Design Professional Agreement with BKF Engineers/Exhibit A-Scope of Services Page 1 Rev. 09-28-18
EXHIBIT A
SCOPE OF SERVICES
I. GENERAL
Description of Project, Services, and Objective
BKF Engineers (Consultant) shall provide engineering design services to prepare the design and construction bid documents (p lans, specifications, and engineer’s estimate or PS&E) for public works construction bidding of the Lafayette Street Class IV Bikeway and Pavement Rehabilitation Project (Project).
The design professional services (Service s) includes the design of Class IV bicycle lane facilities along Lafayette Street between Reed Street and Laurelwood Road; roadway pavement rehabilitation for Lafayette Street between Reed Street and Aldo Avenue; installation of Americans with Disabilities Act (ADA) compliant accessibility ramps; reconstruction of concrete m edian islands as-needed to accommodate lane geometry, traffic signal modifications at intersections as-needed to accommodate lane geometry and new ADA-compliant ramp s; pavement evaluation and geotechnical investigation; final design for the Plans, Specifications and Estimate (PS&E); and support for bidding, construction, and post-construction as described in this Scope of Services.
The City’s objective is for Consultant to provide all design professional Services necessary to design the Project for cons truction as contempl ated in the City’s Request for Proposals (RFP), the Consultant’s response to the RFP (Proposal), and as described herein this Agreement, for the following Project Objectives:
To install CL IV bicycle lanes on Lafay ette Street between Reed Street and Laurelwood Road.
To perform pavement rehabi litation on Lafayette Street between approximately 100 feet south of Reed Street through the Aldo Avenue intersection
Background
This Scope of Services is based upon Consul tant’s Proposal dated July 26, 2023 in response to City’s Request for Proposals, and subsequent negotiations between City and Consultant. It is mutually agreed by City and Consultant t hat this Scope of Services incorporates Consultant’s pr ofessional qualifications and experience and will meet City’s objective.
The Project is referred to by various titl es within City’s document ation, including as listed below, and is subject to change, all of which sha ll be considered as meaning the same Project:
Lafayette Protected Bikeway Project
Lafayette Class IV Bike Lanes Project
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Lafayette Street Class IV Bikeway Project
Lafayette St Bicycle Project
The Project is partially funded by Santa Clara Valley Transportation Authority (VTA) 2016 Measure B Bicycle/Pedestrian Capital Program grant funds. City has entered into an agreement with VTA to fund the design phase of the Project. Grant funds for the construction phase of the project is contingent on a separate agreement between City and VTA to be initiated upon completion of preliminary design of the Project.
The Consultant shall cooperate with City in completing the preliminary design as a precedent to a construction funding agreement between City and VTA.
The funding agreement for the design phase between the City and VTA for the 2016 Measure B Bicycle/Pedestrian Capital Program grant funds requires that the design services be completed no later than Dece mber 31, 2024 and the C onsultant should adhere to this date. For the purposes of this Agreement, completion of design Services shall be defined as completion of Task 1 through Task 4 of this Scope of Services.
Consultant Team
Consultant shall provide the Services described herein through a consultant team (Project Team), comprised of Consultant and its staff, and subconsultant(s) and its staff, identified as follows:
Consultant: BKF Engineers
Subconsultant(s) to BKF Engineers:
Cornerstone Earth Group Geot echnical Investigations and Recommendations for Pavement
To be determined Utility Potholing (Optional Service)
Any changes to the Project Team through the course of Services is subject to approval in writing by City. All Services described in this Scope of Services shall be self-provided by BKF Engineers unless specifically described otherwise, or otherwise approved in writing by City. City shall have the right to approve any subconsultant(s) or subcontractor(s) described above as to be determined.
Baseline Solution and Assumptions
Representations made in the City’s Request for Proposals, the Consultant’s proposal, and subsequent negotiations between City and Consultant resulting in this Scope of Services represent the Baseline Solution to meet the Project Objectives.
Should there be deviations from the Baseline Solution that results in Services or fees being materially or significantly different than represented for the Baseline Solution,
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the Scope of Services and Schedule of Fees shall be addressed by City and Consultant in writing prior to Consultant proceeding with any Services deviating from the Baseline Solution.
