.gov Phone: 209-712-3840 Quotation Date Quote # 6/10/2020 103688 Ship To City of Lodi/White Slough WPCP Attn: Ken Capitanich (209-333-6800) 12751 N. Thornton Road Lodi, CA 95242 Model Equipment ProjeWSerial0 ~ FOB UV300013Ius Trojan 510327 Factory PPA uns Qty Unit Price. Total Ch1 Inlet Gate Opened, Ch1 Inlet Gate Closed, Ch2 Inlet Gate Remote, Ch2 Inlet Gate Opened, Ch2 Inlet Gate Closed, Ch1 Weir Gate Remote, Ch2 Weir Gate Remote, Ch1 low low Level, Ch2 low low level 1 - 16 Point Digital Output: - 120VACCommon Minor, Major, Critical alarms. Bank 1A On Status,lB On Status, 1C On Status, ID On Status, 1E On Status, Ch1 Inlet Gate Open, Ch1 Inlet Gate Close 1 -16 Point Digital Output: - 120VACBank 2A On Status, 2B On Status, 2C On Status, 2D On Status, 2E On Status, Ch2 Inlet Gate Open, Ch2 Inlet Gate Close 1 - Analog Outputs: 4 wired, 4-20mAChl Weir Gate Control, Ch2 Weir Gate Control 1 - SCADA Comm unications:Ethernet/IR PLC Programming, configuration & testingDownloaded and configured to site control philosophy 1 - UPS: 120VAC 20-30 minute Patton Total: Quote Prepared By: Debby PRICES QUOTED HEREIN ARE VALID FOR 30 DAYS, Payment Terms: Net 30 If prices quoted do not include sales or use tax, such taxes, if required, are to be paid by the Purchaser. DCF TERMS & CONDITIONS apply on all orders (copy available upon request). DC Frost Associates, Inc. is here forall your Service needs. Contact Jeff Rabas @ 303-710-8426 orjeff@chcwater.com for Service Quotes, Maintenance Agreements or Questions about your equipment Emails: debby@chcwater,com blanca@chcwater.com Page Phone: (800) 964-9733 Fax: (925) 947-6784 DC Frost Associates, Inc A Coombs Hopkins Company 2855 Mitchell Drive, Suite 215 Walnut Creek, CA 94598 BIII To City of Lodi, CA Accounts Payable / Financial Services P.O. Box 3006 Lodi, CA 95241-1910 E-mail: kcapitanich@lodi.gov Phone: 209-712-3840 Quotation Date Quote # 6/10/2020 103688 Ship To City of Lodi/White Slough WPCP Attn: Ken Capitanich (209-333-6800) 12751 N. Thornton Road Lodi, CA 95242 Model Equipment Project/Serlal UV3000PIus Trojan 510327 Line Qty Description Site Owner's Responsibility: Site will be responsible for written approval of the submittal drawing(s). Site will be responsible for location, provision of suitable mounting structure and mounting of new backplate or SCC panel. Site will be responsible for the new supply or transfer of the following connections from the existing panel to the new SCC panel: 1, One (1) 120 volt, 60 Hz, 1 Phase, 2 wire (plus ground), power supply — make power connections within new panel but do not apply power. 2. Analog input signals - transfer from old panel to new SCC, (if applicable) 3. Digital input signals - transfer from old panel to new SCC, ( if applicable) 4. Digital output signals - transfer from old panel to new SCC. ( if applicable ) 5. Analog output signals - transfer from old panel to new SCC. ( if applicable ) 6. One (1) serial communication link (RS485) consisting of Quote Prepared By: Debby Patton FOB Factory PPA Unit Price F Total Total: PRICES QUOTED HEREIN ARE VALID FOR 30 DAYS. Payment Terms: Net 30 If prices quoted do not include sales or use tax, such taxes, if required, are to be paid by the Purchaser DCF TERMS & CONDITIONS apply on all orders (copy available upon request). DC Frost Associates, Inc, is here for all your Service needs. Contact Jeff Rabas @303-710-9426 orjeff@chcwater.com for Service Quotes, Maintenance Agreements or Questions about your equipment Emails: debby@chcwater.com Phone: (800) 964-9733 blanca@chcwater.com Page Fax: (925) 947-6784 DLJ DC Frost Associates, Inc A Coombs Hopkins Company 2855 Mitchell Drive, Suite 215 Walnut Creek, CA 94598 Bill To Ship To Quotation Date Quote # 6/10/2020 103688 City of Lodi, CA City of Lodi/White Slough WPCP Accounts Payable / Financial Services Attn: Ken Capitanich (209-333-6800) P.O. Box 3006 12751 N. Thornton Road Lodi, CA 95241-1910 Lodi, CA 95242 E-mail: kcapitanich@lodi.gov Phone: 209-712-3840 Model Equipment Project/Serial # FOB UV3000PIus Trojan 510327 Factory PPA Line Qty Description Unit Price � Total one (1) twisted shielded pair, 18 gauge maximum from existing