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HomeMy WebLinkAboutAgenda Report - January 19, 2022 C-05AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION IC - 5 AGENDA TITLE: Adopt Resolution Authorizing City Manager to 1) Execute Professional Services Agreement with Transformer Services, Inc. of Hillsboro, OR ($115,768); 2) Authorize Purchase of Materials from Circuit Breaker Sales Co., Inc. of Phoenix, AZ ($160,908); and Appropriate Funds for Substation Load Tap Changer Capital Improvement Project for Total Authorized Fiscal Year 2021/22 Budget of $288,000 MEETING DATE: January 19, 2022 PREPARED BY: Electric Utility Director RECOMMENDED ACTION Adopt a resolution authorizing the City Manager to 1) execute a Professional Services Agreement with Transformer Services, Inc. of Hillsboro, OR in the amount of $115,768; 2) authorize the purchase of materials from Circuit Breaker Sales Co., Inc. of Phoenix, AZ in the amount of $160,908; and appropriate funds for the Substation Load Tap Changer Capital Improvement Project for a total authorized Fiscal Year 2021/22 budget of $288,000. BACKGROUND INFORMATION: Lodi Electric Utility (LEU) owns, operates and maintains four electrical substations to import and distribute power to Lodi customers. Each of these substations has two transformers which converts or "steps down" electricity to a voltage appropriate for customer use. Contained within each of these transformers is a device called a Load Tap Changer (LTC) which regulates the voltage to keep it within a narrow operating band for system stability. As load increases and decreases throughout the day, LTCs keep voltage steady throughout the distribution system. As time goes on, the contacts for stepping the voltage up and down become worn out, and the oil they are immersed in becomes contaminated with dissolved gasses and impurities. The manufacturers of the LTC's specify intervals for maintenance and parts replacement. LEU has been performing the oil filtration on an ongoing basis. However, it is now necessary to replace the parts that are at the end of their recommended service life. Parts kits will be purchased by LEU from Circuit Breaker Sales Co., Inc. In accordance with Lodi Municipal Code, Sections 3.20.070, Circuit Breaker Sales Co., Inc. is the only authorized distributor who supplies the needed parts kits. The labor for removing the old parts and installation of these new kits as well as refilling with new oil will be performed by Transformer Services, Inc. LEU staff reached out to three separate vendors for proposals to perform these services. Transformer Services, Inc. was the only vendor willing to provide a proposal for the specialized services based on their staff availability and expertise. LEU staff will be providing assistance as needed. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager FISCAL IMPACT: The project is estimated to cost $288,000, including LEU staff time. FUNDING AVAILABLE: Project EUCP-21009 has a current authorized budget of $164,812, including rollover of FY 2020/21 funds. Staff are requesting an appropriation of funds to 50199000.77020 in the amount of $123,188 for a total authorized FY 2021/22 budget of $288,000 for Project EUCP-21009. Andrew Keys Andrew C. Keys Deputy City Manager/Internal Services Director Melissa Price (Jar 10, 2022 14:03 P57) Jeff Berkheimer Electric Utility Director Signature: a Signature: Qa i,a,]n�i'I1:07Psn Email: akeys@lodi.gov Email: sschwabauer@lodi.gov AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Transformer Services, Inc., an Oregon corporation authorized to do business in California (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for substation transformer maintenance services (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 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 February 1, 2022 and terminates upon the completion of the Scope of Services or on December 31, 2022, 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 Prevailing Wage The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements is on the prime contractor. Section 3.3 Contractor Registration — Labor Code 41725.5 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 3.4 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.5 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.6 (AB 626) Public Contract Code Section 9204 — Public Works Project Contract Dispute Resolution Procedure 3 Section 9204 of the California Public Contract Code (the "Code") provides a claim resolution process for "Public Works Project" contracts, as defined, which is hereby incorporated by this reference, and summarized in the following: Definitions: "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under a contract for a Public Works Project. (B) Payment of money or damages arising from work done by, or on behalf of, a contractor pursuant to a contract for a Public Works Project and payment for which is not otherwise expressly provided or to which a claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the City. "Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Claim Resolution Process: (1) All Claims must be properly submitted pursuant to the Code and include reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will conduct a reasonable review, and within a period not to exceed 45 days, will provide the claimant a written statement identifying the disputed and undisputed portions of the