In the case of discrepancy or ambiguity for the Baseline Solution, the following order of precedence shall prevail:
1. This Scope of Services and Schedule of Fees
2. Information generated between City and C onsultant in preparing this Scope of Services and Schedule of Fees
3. The Consultant’s Proposal
4. The City’s Request for Proposals
II. RESPONSIBILITIES OF CITY
City will provide the following information regarding the Project as-available:
Record drawings and maps (as-available)
Information from City’s Str eetsaver pavement management system City’s Standard Details, Specificati ons, Benchmark, and Design Criteria Storm Drain (SD), Sanitary Sewer (SS) , Electric, Water and Recycled Water Block Book Maps (as-available)
Geographic Information System (GIS) dat a including land parcels, street centerlines, City sanitary sewers, City stor m drains, City water lines, City electric utilities, and aerial photographic tiles (as-available) Payment of permit application fees to agencies for construction permits, if required; City may assign Consultant as the City’s agent in applying for and obtaining permits for construction (e.g. County encroachment permit, Caltrans permit). Any permits required for the professional Services to be provided by Consultant during the design phase shall be secured and paid by Consultant. Fees for said permits, if required, may be pass-thru re imbursed by City to Consultant without markups through Consultant’s invoicing.
III. BASIC SCOPE OF SERVICES
The Basic Scope of Services includes prof essional Services required to design and prepare bid documents (plans, specificati ons, and engineer’s estimate or PS&E) for public works bidding of the Project. The following Tasks shall be completed by Consultant.
1. TASK 1: PROJECT MANAGEMENT
Consultant’s Project Manager will be responsible for managing the Project Team, providing the resources to complete t he Services, monitoring and updating the Project budget and schedule, im plementing a quality assurance/quality control program, and communicating regularly with the City and Project stakeholders.
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1.1. GENERAL PROJECT MANAGEMENT
Throughout the duration of the Projec t, Consultant’s Project Manager will provide the general project administr ation and coordinate the design and approval process with the City. Consultant will provide project management services for each Task beginning with the Notice to Proceed and ending upon completion of the Construction Do cuments Task (Task 3). Project management for subsequent Tasks (e.g. Task 5 Construction Support and Task 6 Project Closeout) shall be considered as incorporated in the Services and fees provided under t hose Tasks and not invoiced under the Project Management Task.
Consultant’s Project Manager will be responsible for ensuring that the Project Tasks are completed in a timely manner.
1.2. PROJECT KICK-OFF AND MILESTONE MEETINGS
A kick-off meeting will be scheduled with the City soon after the Notice-to- Proceed to confirm Project scope and objectives. Consultant will meet with City staff to establish project expectations, discuss agency reviews and confirm the schedule for the Project.
Consultant’s Project Manager will set up and run virtual meetings with the City after each deliverable/milestone submittal to review comments.
Consultant’s Project Manager will discu ss the Project progress, issues which may affect the Project sc hedule and budget, and any other agenda items that the City may request fo r discussion. Agendas, action logs, updated project schedules and meet ing minutes will be prepared and distributed. Consultant’s Project M anager will ensure at least one meeting occurs during each stage of design (35%, 65%, 95%, and 100%) and will maintain continuous communication with the City to ensure the City’s goals and expectations are being satisfied.
During the course of Services while there is active Services on the Project, City and Consultant may schedule brie f conference calls, as-needed, and at a frequency of no more than bi-weekly (every other week) to keep City appraised of the project’s progress and address any is sues that may arise during the course of Services. Conference calls shall not be considered as formal meetings and time for said calls may be considered and invoiced as Project Management.
Consultant’s Project Manager will be responsible for scheduling and sending out email invitations for a ll meetings, includ ing preparing and distributing agendas and meeting notes for all meetings.
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1.3. INVOICES, PROGRESS REPORTS, AND PROJECT SCHEDULE
Consultant will prepare progress reports to be submitted with invoices. The progress report will include Services pr ovided during the invoice period, Services anticipated during the next invoice period, issues, and progress schedule.
Consultant’s Project Manager will prepare and update the schedule for the entire project using Microsoft Project software to be submitted at each milestone meeting, and any time milestone dates are changed. Project Schedule will include key milest ones and agency review periods.
Consultant shall notify City if there ar e delays in any phase of the project.
In such cases, Consultant shall make up the schedule in subsequent phases of the project or provide information to City substantiating a time extension.
A detailed project schedule was provided with Consultant’s proposal and updated during the preparation of this Agreement, and is incorporated into this Agreement by reference.