terminal blocks daisy chained to CCBs. Existing wiring can be used. 7. Any power, analog or communications wiring that is too short for direct connection to the new SCC panel connections will have to be replaced as "splicing" is not allowed Site will be responsible to pull new wiring if required, label, and terminate within new SCC panel. Site will be responsible for making operators available for training on the new SCC control panel. Please note that Trojans Technical Assistance Center (Toll Free 1 866 368 0488) is available to discuss the panel installation, mounting and wiring with the site or the electrical contractor to ensure that all is ready for the certified technician's arrival, Trojan Responsibility: Trojan will be responsible for providing submittal drawing(s) for the site's approval. TechnicianWrogrammer and 1 or Trojan Rep will be Quote Prepared By: Debby Patton_I { Total: PRICES QUOTED HEREIN ARE VALID FOR 30 DAYS, Payment Terms: Net 30 If prices quoted do not include sales or use tax, such taxes, if required, are to be paid by the Purchaser. DCF TERMS & CONDITIONS apply on all orders (copy available upon request). DC Frost Associates, Inc. is here for ail your Service needs. Contact Jeff Rabas @ 303-710-9426 orjeff@chcwater.com for Service Quotes, Maintenance Agreements or Questions about your equipment Emails; debby@chcwater.com Phone: (800) 964-9733 blanca@chcwater,com Page Fax: (925) 947-6784 DC Frost Associates, Inc A Coombs Hopkins Company 2856 Mitchell Drive, Suite 215 Walnut Creek, CA 94698 Bill To City of Lodi, CA Accounts Payable / Financial Services P.O. Box 3006 Lodi, CA 95241-1910 E-mail: kcapltanich@lodi.gov Phone: 209-712-3840 Quotation Date Quote # 6/1012020 103688 Ship To City of Lodi/White Slough WPCP Attn: Ken Capitanich (209-333.6800) 12751 N. Thornton Road Lodi, CA 95242 Model Equipment Project/Serial N FOB UV3000PIus Trojan 510327 Factory PPA Line Qty Description Unit Price Total responsible for: 1. Verifying correct installation (power, mounting, configuration, communications, etc) of the new SCC panel; 2. Verifying correct SCC operation; 3. Verify SCADA communications (if included/required); 4. Providing operator training on new SCC. Quote Prepared I By: Debby Patton _ Total; PRICES QUOTED HEREIN ARE VALID FOR 30 DAYS. Payment Terms: Net 30 If prices quoted do not include sales or use tax, such taxes, If required, aro in Lie paid by the Purchaser. DCF TERMS & CONDITIONS apply on all orders (copy available upon request). DC Frost Associates, Inc. is here for all your Service needs. Contact Jeff Rabas @ 303-710-9426 orjeff@chcwater.com for Service Quotes, Maintenance Agreements or Questions about your equipment Emails: debby@chcwater.com blanca@chewater.com Page Phone: (800) 964-9733 Fax: (925) 947-6784 El DC Frost Associates, Inc A Coombs Hopkins Company 2855 Mitchell Drive, Suite 215 Walnut Creek, CA 94598 Bill To City of Lodi, CA Accounts Payable / Financial Services P.O. Box 3006 Lodi, CA 95241-1910 E-mail: kcapitanich@lodi,gov Phone: 209-712-3840 Model Equipment UV3000PIus Trojan Line Qty B 1 Quotation Date Quote # C 6/10/2020 103688 Ship To City of Lodi/White Slough WPCP Attn: Ken Capitanich (209-333-6800) 12751 N. Thornton Road Lodi, CA 95242 ProjectlSerial # FOB 510327 Factory PPA Desodptlon Two (2) G4 Hydraulic System Centre (HSC) shall be supplied to control the wiping systems, one per channel. The HSC shall consist of the components as detailed below. 2 - G4 Wage upgrade kit to replace obsolete G4 Wago Modicon Momentum PLC i 1 - PLC Programming, configuration & testing Unit Price I Total 10,140.00 10,140, OOT C 1 One (1) Certified Tech for three (3) days on site to inspect, 10,500.00 commissioning and start-up of the new SCC & HSC backplate and associated hardware. Includes two (2) travel days Documentation: One electronic copy in PDF format of the following documentation will be supplied by Trojan 1. Submittal drawings for approval. 2. Final (as approved) submittal drawings. 