Claim. The City and contractor may, by mutual agreement, extend the time periods in which to review and respond to a Claim. If the City fails to issue a written statement, paragraph (3) applies. Any payment due on a portion of the Claim deemed not in dispute by the City will be processed and made within 60 days after the City issues its written statement. (2) If the claimant disputes the City's response, or if the City fails to respond to a Claim within the time prescribed in the Code, the claimant may demand in writing, by registered mail or certified mail, return receipt requested, an informal conference to meet and confer for settlement of the issues in dispute, which will be conducted within 30 days of receipt. If the Claim or any portion thereof remains in dispute after the meet and confer conference, the City will provide the claimant a written statement, within 10 business days, identifying the remaining disputed and undisputed portions of the Claim. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, as set 4 forth in the Code, unless mutually waived and agreed, in writing, to proceed directly to a civil action or binding arbitration, as applicable. (3) A Claim that is not responded to within the time requirements set forth in the Code is deemed rejected in its entirety. A Claim that is denied by reason of such failure does not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by the Code will bear interest at 7 percent per annum. (5) Subcontractors or lower tier subcontractors that lack legal standing or privity of contract to assert a Claim directly against the City, may request in writing, on their behalf or the behalf of a lower tier subcontractor, that the contractor present a Claim to the City for work performed by the subcontractor or lower tier subcontractor. The request shall be accompanied by reasonable documentation to support the Claim. Within 45 days of receipt of such written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the Claim to the City and, if the original contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so. The Claim resolution procedures and timelines set forth in the Code are in addition to any other change order, claim, and dispute resolution procedures and requirements set forth in the City contract documents, to the extent that they are not in conflict with the timeframes and procedures the Code. Section 3.7 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. 5 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. ri 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: Electric Utility Director To CONTRACTOR: Transformer Services, Inc. 7905 NE Cherry Drive Hillsboro, OR 97124 Attn: Stefan Gavojdea Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to 7 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. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. 8 Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. 9 Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: JENNIFER CUSMIR City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager TRANSFORMER SERVICES, INC., an Oregon corporation By: Name Title: STEFAN GAVOJDEA Business Manager Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: EUCP-21009.contracts (Business Unit & Account No.) Doc ID 10 CA: Rev.05.2 021.el ec.sign 11 Exhibit A/B TRANSFORMER SERVICES INC., 7905 NE Cherry Dr., Hillsboro, OR, 97124; Tel:(503)645-3500 Fax:(503) 645-3588; E-mail: dantsi05 40 ahoo.com; www.transformerservicesinc.com —a 12/14/2021 Rod Brown City of Lodi, CA SCOPE OF WORK This proposal is prepared by Transformer Services Inc. (TSI), 7905 NE Cherry Drive, Hillsboro, OR 97124, for the City of Lodi, CA, regarding the LTC Service of transformers SN C-46785-1-1 and C07435-5-1. Location: Transformer SN C-46785-1-1: City of Lodi, CA, McLane Substation Transformer SN C07435-5-1: City of Lodi, CA, Industrial Substation Voltage: 60 kV MVA: 31/35 Transformer Services Inc., (TSI) will mobilize the necessary personnel and equipment to the Substation locations to perform the requested service as follows: o Equipment: ■ Regular Hand and power tools • Oil Storage Container • Oil Pump • Generators • Dry Air and N2 TRANSFORMER INSPECTION: • Crew participates at the Site -Specific Safety Training and Orientation: Up to 1 hour • External Inspection of the transformer SERVICE: Industrial Substation transformer: Drain LTC of oil Service the LTC: Replace any contacts and gaskets if necessary All replacement parts to be provided by customer Check and re -tighten connections and bolts within the LTC as seen necessary Oil fill the LTC with new oil provided by TSI Collect an oil sample for testing Test the LTC Re -deploy from site Transformer Services Inc., 7905 NE Cherry Dr., Hillsboro, OR 97124 Page 1 TRANSFORMER SERVICES INC., 7905 NE Cherry Dr., Hillsboro, OR 97124; Tel:(503)645-3500 I Fax:(503) 645-3588; E-mail: dantsi05@yahoo.com; www.transformerservicesinc.com McLane Substation transformer: Deploy the service crew at the transformer location Drain LTC of oil Service the LTC: Replace any contacts and gaskets if necessary All replacement parts to be provided by customer Check and re -tighten connections and bolts within the LTC as seen necessary Oil fill the LTC with new oil provided by TSI Collect an oil sample for testing Test the LTC Re -deploy from site PERFORMANCE Work is quoted based upon TSI crew working 7 days a week, 8-12 hours per day, and 24 hours per