Task 1 Deliverables:
1. Meeting agendas, materials, and meeti ng minutes for each Project meeting.
2. Project schedule and updates in MS Proj ect format (submitted electronically as a pdf file, and in native MS Project format (if requested)).
3. Progress reports and invoices.
2. TASK 2 – DATA GATHERIN G & PRELIMINARY ENGINEERING
2.1. GATHER & REVIEW EXISTING INFORMATION
Consultant will research, obtain and review available information necessary for the design of the Project. This information includes existing documentation related to the project and the surrounding areas, as well as environmental resources, including: su rvey and aerial phot o data, right-of- way maps, relevant traffic data and studies, and pavement condition assessments. Consultant has or will also review additional documents identified in the RFP:
Santa Clara Bicycle Master Plan Update 2018 for bicycle route continuity of this Project and other existing or planned bicycle facilities.
Coordinate with Basset and Laurelwood Bicycle Lanes project currently under design to insta ll bicycle lanes along Laurelwood Road and Bassett Street, to the nor th of this Project, anticipated to be constructed prior to this Project. Consultant will ensure
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design consistency with the Project. At the northern Project limits, the design for providing bicycle route continuity from Lafayette Street to Laurelwood Road th rough the Lafayette/Laurelwood intersection will be considered as part of the Project’s scope of work.
At the southern Project limits at Reed Street, Consultant will design the termination of the bicycle corri dor to transition to existing conditions.
It is assumed that the type of Class IV bicycle separation will be striping with flexible plastic delineators.
Consultant will compile available pavement condition index, right- of-way record maps, title reports, utility occupation drawings, block maps, and third-party utility information of record to supplement the topographic base sheets and begin the utility verification process.
2.2. FIELD VISITS (PAVEMENT CONDITIONS)
This Task includes an overall project and pavement site reconnaissance to confirm the rehabilitation treatment of Lafayette Street. Consultant will observe the type and frequency of distre ss, identify digout/failed locations and determine recommended pavement cori ng locations. This limited site reconnaissance is not intended to pr ovide detailed pavement condition index (PCI) evaluation or values. Full traffic control is not considered needed for this Task. Additionally, any manhole or utility covers that are identified as depressed will also be noted.
Consultant will mark failed/digout areas in the field using white paint and transfer this information on the plans.
2.3. TOPOGRAPHIC SURVEY SERVICES
Consultant will conduct PS&E level surveys to supplement collected GIS information in support of the design. Consultant survey will include the following:
Establish the Project Control ( horizontal datum: NAD83 Cal Coords; vertical datum: City benchmark (NAVD88)
Perform field survey at a total of seven (7) signalized intersections within the project limits to record the existing conditions. Field survey will include surface features in order to detail location of signal poles, information for curb ramp replacement, and cross slope/grade of pedestrian street crossings. These seven (7) signalized intersections are as follows:
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Reed Street
Memorex Dr - Mathew St
Martin Ave
Walsh Ave
Central Expy
Laurelwood Rd
Aldo Ave
Perform field survey at intermediate intersections (total of 18 curb returns) to confirm existing conditions for curb ramp replacement.
These intermediate intersections (and number of curb returns) are as follows:
Parker Ct-Parker St (4)
Di Giulio Ave (2)
Shulman Ave (2)
Richard Ave (2)
Owens-Corning (2 plus island)
Comstock St (4)
Duane Ave (2)
Identify slopes of pedestrian stre et crossings, including pavement cross sections at 100’ intervals (approximately 85 sections total) to obtain information about existing pavement cross slopes and median for consideration in the design of the pavement section and relocated medians.
Use aerial photo and GIS as background with supplemental field survey. However, as an Optional Service, and as authorized by the City, an aerial topographic survey with color orthophotos for the Project corridor may be provided as described in Section IV Optional Services, of this Scope of Services.
Map the locations of utilities within the limits of curb ramp replacement. Utilities may include water meters, backflow prevention devices, fire hydrants, valves, utility boxes, utility poles, pole-mounted lights, drainage inlets, manholes and cleanouts. The depth of gravity utilities will be measured, provided there is readily-available access through manholes and stormwater inlets.
Consultant and City mutually assume that resolved right-of-way mapping is not required given that the project will not require acquisitions to support the proposed improvements. Boundary mapping will be from GIS and checked against available City and county record information. Right-of-Way lines should be displayed as generally correct on the plans per available record information but is not required to be fully resolved.
