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HomeMy WebLinkAboutAgenda Report - May 17, 2023 C-10CITY OF f IL � / r O CALIFORNIA AGENDA ITEM C4MID COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment 3 to Professional Services Agreement with Power Centric Solutions, LLC of Gallatin, TN for Lodi Electric Utility Engineering System Study Services ($150,000) MEETING DATE: May 17, 2023 PREPARED BY: Electric Utility Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Amendment 3 to the Professional Services Agreement with Power Centric Solutions, LLC of Gallatin, TN for Lodi Electric Utility Engineering System Study Services in an amount not -to -exceed $150,000. BACKGROUND INFORMATION: In August 2020, the City Council approved a Professional Services Agreement (Agreement) with Power Centric Solutions, LLC (PCS) for a comprehensive engineering study of the electric distribution system. The primary task associated with the original Agreement included updating Lodi Electric Utility's (LEU) existing distribution system circuit model and analyzing load serving capabilities. In February 2021, the City Council approved Amendment 1 to the Agreement with PCS to perform updated system loss studies, support the integration of LEU's engineering software to the new GIS platform, perform interconnection studies as needed, as well as provide other engineering expertise to support LEU. Then in September 2022, the City Council approved Amendment 2 to provide additional engineering expertise to support LEU's various ongoing projects. LEU has identified various additional tasks that need significant engineering support to improve overall system performance and reliability including load growth and power flow evaluation, engineering analysis, support for relay upgrade projects at various substations, as well as engineering support associated with the State of California natural gas power plant currently under construction. As a result, staff are requesting approval of Amendment 3 to the Agreement for $150,000 through December 2024. Combined with the original Agreement of $49,600, Amendment 1 for $75,000 and Amendment 2 for $125,000, this will bring the total not -to -exceed amount for PCS's services to $399,600 through December 2024. FISCAL IMPACT: Amendment 3 not -to -exceed cost of $150,000. AMCAPPROVED: .: Stephen Schwabauer, City Manager Adopt Resolution Authorizing City Manager to Execute Amendment 3 to Professional Services Agreement with Power Centric Solutions, LLC of Gallatin, 7N for Lodi Electric Utility Engineering System Study Services ($150,000) May 17, 2023 Page 2 FUNDING AVAILABLE: Sufficient funds are available in account number 50061500.72450. Additional funds for future years will be included as part of the annual budget planning process, Any costs associated with the power plant will be fully reimbursed by the State of California. Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director ce IM av3 }n,- 1 HAA PDP Jeff Berkheimer Electric Utility Director Signature: Q ,tv X&IOb Email: akeys@lodi.gov AMENDMENT NO. 3 POWER CENTRIC SOLUTIONS, LLC PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of , 2023, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and POWER CENTRIC SOLUTIONS, LLC, a Tennessee limited liability company qualified to do business in California (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on August 27, 2020 (the "Agreement") in the amount of $49,600, as set forth in Exhibit 1, attached hereto and made part of; and 2. WHEREAS, CONTRACTOR and CITY entered into Amendment 1 to Agreement on March 1, 2021 for an additional $75,000 and extended the term of the Agreement to December 31, 2022, as set forth in Exhibit 2; 3. WHEREAS, CONTRACTOR and CITY entered into Amendment 2 to Agreement on October 17, 2022 for an additional $125,000 and extended the term of the Agreement to December 31, 2023, as set forth in Exhibit 3; 4. WHEREAS, CITY now requests to increase the fees by an additional $150,000, for a total amount of $399,600, and amend the Scope of Services, as set forth in the letter from CONTRACTOR dated April 3, 2023, attached hereto as Exhibit 4 and made a part of; and 5. WHEREAS, CITY now requests to extend the term of the Agreement through December 31, 2024; and 6. WHEREAS, CONTRACTOR agrees to the amendments sets forth above NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESSETH WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 3 on the date and year first above written. CITY OF LODI, a municipal corporation POWER CENTRIC SOLUTIONS, LLC, a Tennessee limited liability company STEPHEN SCHWABAUER City Manager Attest: TAMMY A. BAXTER President & CEO Approved as to Form JANICE D. MAGDICH OLIVIA NASHED City Attorney City Clerk Power Centric Solutions contract Amendment No. 3 1IPage EXHIBIT 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 Section 1.1 Pfidlea THIS AGREEMENT Is entered Into on 2420, by and between the CITY OF LODI, a municipal corporation (here[ after' TY"), and POWER CENTRIC SOLUTIONS, LLC, a Tennessee limited liability company (hereinafter "CONTRACTOR"). Section 1.2 Pu_ raose CITY selected the CONTRACTOR to provide the services required In accordance with attached Scope of Services, Exhibit A, attached and Incorporated by this reference. CITY wishes to enter Into an agreement with CONTRACTOR for Lodi Electric Utility System Study (hereinafter "Project") as set forth In the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that