3. Appropriate corrected sections for the original 0&M Manuals, Quote Prepared By: Debby Patton Total: PRICES QUOTED HEREIN ARE VALID FOR 30 DAYS. Payment Terms: Net 30 If prices quoted do not include sales or use tax, such taxes, if required, are to be paid by the Purchaser. DCF TERMS & CONDITIONS apply on all orders (copy available upon request). DC Frost Associates, Inc. is here for all your Service needs. Contact Jeff Rabas @ 303-710-9426 orjeff@chcwater.com for Service Quotes, Maintenance Agreements or Questions about your equipment Emails: debby@chcwater.com Phone: (800) 964-9733 Blanca@chcwater.com Page Fax: (925) 947-6784 10,500.00 1 DC Frost Associates, Inc A Coombs Hopkins Company 2855 Mitchell Drive, Suite 215 Walnut Creek, CA 94598 Bill To City of Lodi, CA Accounts Payable / Financial Services P.O. Box 3006 Lodi, CA 95241-1910 E-mail: kcapitanich@lodi.gov Phone: 209-712-3840 Quotation Date Quote # 6/10/2020 103688 Ship To City of Lodi/White Slough WPCP Attn: Ken Capltanich (209-333-6800) 12751 N. Thornton Road Lodi, CA 95242 Model Equipment ProjectlSerlal # FOB UV3000PIus Trojan 510327 Factory PPA Line Qty Description Unit Price Total Terms & Conditions: DC Frost Associates Terms and Conditions apply and will be sent separately Shipment terms are ExWorks (ExW). Partial shipments allowed. Payment Net 30 days. Quote valid until September 31, 2020, Delivery is 16-20 weeks to be confirmed at order placement. SCC Warranty is one (1) year materials. HSC Warranty is one (1) year materials. Sales Tax 6,533.01 6,533.01 ESTIMATED FREIGHT ONLY - ACTUAL FREIGHT 350.00 350.00 CHARGES will apply and be added to all Invoices. NOTE TO CUSTOMER: DUE TO THE PRESENT COVID-19 SITUATION, MANUFACTURER WILL NOT BE ABLE TO PROVIDE EXACT SHIPMENT DATES AND I ARRIVALS - ONLY ESTIMATED DATES AND ARRIVALS WHICH CANNOT BE GUARANTEED. Quote Prepared By: Debby Patton _Total: PRICES QUOTED HEREIN ARE VALID FOR 30 DAYS. Payment Terms: Net 30 If prices quoted do not include sales or use tax, such taxes, if required, are to be paid by the Purchaser. DCF TERMS & CONDITIONS apply on all orders (copy available upon request). DC Frost Associates, Inc. is here for all your Service needs. Contact Jeff Rabas @ 303-710-9426 orjeff@chcwater.com for Service Quotes, Maintenance Agreements or Questions about your equipment Emails: debby@chcwater.com Phone: (800) 964-9733 blanca@chcwater.com Page Fax: (925) 947-6784 DC Frost Associates, Inc A Coombs Hopkins Company 2855 Mitchell Drive, Suite 215 Walnut Creek, CA 94598 Bill To City of Lodi, CA Accounts Payable / Financial Services P.O. Box 3006 Lodi, CA 95241-1910 Quotation Date Quote # 6/10/2020 103688 Ship To City of Lodi/White Slough WPCP Attn: Ken Capitanich (209-333-6800) 12751 N. Thornton Road Lodi, CA 95242 E-mail: kcapitanich@lodi.gov Phone: 209-712-3840 Modal Equlpnwnt Project/Serial # FOB UV3000Plus Trojan 510327 Factory PPA Line Qty Descrlptlon Unit Price; Total DC FROST ASSOCIATES, INC, DOES NOT ACCEPT 0.00 0.00 VERBAL ORDERS. PLEASE SIGN AND DATE THIS QUOTATION and e-mail or fax to the author of the quote along with a copy of your PO (or you can write the PO number on the signed quote). By doing this, you are authorizing your arceptance of the Quote and giving approval to place the order. Simply include any Quantity changes, Bill To and Ship To changes along with your signature and date below. SIGNATURE / DATE / PO#: DAMAGES/SHORTAGES: All parts arriving at the site 0.00 O.00T must be inspected within (5) business days after receipt with Buyer reporting any damages/shortages. Any damaged parts must be reported to DC Frost Associates, Inc. in writing, identifying parts damaged, quantity and must include pictures of the damage. Quote Prepared By: Debby Patton IJ Total: $96,571.01 PRICES QUOTED HEREIN ARE VALID FOR 30 DAYS. Payment Terms: Net 30 If prices quoted do not include sales or use tax, such taxes, if required, are to be paid by the Purchaser. DCF TERMS & CONDITIONS apply on all orders (copy available upon request). DC Frost Associates, Inc. is here for all your Service needs. Contact Jeff Rabas @ 303-710-9426 orjeff@chcwater.com for Service Quotes, Maintenance Agreements or Questions about your equipment Emails; debby@clicwater,com Phone: (800) 964-9733 blanca@chcwater.com Page Fax: (925) 947-6784 AYA 12C.E1K0_ar__/%5,5MA'Fr � Wlinll owncci su6HicliarJ n �pnnil�o�o "ro 2855 Mitchcll Drive, Suite 2 5-WV,I,ut Creek, CA 94798 • 'hone Boo-0+-9i 35 DC Frost Associates, Inc. Standard Parts Quotation Terms & Conditions: 1. DEFINITION: "Seller" when used herein means DC Frost Associates, Inc. "Buyer" when used herein means the person, company or corporation to whom the quotation is addressed. "Parts" means those components, articles, or supplies described herein. 