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2.4. GEOTECHNICAL INVESTIGATIONS
The Services provided in this subt ask will be performed by Cornerstone Earth Group (Cornerstone) as a subconsultant to Consultant.
Pavement Section Coring and Subgrade Sampling
To determine the existing asphalt concrete pavement sections, presence of pavement fabric, and identificati on of underlying subgrade material, Cornerstone will core the existing pavement. It is anticipated by Cornerstone that up to 24 cores will be performed within the Project limits.
Upon completion, cores will be backfilled with rock and quick-set, non-shrink grout. Preferred core locations w ill be based on the site reconnaissance performed by Consultant, and in coordination with Consultant and the City.
Cores will be performed using portable coring and sampling equipment.
Cores will extend to approximately 2 to 3 feet below existing AC grades.
Some cores should be located within distressed pavement areas, if applicable.
The above core spacing is approximately 300 to 500 feet. Closer core spacing may be determined based on actual pavement conditions. This spacing provides for efficient and a ccurate data correlation. Cornerstone will also collect subgrade soils at up to 3 core locations, in coordination with Consultant and City, for Resistance value testing (R-value, CAL 301) testing. The above Tasks will provide the most accurate estimates and in providing pavement maintenance and rehabilitation alternatives.
Non-Destructive Pavement Deflection Testing
As an Optional Service and as approved by the City, Cornerstone may also conduct pavement deflection testing concurrently with the coring activities.
The assumed pavement treatment in t he Baseline Solution is resurfacing with a 2-inch AC maintenance mill and replace. For this treatment, Cornerstone recommends to perform in-s itu pavement deflection testing.
This testing may provide a higher le vel of certainty and more accurate estimate of the pavement conditions and remaining serviceable life. This testing may also provide data for estimating the appropriate overlay thickness based on the existing pavement condition. Cornerstone further recommends performing a corresponding pavement core (paired) to provide better estimates of the existi ng AC pavement structural sections and supporting subgrade soils. Pavement deflection testing in conjunction with the above Tasks will provide the most accurate estimates and very helpful in providing additional main tenance and rehabilitation alternatives such as Cold In-place Recycling (CIR). Pavement deflection testing will be
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performed using the Benkelman Beam procedures. Tests are performed approximately every 300 to 500 feet in each direction. Pavement deflection testing will be in accordance with Ca ltrans Test Method 356. Pavement deflection testing will be performed concurrently with the pavement coring, including full traffic control.
Traffic Control
The Schedule of Fees incorporate anticipated costs to provide full traffic control to complete the field explorations described in this Task. The basis of the fees assumes traffic control provided on a per-day basis and assumes a full 8-hour workday, from 9:00 AM to 3:00 PM, including lane closures and all necessary temporary traffic control devices. A to tal of (3) three days of full traffic control have been assumed to complete the field exploration.
Cornerstone and Consultant shall coordinate with the City in advance of the field exploration to review the work plan, traffic control, including the day(s) and time(s) of closures, and to arrange ov ersight by City field staff of the work to be completed in the field.
Permits and Street Access
The Services are being provided for the City of Santa Clara under this Agreement. Therefore, any fees associated with lane closures, bonds, and encroachment permits will not be charged by the City. Should fees become charged, such fees will be a pass-through cost to the City without markups.
Engineering Analysis and Report Preparation
The engineering analysis phase of Services will develop recommendations for pavement rehabilitati on and/or repair alternatives. Cornerstone understands that resurfacing (mill and repl ace) is the Baseline Solution.
Cornerstone will also provide additional maintenance and rehabilitation alternatives, if appropriate. City desires that Cold In-Place Recycling (CIR) be analyzed as one of the maintenanc e and rehabilitation alternatives, contingent upon City’s approval of t he Pavement Deflection Testing Optional Service. The data obtained from the field exploration and laboratory testing progr am will be utilized in t he engineering analysis.
Cornerstone will prepare a Pavement In vestigation Report for the overall project. The report will include the following items:
Site plan showing core test locations
Laboratory test results
A detailed discussion of findings and recommendations, including:
Limited pavement distress type and conditions
Pavement test results
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Pavement treatment/repair alternatives
2.5. MEMORANDUM OF FINDINGS
Based on field evaluation and coordinat ion with the City and Cornerstone, Consultant will prepare a brief memorandum documenting findings of Preliminary Engineeri ng for City’s acceptance prior to moving into Construction Documents. The memo randum will include identification of constraints, approach to curb ramp replacement and identification of impacted traffic signal equipment due to ADA evaluation and curb ramp replacement.