day when needed. Proposed Start Date: TBD Availability of service personnel and equipment is subject to prior sale. CLARIFICATIONS TO SCOPE OF WORK Unless specifically address in the scope of work, the following assumptions have been made in preparation of our offer: • Purchaser shall be responsible for switching, lock out and grounding of any equipment necessary to establish safe work area. • Purchaser shall provide suitable, free, clear, unlimited and compacted access route, roads and area around work location for access of service equipment. • Purchaser shall disconnect and reconnect all external protection, control and relay wiring, as required. • Purchaser shall disconnect and reconnect all external bushing terminations or bus work, as required. Purchaser shall disassemble and reassemble any deluge systems, as required. • Purchaser shall provide communication and sanitation facilities. ■ TSI intends to utilize its own personnel and equipment; however, if scheduling conflicts occur, TSI reserves the right to hire subcontractors to assist with the work. SCHEDULE OF PRICING Service Charge: Industrial Substation transformer: $41,463.00 Applicable Taxes: $3,421.00 Contingency: $10,000.00 McLane Substation transformer: $41,463.00 Applicable Taxes: $3,421.00 Contingency: $10,000.00 If TSI provides gasketing material and cut on site: $3,000.00 per transformer Transformer Services Inc., 7905 NE Cherry Dr., Hillsboro, OR 97124 Page 2 �I 11E TRANSFORMER SERVICES INC., 7905 NE Cherry Dr., Hillsboro, OR 97124; Tel:(503)645-3500 Fax:(503) 645-3588; E-mail: dantsi05@yahoo.com; www.transformerservicesinc.com TOTAL SERVICE CHARGES: Not to Exceed: $115,768.00 • Payment terms and conditions are NET 30 and are subject to credit approval • Unless specifically noted, prices do not include: Union Wages, any site specific or customer required access and/or safety training lasting more than one hour. • Requested changes to work scope or delays outside the control of TSI shall be billed in accordance with TSI's Technical Service Price List (attached). COMMENTS/EXCEPTIONS TO CONTRACT DOCUMENTS • None TERMS & CONDITIONS STATEMENT • Work shall be performed in accordance with City of Lodi and TSI Service Agreement of • Bid is valid for a period of 60 days. • All P.O.s / Contracts / Agreements to be addressed to the following: Transformer Services, Inc. 7905 NE Cherry Drive Hillsboro, OR 97124 Transformer Services, Inc. thanks you for the opportunity to provide a quotation for this project. We look forward to your consideration of this offering and welcome any questions you may have regarding this proposal for your service requirements. Best regards, Stefan Gavojdea Transformer Services Inc. 7905 NE Cherry Drive, Hillsboro, OR 97124, USA Tel: 503-645-3500 * Fax: 503-645-3588 dantsi05@yahoo.com-, www.transformerservicesinc.com Transformer Services Inc., 7905 NE Cherry Dr., Hillsboro, OR 97124 Page 3 TRANSFORMER SERVICES INC., 7905 NE Cherry Dr., Hillsboro, OR 97124; Tel:(503)645-3500 �AIY Fax:(503) 645-3588; E-mail: dantsi05@yahoo.com; www.transformerservicesinc.com CUSTOMER AUTHORIZATION Customer hereby requests that Transformer Services, Inc. performs the above -referenced Services in accordance with the provisions of this quotation, including all commercial terms and clarifications and, forms the basis of contract with Transformer Services, Inc. Customer's Authorization / Purchase Order Number for Accounting Purposes Billing Address: By: Name: Title: Date: Transformer Services Inc., 7905 NE Cherry Dr., Hillsboro, OR 97124 Page 4 P111Y TRANSFORMER SERVICES INC., 7905 NE Cherry Dr., Hillsboro, OR 97124; Tel:(503)645-3500 Fax:(503) 645-3588; E-mail: dantsi05@yahoo.com; www.transformerservicesinc.com Field Service Rate Schedule Transformer Services, Inc. maintains a significant staff of trained field service specialists and technicians who are available to provide advisory assistance, installation, inspection, commissioning, testing, troubleshooting, start-up, technical studies, maintenance and repair services of electrical apparatus. Technical professionals are classified in two categories, dependent on the degree of expertise and complexity of the service required: Service Specialist The service specialist has specific experiences and/or educational training along with factory training and experience in design, assembly, installation or testing. This expert is required for special diagnosis, repairs, inspection, failure analysis and complex technical evaluations. Service Technician The service technician has specialized factory training and experience. This technician can act as a consultant for customer's personnel with respect to correct installation, testing, maintenance or service requirements consistent with Transformer Services, Inc. guidelines. TECHNICAL PERSONNEL RATES CLASSIFICATION DAILY RATE DAILY RATE WITH HOURLY HOURLY SUNDAY PER DIEM OVERTIME RATE & HOLIDAY RATE Service Specialist $1,120.00 $1,270.00 $210.00 $280.00 Service Technician $ 760.00 $910.00 $143.00 $190.00 1 Daily rate applies to all time worked or traveled during a normal eight hour workday. The "shift" is defined as any consecutive eight-hour period (Monday—Friday, holidays excluded), with an allowance for lunch. 2. Overtime rate applies to all hours worked in excess of eight hours on weekdays and all time worked or traveled on Saturdays. 