It Is qualified to provide such services to CITY. ARTICLE 2 8 !E OF SERV CES Section 2.1 Scope o 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 lime For CgMrnfincement afl_dCcnyieJJQn of Work CONTRACTOR shall commence work pursuant to this Agreement, upon recelpt of a written notice to proceed from CITY or on the date set forth In Section 2.8, 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 date 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 Meetli�a CONTRACTOR shall attend meetings as may be set forth in the Scope of Services, Section 2.4 StafNnn CONTRACTOR acknowledges that CITY has relled an 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 noted 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 thle 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 9ubrontrag1q 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 T4rm The tern of this Agreement commences an September 1, 2020 and terminates upon the completion of the Scope of Services or on June 30, 2021, whichever occurs first. 2 ARTICLE 3 c:t-MnPi;KSADD N. Section 3.1 Corn )annatlon 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 Mothod of Fra ont 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 sold 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 costa required for the performance of the Scope of Services. Payment of additional reimbursable costa 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 Auditino CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to fumlah 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 premlaes, 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 MI�CELLANEQUS PRQVIQMS Sectlon 4.9 Nonr lnrrl nlnt tion 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 Cort► Ilanco In performing services under this Agreement, CONTRACTOR shall comply with the Americans wl(h 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 Ittdemtilflcatian nncl Raaparotiibllity for r) a CONTRACTOR to the fullest extent permltied 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, He elected and appointed offlclals, 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 Indemnlflcatlon, 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 coals. 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. Sectlon 4.4 Cor}so unrttlal Lasses and i.lntltatiori of 1abl._ lily Neither CITY nor CONTRACTOR nor either party's suppliers, agents, officers, and directors shall have any liability to the other party or any other person or entily for any Indirect, incidental, special, or consequential damages whatsoever, Including but not limited to lose of revenue or proflt, failure to realize anticipated profits or savings, lose of or damage to data or other commercial or economic lose. 4 Excluding CONTRACTOR'S Indemnification obligations with respect to Section 4.3 ird-a—mtf icaion imid &W.RaMlil for C3.,r a419,, the CITY agrees to limit the CONTRACTOR'S liability to $1 M per accurrence and $2M In aggregate. Section 4.6 Lt.jrLdArd of Gimg. CONTRACTOR agrees to perform its services In the care and skill conformity with the professional and technical standards of reasonable care, skill, prudence, and diligence ordinarily used and exercised by members of the engineering profession who ere familiar with projects of the same type, nature, complexity, and size. CONTRACTOR agrees to re-perform non-conforming or substandard work at no additional cost. Section 4.6 No Personal Llablllty Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement, Section 4.7 Rp9Varaalhlllty o 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 hereln. Section 4.8 tiLkgLancn Ro(Iuirornnti1a for L'OfV'ifiACitJiz CONTRACTOR shall take out and maintain during the life of this Agreement, Insurance coverage as set forth In Exhibit C attached hereto and incorporated by this reference. Section 4.9 Sm.,coanors Haid Asnl(ins CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest In this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.10 Nottgo 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 doomed to have been given when the some Is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing If event by first does or certlfled maul, poatoge prepaid, addressed to the respective partles as follows: 5 To CITY: City of Lodi 221 West Pine Street P,O, Box 3008 Lodi, CA 95241-1910 Attn: Jeff Berkhelmer, Electric Utility Director To CONTRACTOR: Keith Mullen, Principal & Vice President PA, Box 247 Gallatin, TN 37088-0247 Section 4.11 Cnc a atlo of C Y CITY shall cooperate fully and In a timely manner In providing relevant Information It has at Its disposal relevant to the Scope of Services. Section 4.12 CONTR, Ck s Nat_an Ernoloyap of Cl'fY CONTRACTOR agrees that In undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and an behalf of CITY and not an employee of CITY, CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards whhout regard to the manner and means of accomplishment thereof, Section 4.13 Tomiinstion 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 4.14 Confldvntlality, CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted In writing by 6 CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act, Section 4.18 Ap licable Iaw. JurI§glqtlqn,Severab.1111tv. Ono Altolliev's Eau 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 Sen Joaquin County Superior Court, If any part of this Agreement Is found to conflict with applicable laws, such part shall be Inoperative, null, and vold 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 4,18 City Sysinogs License Reclulroment -- - CONTRACTOR acknowledges, that Lodi Municipal -.Code -Section-. 