2.6. STORMWATER TREATMENT EVALUATION
Consultant will evaluate and prepare calculations to ensure that the project meets the latest provisions in Na tional Pollution Disc harge Elimination System (NPDES) Construction General Permit as required by the State Water Resources Control Board (SWRCB).
Consultant understands the City desire s that this project will not be a Regulated Project under the most recent Municipal Regional Permit. Consultant will recommend pavement treatments that do not trigger the project to becom e regulated and will be required to perform any necessary calculati ons or supporting documents to substantiate that the project as non-regulated. This Project is also not considered a candidate for any Green Stormwater Infrastructure (GSI), and no GSI is expected for the project.
Consultant will provide written calcul ations, documentation of findings and recommendations. Consultant assumes that this project falls under the MRP 3.0, Provision C.3., Type 5 Regu lated Project, Road Reconstruction Projects requiring treatment for proj ects creating 1 acre or more of contiguous impervious surface. It is ant icipated that for this Project, the combination of digouts and replacement of curb ramps will be under 1 acre of contiguous impervious surface and t herefore is exempt, such that no permanent stormwater treatment will be required due to the “maintenance” nature of this work.
2.7. UTILITY COORDINATION
Consultant will perform ut ility record research to map utilities boxes, valve covers and manholes along Lafayette Str eet within the project limits to be adjusted to grade, identify potential utility conflicts and coordinate with third party utility owners (such as SVP, PG&E, AT&T, Comcast and other impacted utilities within the Project area) to resolve conflicts. Per the RFP, full mapping of utilities will not be nece ssary unless a specific conflict is
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identified. However, utility surface f eatures will be identified on the plans.
Consultant will provide written notices describing the proposed construction schedule and Project limits. As part of the utility coordination Services, Consultant will:
Request utility mapping and as-built s from all affected utility owners Review as-built information for the Project area
Identify surface utilities and monuments in the field Display utility surfac e features on the plans
Identify potential utility conflicts
Prepare notices and exhibits for utilities in conflict with the work for purposes of coordinating with utility owner
Based on Consultant’s experience wit h similar roadway maintenance and rehabilitation projects, it is expected that a design that avoids significant impacts to existing utilities can be co mpleted. A utility locating allowance (with options such as ground penetrating radar and/or non-destructive vacuum excavation) is included as an Optional Task in Section IV Optional Services of this Scope of Services to support the investigation of utilities in potential conflict with the proposed improvements.
2.8. PRELIMINARY (35% DESIGN) PROJECT PLAN SUBMITTAL
Consultant will develop preliminary design plans based on the City’s concept plans to confirm the proposed improvements. The plans will be prepared in AutoCAD 2021 and follow the City’s cu rrent drafting standards. The preliminary design plans enclosed in the RFP will serve as the basis for the “35% Design” for the Project.
The preliminary (35% design) pl ans will be prepared on an aerial photo and/or GIS background and include all dimensioned striping elements of the Class IV bikeway, ramps to be replaced/added, proposed green conflict striping and crosswalks c onfigurations, advanced st op bars, and limits of pavement rehabilitation. The 35% des ign will be used to confirm early consensus of the project design, and development of a full PS&E package will occur subsequently in the Construction Documents Task. The preliminary (35% design) plans will be comprehensive to identify potential impacts early in the approval proce ss with the City to minimize design changes and efforts later in the design development process.
Consultant will evaluate the curb ramps and slopes of pedestrian street crossings against accessibility standards and make recommendations to implement improvements to the Maximum Extent Feasible (MEF) with the resurfacing Project.
It is mutually understood by City and Consultant that the Project does not anticipate any pavement wo rk to the PCC sections of
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pavement between 101 and Aldo Avenue, or south of Reed Street. Consultant will work with the City for further evaluate of the type of vertical separation for the bikewa y selected during the Preliminary Engineering Task for the Project. For purposes of Consultant’s design efforts for the Project, pe rmanent fixed barriers, such as concrete curbing, will not be considered for the Project. It is Consultant’s understanding that relocated medians and reduced medians will be paved or contain a hardscape element (no planting or irrigation).