3. Sunday and Holiday rate applies to all hours work or traveled on Sundays or holidays. Hourly and daily rates are exclusive of all travel and living costs. Charges for travel and living expenses will be billed at cost plus an 15% handling charge. Per Diem Where purchasers specify or require daily rates for field services inclusive of local traveling and living expenses, a flat charge will be billed for all time worked or traveled per eight hour week day or fraction thereof (Monday through Friday). All hours worked or traveled in excess of eight hours per week day and all hours on Saturdays, Sundays and holidays will be billed at the applicable hourly overtime rates. Per diem rates exclude the cost of airfare to/from the job site and headquarters. Traveling Time Maximum billing for traveling time, at the applicable rate, shall be eight hours per technical professional for any one -calendar day. Transformer Services Inc., 7905 NE Cherry Dr., Hillsboro, OR 97124 Page 5 TRANSFORMER SERVICES INC., 7905 NE Cherry Dr., Hillsboro, OR 97124; Tel:(503)645-3500 7—:3III Fax:(503) 645-3588; E-mail !I dantsi05@yahoo.com; www.transformerservicesinc.com Traveling time and expenses for each technical professional will include leaving and returning to the employee's headquarters. Minimum Billing Minimum billing for one day's service will be charged for each day or fraction thereof that a technical professional spends on the customer's premises. Standby Time When technical professionals are on the customer's premises but are unable to perform the services requested because of circumstances beyond the control of Transformer Services, Inc. personnel, the purchaser will be charged at the applicable rate. OTHER CHARGES The following charges will be in addition to the service rates stated previously: A. Expendable Small Tools When a particular job requires the furnishing of small expendable tools not normally carried by the technical professional, a charge for such tools will be billed at the cost of acquisition. B. Materials Furnished by Transformer Services Inc. All TSI material used on the job will be billed at current prices C. Material Purchased from Subcontractors or Other Vendors When the job requires the purchase of materials or services from subcontractors or other vendors, such items will be billed at cost plus an 18% handling charge. D. Special Tools and Equipment Furnished by TSI: Rental charge shall be made for all specialized tools, equipment and instruments. Refer to TSI Field Service Equipment Rental Rate Schedule. E. Company Vehicle Mileage Rate Cost of mileage for standard company vehicles to travel to and from the job site will be billed at a rate of $0.85 per mile. Any vehicle requiring a CDL endorsement to drive shall be billed at a rate of $1.25 per mile for travel to and from the job site. PRODUCT WARRANTY WORK Product warranty work on TSI supplied equipment will be performed F.O.B. factory or at the customer's site, at TSI's option. Work at the customer's site will be accomplished during a normal eight hour straight time day. If the purchaser requests that product warranty work be performed during any other time period, purchaser will be invoiced for the premium time portion of the work, i.e. the difference between the applicable rate and the overtime rate for the services performed. TERMS OF PAYMENT Net 30 days from date of invoice TERMS AND CONDITIONS See TSI Terms and Conditions of Sale Transformer Services Inc., 7905 NE Cherry Dr., Hillsboro, OR 97124 Page 6 EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Reg uirements for Most Contracts Mot construction or reouirinq ttrofessional liability) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property 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 or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. 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 project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 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 less than $1,000,000 per accident for bodily injury and property damage 3 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 Insurance 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 additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 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 Subrogation 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 virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI 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 therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 I of 2 pages Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq ) (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All 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 right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, 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 Contractor's officers, employees, agents, representatives or subcontractors Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers 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) Subcontractors 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) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev 3/1/2018 Capital Improvement Plan FY 2021-2022 Project Title: Substation Load Tap Changer Upgrades I Munis Project Code: EUCP-21009 123 Section I: Description District Nos: Citywide Project Length 7/20-6/22 Priority High Phase I of this project includes refurbishing 3 Load Tap Changers - Henning Substation - (2) - UZD Style, Killelea Substation - (1) - UTT Style; Phase II includes refurbishing 2 Load Tap Changers and oil leaks as well as replacing vacuum bottles at Industrial Substation Bank #3 and McLane Substation Bank 1 in addition to replacing 1 set of transformer bushings at Henning Substation Bank #2. Justification/factor driving project Load Tap Changers coming to end of lifetime operations. Refurbishing them will extend the life of station transformers and possibly avoid catastrophic equipment failures. Phase I of this project will postpone the need to replace the Killelea Bank 2 Power Transformer previously planned for FY 21. For Phase ll, 2 Load Tap Changers are leaking oil, one into the transformer and one from the gearbox - requiring maintenance and remediation. Transformer bushings have also been found to be in need of replacement. Additional Information Load Tap Changers are the non -static devices connected to the station transformers that keep the voltage steady as the system load increases and decreases. Transformer bushings connect conductors to lower voltage to system levels. Professional oversight services will perform all major repairs and replacements with internal staff assistance. FY 22 budget includes rollover of $5,812 from FY 21 as well as additional needed funds of $123,188 for FY 22. FY 21 actuals total $98,237. Section II: Estimated Project Costs Expenditure Prior Years FY 20121 FY 21122 FY 22123 FY 23124 Actual Budget Internal Staff $ $ 17,530 $ 11,200 Contracts $ - $ 73,316 $ 115,800 Miscellaneous _$ - $ 7,391 $ 161,000 Total Capital Costs $ - $ 98,237 $ 288,000 $ - $ - FY 24125 FY 25126 Future Yrs Total $ 28,730 $ 189,116 $ - $ 168,391 $ - $ - $ 386,237 Section III: Funding Sources/Methods of Financing Funding Source(s) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Actual Budget 501 - EU Outlay Capital Reserve Fund $ $ 98,237 $ 288,000 $ 386,237 Total Project Financing $ - $ 98,237 $ 288,000 $ - $ - $ - $ - $ - $ 386,237 Section IV Operating Budget Impact Operating Cost or (savings) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 Estimate Budget Personnel $ Other Operating Costs $ - Total Operating Impact $ - $ - $ - $ - $ - FY 24125 FY 25126 Future Yrs Total $ - $ - $ - $ - $ - $ - RESOLUTION NO. 2022-15 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TRANSFORMER SERVICES, INC., OF HILLSBORO, OREGON; AUTHORIZING PURCHASE OF MATERIALS FROM CIRCUIT BREAKER SALES CO., INC., OF PHOENIX, ARIZONA; AND FURTHER APPROPRIATING FUNDS FOR SUBSTATION LOAD TAP CHANGER CAPITAL IMPROVEMENT PROJECT WHEREAS, Lodi Electric Utility (LEU) owns, operates and maintains four electrical substations to import and distribute power to Lodi customers; and WHEREAS, each of these substations has two transformers which convert or "step down" electricity to a voltage appropriate for customer use; and contained within each of these transformers is a device called a Load Tap Changer (LTC) which regulates the voltage to keep it within a narrow operating band for system stability; and WHEREAS, as load increases and decreases throughout the day, LTCs keep voltage steady throughout the distribution system; and as time goes on, the contacts for stepping the voltage up and down become worn out, and the oil they are immersed in becomes contaminated with dissolved gasses and impurities; and WHEREAS, the manufacturers of the LTC's specify intervals for maintenance and parts replacement and it is now necessary to replace the parts that are at the end of their recommended service life; and WHEREAS, parts kits will be purchased by LEU from Circuit Breaker Sales Co., Inc., and in accordance with Lodi Municipal Code, Sections 3.20.070, Circuit Breaker Sales Co., Inc. is the only authorized distributor who supplies the needed parts kits; and WHEREAS, the labor for removing the old parts and installation of these new kits, as well as refilling with new oil, will be performed by Transformer Services, Inc.; and WHEREAS, LEU staff reached out to three separate vendors for proposals to perform these services and Transformer Services, Inc., was the only vendor willing to provide a proposal for the specialized services based on their staff availability and expertise; and WHEREAS, this project (CIP Project EUCP-21009) has a current authorized budget of $164,812, including rollover of Fiscal Year (FY) 2020/21 funds and staff is requesting an appropriation of funds to 50199000.77020 in the amount of $123,188 for a total authorized FY 2021/22 budget of $288,000 for said project. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Transformer Services, Inc. of Hillsboro, Oregon, in the amount of $115,768, for removal of old parts, installation of new parts, and refill of oil at substation transformers; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve the purchase of materials from Circuit Breaker Sales Co., Inc., of Phoenix, Arizona, in the amount of $160,908; and BE IT FURTHER RESOLVED that funds for the Substation Load Tap Changer CIP Project EUCP-21009 be appropriated as noted above for a total authorized Fiscal Year 2021/22 budget of $288,000; 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: January 19, 2022 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2022-15 was passed and adopted by the City Council of the City of Lodi in a regular meeting held on January 19, 2022 by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None i PAMELA M. FARRIS Assistant City Clerk 2022-15