3,0.1,020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.17 C_z1%Pyon_fj 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. Sectlon 4.18 l_ntugration an_ it— 2gLll� :atlon 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 4.19 Contract Ter{r15 RPryall All exhibits and this Agreement are Intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail, 7 Seotlon 4.20 Sovorablilty The Invalidity In whole or In part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.21 Ownorahip of Do(LyrnDts All documents, photographs, reports, analyses, audita, 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 ouch 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 then the pu,.rpose for.which they were intended, Section 4.22.jMLhorItv The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.23Factor Trfellslt Fl+!?f_n[� Cori lona ❑ 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 he 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, s CITY OF LODI, a municipal corporation ATTEST; Steve Schwabauer Eta"M RRt, P,rrnI �� �r m STEPHEN 3CHWA3AUER [ �1ee€Mant•0I Clerk City Manager APPROVED AS TO FORM; JANICE D. MAGDICH, City Attorney Janice D. Magdich Jdm POWER CENTRIC SOLUTIONS, LLC e limited liability company Name: I arnrTlyAME' r TIM, Prooldi. f namunmsnw: 15101bit A - Stop of Services Exhibit S - Foo i ragnaal Exhibit C , Insurance Requirements Exhibit D - Federal Transit Funding CondlNonr (If applicobls) Funding 8oures; 00616co.7245a (Buelnsed Unit 8 Account No,) Dao ID; CAINev.01.2016 9 Power Centric Solutions, LLC PO Box 247 Gallatin, TN 37066-0247 615-804-6316 Keith Mullen, Principal & Vice President kmullen@pwreentrlc.com EXHIBIT A/9 SCOPE OF WORK AND COST PROPOSAL LODI ELECTRIC UTILITY LODI ELECTRIC SYSTEM STUDY Project Des"lptlan. This project provides an engineering assessment of the operational flexibility and safety of the distribution faculties with the preparation of the system ane lysis detailed hereln. The ovaluatlan includes updating the City of Lodi Electric Utllity's (LEt)j WlndMll model, performing system analyses to determine facility capecfty limitations at the most recent peek a n N4-cont1ngencles;-opt1mlzin8 cnpadfor placement, coordinating line protective devices, and calculating are energy levels on the sy9tem, I. Srrrvlces of Power Centric Solutions, LLC A. The specific services to be provided or furnished areas follows: I. Meet at LEU's office to kick-off the project and review the following: a. Project execution b. Collect/review Informatlon requested C. Discuss/finalize planning criteria to be used In the system analysis d. Document distribution configurations In the engineering model for the N-1 distribution system contingencies being Investigated (i.e. loss of feeder breaker or exit circuit conductor) e, Review the exlstingcapacltor ratings, control systems and operations, and powerfactor goals f. Review existing distribution protective devices, protection scheme, and reliability concerns g. Discuss Internal arc flash safety standards, and recent changes to arc flesh standards and the Impacts on analysis 2. While on-site, work with LEU to update the system model for analysis based on staff knowledge. This Includes confirming feeder configurations and loads for the most recent peak, updating equipment types, sixes, settings, and tocatlons, and adding In customer billing for load allocation, 'r 1116 d"0M11nt tr It MOR venins of P.+10EH �SpS, Capyrt1h1t32R15 by lia i@Ktian618ocirtyaf t'1vrcaatonni [ nglattn4 Amerkaa Cullncil of Rnalnrering CQmpasdea, nod AnierJosr3 Su0tly arCirll Ell g1F0re.0r I! hHeetl In part an cxcerp19 rruln copyrigh[ed W1)C docueuent& Thom par1inu■ orlhe text that urig inatcd to eopyrighted RIC 11C duninirnre remain iubjecl to thr [opyripht. — - Page x 3, Utilize the WindMll model of LEV's distribution system to assess performance of the existing facilities at the most recent system peak In the normal and N-1 contingency conflguratfons. Summarize the analysis and review with LEU to collaborate on required facility upgrades/replacements. Estimated budgets for required diatribution facility upgrades will be provided by LEU, 4. Utilize the WlndMll model of LEU's distribution system to assess the location and size of existing line capacitors at the mast recent system peak and minimum load conditions, and propose relocations or additions of fixed and switched capacitors if required, Prepare a summary of the recommendations and review with LEU, Estimated budgets for required distribution facility upgrades will be provided by LEU, 5, Utilize the WlndMll model of LEU's distribution system and LlghtTable to analytically test the coordination of the existing protective devices (feeder relays, line reclosers and first line fuses) and alignment with LEU's protection scheme at the calculated available faults. If required, propose relocations, additions or modifications of protective devlces/settings to Improve coordinatlon, promote standardization, end reduce arc energy levels, Test the recommendations In the WlndMli modal and LightTable; and prepare a su mmary or the recommendations and review WRIT LEU: 6. Utilize the WlndMll model of LED's distribution system to evaluate the arc energy levels based on the existing protection scheme and recommendations