The 35% Design will be circulated by City for internal review and comments, and Consultant shall review and respond to comments.
Task 2 Deliverables:
1. Field Visit notes (Upon request by City)
2. Topographic survey information (Upon Request by City)
3. Pavement Investigation Report
4. Memorandum of Findings
5. Stormwater treatment calculations and exhibit
6. Utility information
7. Preliminary (35% Design) Project Plans, with comments review and responses.
3. TASK 3 – CONSTRUCTION DOCUMENTS (PS&E)
Upon completion of Task 2, Consultant will initiate the construction documents.
If changes in the Scope of Services or Schedule of Fees under this Task are expected to be required by Consultant due to changes in the Baseline Solution identified during Task 2, Consultant and City shall conf er prior to Consultant providing Services under this Task.
The Construction Documents will be progr essively developed via milestone submittals (65%, 95%, 100%, and Bid Set) per the subtasks described herein.
3.1. 65% PS&E SUBMITTAL
Because the 65% submittal will become the backbone of future design submittals, Consultant will solidify the design of the proposed improvements from comments received at the Preliminary “35% Design” submittal.
Consultant will prepare, coordinate and submit the following design plans:
Cover Sheet: Provide an overview of the proj ect locations and limits with an index of project sheets.
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General Notes Sheet: Include City standard project notes and special notes pertinent to the Project.
Demolition Plan: Identify existing conditions and work required to address impacts of the proposed improvement s to existing features, including demolition of existing curb ramps, curb and gutter, sidewalk and median islands for purposes of placing new cu rb ramps. Protection of existing facilities will also be identified on this plan.
Layout Plan: Prepared on 20-scale plan sheets. Base sheets will include basic horizontal layout information and all major construction features including curb ramp, median and sidew alk construction, edge conditions, and intersection conforms. Layout plans will also identify proposed pavement rehabilitation methods and itemize irons to be adjusted to grade within the pavement resurfacing areas.
Consultant understands that the City has been awarded funds for a separate project that plans to install a pedestrian signal and curb returns at the intersection or Parker St and Laf ayette St. This proposed project is planned to be constructed after this bikeway project. Consultant will assume upgrading existing curb ramps at the Parker/Lafayette corners under the current Project insofar as meeting ADA requirements due to the bikeway project and coordinating design with the future project for compatibility.
Construction Details: Prepared to reference Cit y of Santa Clara and Caltrans standard plans, and provide addi tional guidance to the contractor for grading at curb returns and pavem ent conforms. Full curb ramp details will be prepared to incl ude grading, right-of-way, signal poles, boxes and pavement conforms. The f easibility of implementing two curb ramps per curb return will be investigated. City and Caltrans standard details will also be included in the construction details.
The Construction details will also include a Monument Preservation sheet that lists all street mo numents within the project limits with notes of the actions required by construction cont ractor to preserve the monuments, such as file corner record, protect in place, adjust monuments box, replace monument box, install monument box, reset monument, or construct new monument.
The Construction Details may also incl ude details of intersection grades (existing and proposed slopes and elevatio ns) if the construction work will include changing slopes of pedestrian street crossings. These intersection details may also include information needed for reconstruction of pavement structural sections if so required due to changes in grades. These details may be combined with sheets prepared for curb ramps or intersections.
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Signing and Striping Plan: Prepared based on the approved Preliminary (35% design) plans and the City-prov ided concept drawings. Plans will be prepared on 40-scale and will delineate the proposed striping including signage for the bikeway corridor. Consul tant will investigate existing signs along the corridor and propose modifica tions or new signs commensurate with the new bikeway. Signage work will be shown on combined signing/striping plan sheets.
Traffic Signal Modification Plan (as- built image): Consultant will perform both record investigations of as-built drawings (as- available) and field investigations of signals to accurate ly identify existing conditions and equipment. It is anticipat ed that elements of cons truction work will be re- cutting of signal detector loops with associated handholes due to the pavement work and any striping shifts, addition of bicycle detector loops including new DLC (if required) to the cabinet, and modifications as needed to accommodate pedestrian push button locations under ADA as related to the geometry and design of curb ra mps and pedestrian street crossing geometry. Consultant assumes preparat ion of stand-alone plan sheets for the signal work to accurately identif y the construction items, but does not expect to fully draft complete signal modification plans such as drafting full conduit routes, phasing diagrams, pole and equipment schedules, or conductor schedules. Traffic signal plan modifications will be prepared using an image of as-built plans as background.