2, ACCEPTANCE: All quotations are for acceptance within the limits established therein and beyond which are subject to change without notice. If this quotation constitutes an acceptance of an offer, such acceptance is expressly made conditional on Buyer's assent solely to the terms of this quotation. Any terms proposed in Buyers acceptance of this quotation which add to, vary From, or conflict with the terms hereof are hereby objected to and rejected and shall not constitute any part of any contract resulting from this quotation. Any such proposed terms shall have no force or effect and the terms herein shall constitute the complete and exclusive statement of the terms and conditions of any contract resulting from this quotation and may be modified only by written instrument executed by the authorized representative of both parties. 3. PRICES: Prices for parts included in Seller's quotations are subject to the specific outline herein. All freight charges for parts is extra and will be added to all invoices. All quotations provided by Seller are valid for 30 -days. After 30 -days all parts must be requoted. 4. TAXES: Seller quotations include all applicable taxes. If tax-exempt, Buyer shall supply to the Seller a valid exemption certificate. If not exempt, Buyer shall supply all other tax information required by Seller. 5. PAYMENT: Payment terms are Net -30 days. 6. INDEMNIFICATION and CERTIFICATE OF INSURANCE: Seller will not indemnify Buyer on any parts orders. Seller will not provide a Certificate of Insurance on any parts orders. 7. SCHEDULE: Delivery dates shall be interpreted as estimated and in no event shall dates be construed as falling within the meaning "time is of the essence." The Seller shall not be liable for delays due to force majeure, strikes, labor difficulties, fires, acts of government or military forces, transportation, procurement or any other cause beyond the reasonable control of the Seller. No provision for liquidated damages for any cause shall apply under this order. B. TITLEIRISK OF LOSS: Title and risk of loss shall pass to the Buyer upon tender of delivery F.O.B. manufacturing facility unless otherwise agreed upon by the parties. 9. ASSIGNMENT: Neither party shall assign or transfer this quotation without prior written consent of the other party. As a condition of any such written consent, such assignment shall be subject to the terms and conditions herein and no greater rights or remedies shall be available to the assignee. 10. WARRANTY: All parts warranties are through the Manufacturer. Seller does not warranty any parts. The Seller shall not be liable for any claims, losses, labor expenses or damages, direct or consequential, resulting directly or indirectly from the use of, or inability to use, parts purchased, or the other consequential loss of damage of any nature arising from any cause. 11. CHANGESICANCELLATION: If the Buyer requests changes to the order, it must be done in writing, b fora the order has shipped. Once a parts order has been accepted and parts have shipped, the order cannot be cancelled. 12. RESTOCKING FEES/ SHORTAGESIDAMAGES: No part(s) may be returned for credit without Manufacturer's written authorization. Buyer must notify Seller, in writing, the reason for returning part(s). Seller, in turn, will notify Manufacturer in order to receive a Return Authorization Form for the Buyer to return parts. All returned parts must be securely packaged in its original packing materials and adequately insured and protected to reach Manufacturer location without damage. All shipping and freight charges shall be prepaid by the Buyer. The returned parts may be subject to a restocking charge to be determined by the Manufacturer. SHORTAGES/DAMAGES: All claims by the Buyer for shortages of parts must be made in writing to the Seller within five (5) business days after receipt by the Buyer. Any parts orders arriving at the site damaged must be reported to Seller, in writing and including pictures of the damage, within five (5) business days after receipt by the Buyer. Updated 412020 Accepted By: Sign/Date Approved as to Fane: JANICE D. MAGDICH jdm City Attorney Exhibit C NOTE.' The City of Lodi is now using the online Insurance program PIMS Advantage. Once you have been awarded a contract you will receive an small from the City's Online insurance program requesting you to forward the Oman to your Insurance providetfs) to submit the required Insurance documOntation electronically InsU11911110 ROSMIKO11191113 for Mosto tra LN_at Consrreactjgn or requiring professional liability) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to properly which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives. employees orsubconlracteiS. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL)Insurance Services Office Form CG 00 01 covering CGL on an •occurrence'basis. including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this prnjectlloca(ion ((SO CG 25 03 or 25 04) a the general aggregate Ilrtul shall be twice She required oocureenc:e lirit. 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 less than $1,000,000 per accident for bodily injury and property damage. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Other_lnsuraneg Provisions,; (a) Additional Named insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as addllional insureds on the CGL and auto polrcy wild respect to liability arising out of work or operations performed by or on behalf of the Contractor Including inatenais, parts, or equipment furnlShied in ccnneclion with such work or opera lions. General liability coverage can be provided in the form of an endorsement to the Contractors insurance (at least as broad as ISO Form CG 20 10 1186 or if not avallebte, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 36: Ind CG 20 37 if a later edition is used (b) A and n•C n 'bolo I ar a Eridorsament The limits of insurance coverage required may be salisfied by a combination of primary and umbrefla or excess insurance, For any claims related to this can tracl, the Conlracrors insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be,exCesS Of the Contractor's insurance and shall not contribute with it. (c) Waiver of $lm rooaVgU Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by vrnue of the payment of any loss under such insurance, Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogahart, but this provision applies regardless of whether of not the City of Lodi has received a waiver of subrogation endorsement from the Insurer NOTE: (1) The street address of the SILLY OF LOM must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the uEgigg that it is insuring. (d) :�qv_erb slit ni m rre Claus The term "insured" is used severally and not collectively, but the incltmsion herein of more than one insured shall not operate to Increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (a) No ice 0 f Ca ncellation or C ba rip e in Cove MgtEndorsement This policy may not he 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. Page 7 I of 2 pages I Risk: rev. 3/1/2018 (� f�onlirsui at L`overa� All policies shall be in effect on or before the first day of the Terra of this Agreement. At least thirty (30) days prior to lite expiration of each insurance policy, Contractor shall furnish a certificates) sitowing that anew or extended policy has beer 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. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following terrnloation of coverage which is at least consistent with the claims period or statutes of limitations found in the Callfornia Tort Claims Act (California Government Code Section 810 et seq.). (g) Failurn_to C'.nrrt l If Contractor falls 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 nONfy Contra ctorof such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of Interest. Contractor shall pay such reimbursement and inletL%i on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor falls or refuses to obtain or maintain insurance as required by this agreement, or faits 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) Vgrikalion [tt Cuveracie Consultant shalt furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the appiicable policy language effecting coverage required by this clause. Ail certificates and endorsements are to be received and approved by the City before work commences, However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the night to require complete, certified copies of all required insurance pollcles, including endorsements required by Ihese specifications, at any time Failure to exurclse this right shall not constitute a waiver of the City's right to exercise after the effective date. (1) Self=lnsured Bele ins Self-insured retentions must be declared to and approved by the City Tile City may require the Consultant to provide proof or ability to pay tosses and related investigations, claim administrallon, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Q) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractors officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and votunleers harmless under the provisions of this paragraph Is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) ;j ntractnrs Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (I) ualifted censurer 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 Platings Gude, and which are acceptable to the City. Non-admuted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LIFFSLI list) and otherwise meet City requirements. Signature: 7 Email: jmagdich@lodi.gov Page 2 1 of 2 pages i Risk; rev. 3/1/2018 RESOLUTION NO. 2021-83 A RESOLUTION OF THE LOD1 CITY COUNCIL RESCINDING RESOLUTION NO. 2020-209 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DC FROST ASSOCIATES, INC., OF WALNUT CREEK, FOR PURCHASE OF ULTRA VIOLET CONTROL CENTER MODIFICATIONS ,AT WHITE SLOUGH WATER POLLUTION CONTROL FACILITY WHEREAS, White Slough Water Pollution Control Facility uses ultra violet (UV) system functions as a disinfectant for the tertiary treated wastewater, as directed by the California Regional Water Quality Control Board; and WHEREAS, the UV system is complex, requiring control center modifications, UV integration, and supervisory control and data acquisition implementation; and WHEREAS, after City Council authorization, DC Frost Associates, Inc., requested changes to some of the legal language, to which the requested revisions are acceptable to staff and are approved by the City Attorney; and WHEREAS, per Lodi Municipal Code §3.20.070, the bidding process may be dispensed when the commodity can be obtained from only one vendor, due to need for branded replacement parts or supplies for equipment of like brand; and WHEREAS, staff recommends rescinding Resolution No. 2020-209 and authorizing the City Manager to execute a Professional Services Agreement with DC Frost Associates, Inc., of Walnut Creek, in the amount of $96,572. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby waive the bidding process per Lodi Municipal Code Section 3.20.070; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby rescind Resolution No. 2020-209 and authorizes the City Manager to execute a Professional Services Agreement for the purchase of UV 3000 plus system control center modifications, integration of UV programmable logic control, and SCADA implementation with DC Frost Associates, Inc., of Walnut Creek, California, in the amount of $96,572; and BE IT FURTHER RESOLVED, pursuant Manual (Res. No. 2019-223), the City Attorney is the above -referenced document(s) that do not clerical corrections as necessary. Dated: April 7, 2021 ------------------------------------- ------------------------------------- to Section 6.3q of the City Council Protocol hereby authorized to make minor revisions to alter the compensation or term, and to make I hereby certify that Resolution No. 2021-83 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 7, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None JENNIFER CUSMIR City Clerk 2021-83