from the coordination assessment, and applicable Industry standards Including IEEE 1584, NESC 410.A.3, OSHA 11910.269, and NFPA 70E. Prepare a summary of the analysis and proposed mitigations, and review with LEU, 7. Prepare a draft report based on the feedbackfrom LEU on the project analysis, and submltforLEU review. Meet at LEU's office to review the recommendations with stakeholders and collect feedback on the draft report to Incorporate In the final document. Prepare the final document, and deliver electronic copies of the report and study flies. The final document will Include the following: a. Executive Summary b. Data and Assumptions c. System Normal and N-1 Analysis and Recommendations d. Capacitor Placement Evaluation and Recommendations e. Protective Device Coordination Assessment and Recommendations f. Arc Flash Assessment and Proposed Mitigations g. Appendices (Maps, ICCs, Estimates, etc,) 9. All the services Included above comprise serines for purposes of compensation under this Scope of Work, rthlt documonI Is ■ MODTF'I6i] wclon or EJC a64 E•503, Copy right to 2015 by Iho a Lrngletem, Anicrisan Counc11 nrFrSinetc Img CompsnIM cnd American 3uchty or Civil Enktnterr, ser ht bund In parl un oacarptt from cnpyri8htot4 F rCDCducumcnIA. Those portions of16e Iext that ariglniRd !n onpyrfghItd FJCDC; documrntm remain AUhltet en the copyrlpht, 2. Addhlonal Service! A. Additional Servlces that maybe required, but are not Included above, can be provided for additional compensation. The potential Additional services are as follows: 1. Preparation of an Electric System Master Plan Including the assessments detailed herein and the Following: a. 10 -year forecast of system peak loads and DER/EV penetration b. System strategic plan and 5 -year CIP 2. DERAV Impacts & hosting capacity analysis 3. Presentation of device coordination recommendations, arc flash calculation methods and llndIrW, and Impacts on system reliability and safe working practices to engineering and operational staff I. LSU's Reaponslbllltles LEU shall provide the Information requested In Section 2A, participate In meetings, and provide requested feedback on project dellverables In a timely manner. 4. Schedule Upon contract approval and timely delivery of the data requested, Power Centric solutions, LLCwlll complete the Electric System Studley within 110 business days, Changes In schedule and project details may be made only through mutual agreement between Power Centric Solutions, LLC and LEU, and subject to LEU's approval. S. Pricing LEU shell pay Power Centric Solutions, LLC a Lump Sum amount not-t"xceed Forty-Nlne Thousand Six Hundred Dollars ($49,600) for the specified category of services as detailed above, assuming the breakdown shown In the table below. KIck-off Meeting & Model Updates System Normal & N4 Analysis Capacitor Placement_ Device Caordlnatbn Arc Flash Study _ Draft & Final Rae rtslfloview hrteating Tonal. _ -- Sg,9W $6,96D $ty80o $7,300 Tile document la ■ t OVIFIED reolonot'RJOCe E-R1,Copy4h1V Z0l3 by fSaNstiaoi lgookly orPoollm1 ., Snaine m Amaricancaanen oiK"XIMMill 9Camps nke, sad Amtrkan SocktyofClrll Enaintoo$ 0 Isbued In partoa tic@rplaNrn oopyrishW RL, OC documents, Thane port[vrneortho test AMI arlElasted II copyrishled MCDCdocumento nmalnerzbjtet toIhc Mpydght, • The Lump Sum constitutes full and complete compensation for Power Centric Solutions, LLC services In the specified category, Including labor costs, overhead, profit, expenses, and Consultant charges. Expenses Include transportation (Including mlleagel, lodging, and subsistence Incidental thereto; courier charges; reproduction of reports, Drawings, Speclf eatlons, and similar Specific Project -related Items. These expenses are not reimbursable under the Lump Sum method. The portion of the Lump Sum amount billed for services will be based upon an estimate of the proportion of the total services completed during the billing period to the lump Sum. Thla io nmi u a NtQi11t<IBII rtwlon orEdCDCi X303, Coprrlght�x09S by thcNstiatldUNIety or Pro W101141 Eagin anr, American CouuellorgogimacrlsgCows nits, in American Sociaty or Civil Enginan7, or le hated In pari on etceryIi nnm eapyriINted EJCDC: dotumanIs, Those pordonr of the seal Ihat nrlginsted In copyrighted E-WOC documanis ron+sln apb]aeI to All copyright, page 4 EXHIBIT C NOTA: The f;ffy of Lodi Is ROW using We Cnlfna WoUrartca program PtN8 Advannw, Once you havp born awardrd a cartinat yore w1Y rot RIve an ampff from the Clri'a nnllna Ina ursncs pnVAfirn AS4im4Ong you to 1brlvard the ii m811 fo your Insurance preVidel fel to aubm,4t the rrqulredln&urancl Oliva umantatlon afae;tmrrlcally 1[latt IS}n� t3arvioo■ CCntreofar Shall pmouro and ma In La In tar the dufntlom of the nonlrsot InauraAoa egnIns[ dalme far Injurlea to pornam or damages to p reps rty which may artsa from ar In connaollan with the perfarmance 01 the work hemunder and Iha moults at that work by the C0nIraoto r, his soon Is. ropro aanla Iva a, OMP ley eae or suboon1fdolora, MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shell be at least as broad as; 1. Con mcraiai 012narat] LIS bIIIty (CC3L); Inaurnnca 9arvloue Cfflce Form CQ Oa 01 oavednn CG1(, on fin 'accuFEB Am' baofn, Inoluding produalo and completed oporollorle, prCpnfly dorn"e, bodily Injury and pereonnl & udvarllalnp Injury with IiMI14 no leao than $1,000,000 par oceurranoe, if it osnaral appmnnto Ilmlt epplian, alihor Ilia gnrtaral agpmgota Ilmlt Shall nppty aapemtely to this pra)nnldnonllnn (180 CO n 03 oy 28 04) or the nenergt 099mgnlo Ihnit aktnll ha ty4ce Ihn reflulmd oonurranoo Ilrnll. 2, Automobile Lleblllty; ISO Form Number CA 00 01 covadno any auto or If Contractor hes no owned autos, then hlmd, and non - owned autos with Ilmh no tress than 11,000,000 per acoldonl for bodily Injury and properly damage. 3, Workers' Companse tion: as required by the Stets Of CslHemla, with Statutory Lhnlls, and Employers Liability Insurenoe with limit of no lass than $1,000,0 Do per eaddent Ibr badly Injury ordleaaee. 4 Professional Llablllty (Errore and Ornioolona) Inoufanoe approprlete to the Consuhant'n profopnion, wtlh limits not leas then 11,000,000 Par ooeurT rico or cinim, $2,000,000 nogrognte. Maybe welved by Risk Manager drnponding on the scope ofeeryloee. �l).tA area Proy�p,(a�g.; tat �1di0ilanl3l.�anliisl.In�tcd.SSBis� The City or Lod 1, 11 atoclod and nppu4 tad hoil rrfe, 0cnlmImIDT,a, aMee re, agonIs, emptoyeoe, and vofunlaare ara to bn cave red an additional Irtaurede on the COL. and 0frto polley wllh roapecl to (lability erlaing out of work Or oparadona performed by or on behsirof Ilia Coniroolor Including mntorlalo, Porto, or oqulpmont furniehod In connodlon with auoth work or opwollone. Grinerni 11nb]Illy COYM tno Crnn be prnvlded In Ilse term of nn ondoraernonl to the Conimotoeo Inauranca (at loeel As brood ns ISO Farm CG 20 10 1105 or Irnot avallable, through the addliion of both CG 20 IOP CO 2.0 20, 03 24 334 or CO 20 3O; &W CO 20 37 If a later edlllon Is mod IN L'f�[pA��nldbulory Hlt[S1A&Rlr�bS The IIAllts of Ineuranca covarega r"ulred may bo aollolled by a oombinCllon of primary and umbrella or oxasse Insursnoe. For any clelma Iodated (o this Contract, the Contm'310ea Instrranca Nvirregn shall be primary Coverage at Iaaet as broad U 180 CO 20 01 04 13 as respects the Enllty, its ofnoore, offldala, employees, and volunteers, Any Ineuranoo or sell4neurenoo maintalned by the Entity, its oMcorm, of alsla, employaee, or voluntaars shall be excess of the Conlrsclore Inaurdnee and Shall not oonldbute with It, (a) M Y.9L Q guWkabgp ContMator hereby 9runls to Clty of Lodi a weIva r of any dGht to aubm9at10n which any IAauror of said Con Iractor may aeg0a apalnot the Clly of Lodi by vlrtua of Ilia payment of any foes under such Insurance. Conlroclor aproos to obtain any nndoraement that may bo nocaMmry to enact Ihlawatverof eubrogrs0on, bul INS provlalon appllea regardlebn nfwhelhor Cr Act Iho Cliy of Lodl hes mcalved A walver of oubrogallon emdoraarnanl from ifra Insurer NOTE: (1) The Street address of the QIrx.Q4 LOnl must be shown along with (a) and (b) and (a) above; 221 West Plns Stmet, Lod], Csllfamla, 90240; (2) The Ineunanoa oentn aero must eters, on Its face or me an endorsement, a desorlptlan of the llI that It Is Ineuring. (d)DSfatA4HlIY�L!]�littsnL�leua32 The term 'Innurad" fo ueod rwvamlly and not oolleoliveiy, but the Inolunlon hemin of mors then one Insured shall not operate to Inareaen Ilia 1knit of the eampany'o liability underthe Contreetam cammardal general liability end automobile liability pollydee. (e) 1�03Ls� Ql �AnvaIIllll�of chmmy-In sc+tc dar�amonl TTrla polloy may not be canceled nor fhe coverage reduced by the company without 30 deya' poor written notice of such canculiallarr or mducuorr In oovar o_ to the Rloh Mnnogor, CI(lr of Lodi. 221 Wool Pine $L, Lodi, CA 00240. Page 1 I of 2 plods _ _ _ _� T Risk; rev. 3MI201e Signature: c.7��z'��G�®��../�1�(%r��1.��� Email: jmagdich@lodi.gov Signature: - Email: sschwabauer@lodi.gov (A G�rnituullkvLCQvrra�p All polloroo aliAll bo In ofhicl nn or hurdle Ulo (1011 day of ilia Tann ('[thin Aflmomanl, At lenal Ihl[(y430) dnya pilot to Via nxpboilon of 0ach Int urdncn Palley, Ccntrar1or at, nll filial elt a calllnam[a(4) eiiavrinfi 111 At a new or "arid 0d p011Cy has benrr 0bHlnad %stddl ('mato 1110 nnInlmutit tin glrIwo euto of Ihlo AutoanPoll l. Ccnlrntdor n11AII picvkin proof of OunUPiuinp inIUMdoo an nl11,4101 an annual bo Ala dOng Ihn Tnrnt. If CurliraC1Cie e innuPro ncn IApaaa or la dlaoofit inued for any season, Coll UAotnr Pill nll Immodlnlaty nnely Ihn City And fmrg5dintely obtain ropltaemnnt lnsilmnca. Confi4dor aproea Arial tupulAl05 ihnl any insunincv covernun piovldnd 101110 City of 1.4 01 @1 WI IvovW fora cialrna pArtod (011W,n0 ItTMIAellnn of UMriIgowhkir fs n tenet can Atin tit w!!h 01a ranlma p0rind or 4tn(ti taa al tin, Ito 110 rib found In the Call 1on5i1 Tort PIC toona ACI (Co III fnHit 0ova mmenI Code $nrtlon Pio 0l aaq.). [9l Ert]I1tAR1Q G4mk1Y if Cantnaator in 110 ormfuaan 10 0bin[a And hi all Ito In 11101 a Flu IFail lot UNI rl W, or fella (aplmvkle prnal of rovdiaga, Iia Cilyrnay ah!AIn lila IF' buroPico - CIO nlrno(ur ohvflralrit) uran kin City for promiumepaId, w:tlI inittoDI nn Hut pIaPit hrm pull by Ihn City at Ir a maxlfsrhlm n1lOAV010lapAl rale than in 0ffaol In CAllfomis. the City 6hA11 nallfy Cantracrarnf nuah pAyillAnf aiprnlnlum6 vAlitln Ihhly{3f3j diva alpnymnnl alnllnp !ho sniolml pnllt, Illo nnrna(d) of the Inartrer(0), and rote of Inlerant. CaNI-9 tar ('hall pny otrclk minthvrlrnmant antl Inlnrant an ilia nrnl (1al) dhy of lho mnnth iollavft Ill(' f,Ify'e not Ino. NOW thalendlno any ailinr prmblon (If 1115 Adroanion1. if Cfi nI(aGIor folly or rafuna6 In obtain or mnfnlAIn Innarranon as ingillred by thlA aato0mnn1, or Tale to provWe0401 of inDuranco, 11m Clly mny WnitnthIa Ii Oil Apreomm�t upon nhrcll b[eOCh. Upon such wfIrk aUon, Co11WIC lot alion IolaIoiINlary ce4" U 1 0rthe 3110 or (Rd I4IAA a n i I coiitit ioncn ilnil dIIlganIIy pureuo rho Font ovol of n n y and all of tie pa refin 0f pmgaFly from Iha 6110ar fAclfitae, ihl Yaflflattunn.QLVoim" Corntullnnt 011411 hifolnlr 111A City wllh n oapy of Ilia polfay (Iodarollon and andaraainnnt imlInfo), arloinel ondf cAbiA and nfol anifOto ry onavtooninn10 or WPI aa of Sha aplr7lrAbl0 pancyIMI>0U5y4 orid Woo Covard0a rggill roff by IN oil tis All cart] Rai tos and oil fIamemnnln aro is ba rnonWei d and appIalnd by thor Cily IMfefo work cnnlnlaaDoa- iiuvrover, inIIvm to obttin the Inquired (Iacum aofn pylar to Ilia v,xark henlfrninq 5111111 not W11 Iva iha C0mU11isnl'a oil ipPit to? I to provide Ihnan. The Cliy totoivea Ihn rig hI t0 ragUlm cornin101D. CAM lna6 Caplan of R1 (eq atarf inauranea pollotoa. indudlny AWOItonlnnIa requltod fly trate aDodRmUouit. AI anytime. PAllltra to exerclad thin right ehnll not ronoltlule it walvar of tfhn City's Flo ht to oxwelea 5(tor tha effaollve +lath. (U MEIakwed.gnttlARaaa :lolf•Inhured MIafntfana n:unl be rferJurod to end approved by the City, The clly nilly roquirn the Conanilant to provkfe pmoraf ablllly Io pay 1050ea and ralnled IrkvaOUgallana, clnlm adnainlalrallon, and ddPenne axpnnaea tvtlihln the rntandark. Tlhapolloylenounuo shall plovlda, or lin andoraed to pravlde, tint lha anlf•lnaurad mlenilon may Ila astfafled by elthur Iha named Ina[rrad or Cily, V) liYeurc�.n�v.l,Ilnllfk Tim IIrARe of hleworim donodhnd hnrntn AhAll not limn Inn llnkllflty orthh Conlraotur unit Conhactur'u atfk'aro, 6111pl0ya01F, 4!%o0rrta, rapranenla[IPlo all rind vol lriblam , Con1e`C'0ta u1ilIUAUon 10 doldnd, lndorovlly rind hold ilia City nod Ile elf!"re, ollldai5, ampluya5a, gUnnle and vofunl0nm hnmllena vndar file provlafunn allhln pnurginpf[ In not Ihnllad to or rcol; aiad by any requlramarll In Ilre Agroomeal for Conlraclor to procum and mnfolala n poliq olinawanco. (k) fllPlr• 9011mIgn Consultant ('hell ragulro rind vadl (het aft eubronlrectore ma[o[oln InaurnnrA maotr[g all the m4ulrernents elated herein, and CanaURanl shill annl,re Ill n1 City Is an addlknnl Insumd on ineuranoo rnrinifnd from subconlreclora ill Glnhua.tdasfs�['.dllf3aA if any of Iha roqulrad polfcinn pravido:.mverngo on a 010118-mndo bpote 1. Tho nolronallva ('Ata rnuat be Al,awn Anrl nluat be 110fora [tie dais of the aontreot arihe beginning of cantrnotworR, 2, fnewranee count he malntninad And evidenco of lonur4noe mual IM provided ter 0t Inst on (5) years Pinar completion of the aonlraot of work. 3. If navafog$ Is aancalod or non•rennwna, and not miniacarl wilh another doima-('gide pollry tarn( with it Rolroaaliva ante pilar (o the *011URti offoCtvo dole, the ConeUllallt mu91n11rtilaaa "exianded roportinp' wvnrape for a minlrmiam of ifve (6) Yam Ofter aompinUnn of rontl'n01 vnnk, (rl1) Atf41f(IAIL1l1ttUlaf(41 Ail inauranrn fnquired by It[5 terms of He Airmamenl mural be 1110vldod by lnaurera ifcanaad to do buo[naea In the 6t1te of CalifornIn whloh am ralod at 101161'A•, VI' by the AM Voat it aHnoa Childs, and w}rlm nra a0011R10bA to the CRY. Non•1dnhl(ad eur1ka [Ian ii r.1lrIInFri may ba ommjiInd pravldoFill, tiny am InrFudod an tlIa n1o51 rocaint I I o I oren11romto at191blo 0Urp!u0line 5 Irlsurore (1.�6!_f Illt) and alhurwlnn meet City requirenlmntt Signature: Aldi II Hits •, r, fw, �. h*III to nP1i—Ii Htttall: Jmagdlch@lodl.gov Paige 21 of 2 pages I (tisk: rev, 3/1/2016 Exhibit 2 AMENDMENT NO. 1 POWER CENTRIC SOLUTIONS, LLC PROFESSIONAL SERVICES AGREEMENT THIS AMENDMEN O. 1 O PROFESSIONAL SERVICES AGREEMENT, is made and entered this �--� (fay of 2021. try and betwean the CITY OF LODI. 9 muntolpal corporation (lieraillof(ur "Cl Y"), and Pt7WER CENTRIC SOLUTIONS, LLC, a Tennessee limited Ilabfiity company (hereinafter "CONTRACTOR"). WITNESSETH: I. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on August 27, 2020 (the "Agreement'), as set forth In Exhlbit 1, attached hereto and made part of; and 2. WHEREAS, CITY now requests to Increase the fees by an additional $75,000, for a total amount of $124,800, and amend the Scope of Services, as set forth in Exhibit 2, attached hereto and road® part of, and 3. WHEREAS, CITY now requests to extend the term of the Agreement through December 31, 2022; and 4. WHEREAS, CONTRACTOR agrees to the amendments set forth above. NOW, THERErORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement remaln unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation Steve Schwabauer STEPHEN SCHWAgAUER City Manager Attest: OJZIPFR SMIR, City Clerk Approved as to Form: Janice D. Magdich JANICE D. MAGOIC City Attorney jdm POWER CENTRIC SOLUTIONS, LLC, a limited liability company Tammy A. x(or President & CEO AMENDMENT NO, 2 POWER CENTRIC SOLUTIONS, LLC Professional Services Agreement THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this 17ft day of 00tbpr, 2022, by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY', and POWER CENTRIC SOLUTIONS, LLC, a Tennessee limited liability company qualified to do business in California (hereinafter called "CONTRACTOR". WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY, entered into a Professional Services Agreement on August 27, 2020 (the "Agreement") in the amount of $49,600, as set forth in Exhibit 1, attached hereto and made part hereof; and 2. WHEREAS, CONTRACTOR and CITY ENTERED INTO Amendment 1 to Agreement on March 1, 2021 for an additional $75,000 and extended the term of the Agreement to December 31, 2022, as set forth in Exhibit 2, attached hereto and made a part hereof; and 3. WHEREAS, CITY now requests to increase the fees by an additional $125,000, for a total amount of $249,600, and amend the Scope of Services, as set forth in the letter from CONTRACTOR dated September 7, 2022 attached hereto as Exhibit C and made a part of; and 4. WHEREAS, CITY now requests to extend the term of the Agreement through December 31, 2023; and 5. WHEREAS, CONTRACTOR agrees to the amendments set forth above. NOW, THEREFORE, the parties agree to amend the Agreement as set forth in paragraphs 3 and 4 above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on the date and year first above written. CITY OF LODI, a municipal corporation POWER CENTRIC SOLUTIONS, LLC, a Tennessee limited liability company (Oi— J -&X " L?a � I /� S T E P H E- N SCHWA U TAMMY A. AXTER City Manager President & CEO Attest: OLIVIA NASHED City Clerk Approved as to Form: NIC D. MAGDICH Cit torney I�'OWER CENTRIC SOLUT/ONSS_ Jeff Berkheimer Electric Utility Director City of Lodi Electric Utility Department 1331 S Ham Ln Lodi, CA 95242 Dear Mr. Berkheimer, EXHIBIT - 4 April 3, 2023 The City of Lodi Electric Utility Department (LEUD) requested Power Centric Solutions (PCS) continue providing as -needed engineering and design services and submit this proposal to extend the existing agreement through December 31, 2024. Initial discussions have focused on the tasks listed below; however, the listed tasks are not intended to limit requested services of PCS by LEUD. The PCS team will provide engineering and design services requested by LEUD that have been mutually agreed on in writing prior to execution. Further discussions with LEUD will be required to determine the specific scope of services, the estimated hours required and the budget to complete each task requested. The services will be provided under the existing contract dated August 27, 2020. TASK 1: CAPITAL IMPROVEMENT PLAN PCS has evaluated the LEUD system and developed preliminary capital improvements required to serve the potential load growth and service territory expansion. PCS will continue to provide the following services to complete the Capital Improvements Plan (CIP): • Model solutions for existing and projected load levels with recommended system upgrades • Prepare draft summary of analysis, findings & recommendations • Jointly prepare cost estimates for proposed solutions and system upgrades • Prepare final letter report TASK 2: ENCHANTED ROCK IMPACT STUDY & SUPPORTING SERVICES PCS has prepared an impact study to assess the distribution system requirements to interconnect the proposed 49.2 MW natural gas generation from Enchanted Rock, LLC. The impact study report was provided to PG&E; however, additional protective equipment/schemes and distribution system configurations continue to be evaluated by PCS. PCS will continue to support LEUD with the implementation of Enchanted Rock generation and complete the requested system analysis. PO Box 247 / Gallatin, LII 37066 / powercentricsolutions.mm TASK 3: INDUSTRIAL SUBSTATION RELAY UPGRADE SUPPORT PCS will continue to support LEUD with the replacement of the existing relays at Industrial Substation with modern digital relays from Schweitzer (SEL), where SEL is preparing the drawings for the project. The following services will be provided by PCS: • Planning and coordination assistance with PG&E • Consulting and QC reviews of SEL deliverables • Develop SEL relay settings based on the recommendation from the coordination study • Assistance integrating the new RTAC and relays with LEUD's existing SCADA system TASK 4: KILLELEA SUBSTATION RELAY REPLACEMENT Killelea Substation was constructed with indoor Siemens switchgear and has obsolete Siemens microprocessor relays and RTU that need to be replaced. PCS will continue to provide the following engineering services to accomplish the equipment replacement at Killelea: • Design replacement of the existing Siemens relays with SEL relays • Prepare wiring revisions for relay panels • Prepare settings files for new SEL relays • Design replacement of the existing Siemens RTU with a new SEL RTAC • Integrate new RTAC into the existing SCADA • Update switchgear drawings in AutoCAD TASK 5: CAPACITOR PLACEMENT STUDY PCS can evaluate VAR requirements on the LEUD distribution system based on the detailed WindMil model prepared for the CIP. PCS will use the WinclMil model to identify capacitor placement, size and control options to meet system requirements from the power supplier, optimize system voltage and reduce losses. PCS will provide a letter summary of the analysis, findings, and recommendations. The WinclMil model and other supporting documentation will be provided in electronic format at the completion of the study. TASK 6: HOSTING CAPACITY EVALUATION PCS can evaluate the capacity available on the LEUD distribution system to determine the maximum level of Distributed Energy Resources (DER) that can interconnect within system technical limits. PCS will determine maximum DER penetration levels at defined zones on the 12 -kV system, incorporating existing or planned DER. The zones will be delineated by substation buses, feeder breakers, and some mid -stream feeder locations. PCS will provide a letter summary of the analysis, findings, and recommendations. The WinclMil model and other supporting documentation will be provided in electronic format at the completion of the study. PO Box 247 / Gallatin, TN 37066 / powercentricsolutions corn J TASK 6: GENERAL ENGINEERING In addition to the preliminary tasks identified above, LEUD may request additional engineering and design services as needed from PCS including but not limited to: • Henning Substation relay upgrade support ■ Substation drawing standardization • Short circuit analysis and fault location on the 60 kV system • General substation testing procedure documentation • Rich Foods recloser settings • Distribution Automation (DA) assistance Estimated Fee The estimated range of engineering and design services meets LEUD's initial budget funding offer increase of $150,000. The services are to be provided under the existing contract terms dated August 27, 2020. Acceptance of the proposal will increase the overall approved budget funding to $399,600. LEUD shall pay for the general engineering and design services requested the amount equal to the cumulative hours charged to the specific project by each PCS employee times Standard Hourly Rates for each applicable billing class. In addition, PCS shall also be entitled to reimbursement for specific project - related expenses. PQ Box 247 / Gallatin, TN 37066 / powercentrlcsolutions corn Hourly rates as of the effective date of this document are as follows: Closing We thank you for the opportunity to continue supporting the City of Lodi Electric Utility Department. Should you have any questions or require additional information, please contact me at (615) 804-6316 or at kmullen@pwrcentric.com. POWER CENTRIC SOLUTIONS, LLC Keith Mullen Principal & Vice President PO [-"r>x 24/ / »ailai:in, 7N 3701st=, / pcv'wr«ntnc,,olui.ir,ns cnm Classifications Clerical Hourly Rates $85.00 per hour Designer 1 $85.00 per hour Designer II $95.00 per hour Designer III Senior Designer 1 Senior Designer II $110.00 per hour $130.00 per hour $140.00 per hour Senior Designer III $150.00 per hour Engineer $145.00 per hour Lead Engineer $170.00 per hour Senior Engineer $190.00 per hour Principal Engineer $205.00 per hour Project Manager $190.00 per hour Senior Project Manager $205.00 per hour Closing We thank you for the opportunity to continue supporting the City of Lodi Electric Utility Department. Should you have any questions or require additional information, please contact me at (615) 804-6316 or at kmullen@pwrcentric.com. POWER CENTRIC SOLUTIONS, LLC Keith Mullen Principal & Vice President PO [-"r>x 24/ / »ailai:in, 7N 3701st=, / pcv'wr«ntnc,,olui.ir,ns cnm EOF 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 Requirements for Professional Services 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 $1,000,000 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. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services. 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) Prima and Non-Contributo 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 oject that it is insuring. (d) Severability of Interest CIause 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 11 of 2 pages Risk: rev. 3/1/2018 (f) Continuity of Covera cLe 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. (j) 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) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(s1 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 RESOLUTION NO. 2023-93 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH POWER CENTRIC SOLUTIONS, LLC, OF GALLATIN, TENNESSEE, FOR LODI ELECTRIC UTILITY ENGINEERING SYSTEM STUDY SERVICES WHEREAS, in August 2020, the City Council approved a Professional Services Agreement (Agreement) with Power Centric Solutions, LLC (PCS) in the amount of $49,600 for a comprehensive engineering study of the electric distribution system with the primary task of updating Lodi Electric Utility's (LEU) existing distribution system circuit model and analyzing load serving capabilities; and WHEREAS, in February 2021, the City Council approved Amendment No. 1 to the Agreement with PCS in the amount of $75,000 to perform updated system loss studies, support the integration of LEU's engineering software to the new GIS platform, perform interconnection studies as needed, as well as provide other engineering expertise to support LEU; and WHEREAS, in September 2022, the City Council approved Amendment No. 2 to the Agreement with PCS in the amount of $125,000 to provide additional engineering expertise to support LEU's various projects; and WHEREAS, LEU has identified various additional tasks that need significant engineering support to improve overall system performance and reliability, including load growth and power flow evaluation, engineering analysis, support for relay upgrade projects at various substations, as well as engineering support associated with the State of California natural gas power plant currently under construction. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Power Centric Solutions, LLC, of Gallatin, Tennessee, for Lodi Electric Utility engineering system study services, in an amount not to exceed $150,000, for a total approved contract amount of $399,600; 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: May 17, 2023 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2023-93 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 17, 2023 by the following votes: AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Assistant City Clerk 2023-93