Staging and Traffic Handling Plan: Due to the nature of pavement rehabilitation work, it is mutually ant icipated by Consul tant and City that staging and traffic handling for project improvements will be typical temporary traffic control systems to be prepared by the construction contractor according to specificat ions and Consultant prepared plans are not required to be provided in the Construction Documents.
Consultant will coordinate with City’s traffic engineering division and determine allowable work hours and allowable lane closure hours based on constructability and cost impacts, to be incorporated into the project documents. It is antic ipated that lane closure charts and other Project- specific traffic handling provisions will be included in the specifications.
Specifications: The Project technical specifications will be prepared in the City’s standard format for all work item s necessary for the construction of the Project. Consultant will assemble t he Technical Specifications for the Project. The City will prepare the “front-end” boilerplate specifications for the project and Consultant will provide information to City necessary to complete the boilerplate. The followi ng is information contained within the City boilerplate that Consultant will provide information:
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Consultant’s professional engineer seal and signature Description of work
List of Plan sheets
Type(s) of Contractor ’s License required
Schedule of Bid Prices
Requirements for Contractor’s St atement of Qualifications (e.g. experience requirements for prev ious construction contracts, contract values, or specialty experience).
Number of Working Days for S ubstantial and Final Completion Recommendations for appropriate Liquidated Damages
Identification of any project-specific changes to the City’s boilerplate that are required
Specifications will be subm itted in MS Word format. Consultant will begin Services on the Specifications and S pecial Provisions upon completion of the Preliminary “35% design” submittal and bas ed on the 2022 Caltrans Standard Specifications.
Construction Cost Estimate: Consultant will prepare a preliminary cost estimate to ensure that the magnitude of cost corresponds to the Project’s budget. Should the scope exceed the budget, Consultant will work with the City to develop alternative strategies to move the project forward. Cost Estimates will be submitted in MS Excel format.
Quality Assurance/Quality Control (QA/ QC): Consultant will perform an in-house QA/QC review of the doc uments submitted to the City.
Consultant’s quality control review for the 65% submittal will include the review of the design package fo r compliance with the governing jurisdictional standards and completeness.
The review will focus on ensuring that the plan elements are clearly delineated. The different project sheets will present the design in a common manner with no contradictions or variances.
3.2. 95% PS&E SUBMITTAL
Consultant will refine, finalize, and detail the Project including resolving and incorporating all design comments resulting from the 65% submittal review.
A major task associated with this resolution is balancing the requirements of the stakeholders, including utility owners. All gaps in the design caused by late-coming changes or pending design and policy decisions will be specifically targeted on the 95% design documents for immediate resolution.
Construction details for the project elements will be finalized as part of this phase of the design process. During the 95% design phase, Consultant will closely monitor the resolution of crit ical activities, which have their own
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separate and defined timeline. Consultant will review and finalize the request for service and/or utility owner’s relocation plans, schedule and implementation. Prior to completi on of the 100% design documents, Consultant will coordinat e with the City and stak eholders to resolve any remaining issues in design scope, schedule and construction operations.
The focus of the Project Team is to finalize the supplemental project information that forms the basis of design for the Project. All project sheets, which will be represented in the bid documents, will be identified and developed in varying degrees of detail during this phase.
All the major components of the design plans, technical specifications and estimate will be included in the 95% design submittal. With the establishment and review of the in tersection and improvements within the Project limits, design will be producti on-oriented for preparation of 95% project plans.
Prior to delivering the 95% submittal, Consultant will complete its own in- house review of all outgoing documents. Cost estimates will be updated and compared to the available budget.
3.3. 100% PS&E SUBMITTAL
For the 100% PS&E submittal, Consult ant will incorporate or resolve any remaining comments received as a resu lt of the 95% submittal review.
Consultant will also conduct remaining site investigations. It is crucial that the design engineers are confident that existing field conditions have not changed since inception of the project and are depicted accurately in the 100% PS&E documents.
Assumptions, in lieu of verifications, are not acceptable; therefore, Consultant will walk the site with the bid documents prior to submittal. All remaining aspects of the design will be finalized in order to prepare a complete, checked and bid-ready set of documents. Sc hedules for utility relocations will be confirmed. The construction cost estimate will be updated and formatted to its final form.
Consultant will conduct a final quality control review on all documents to ensure that all design elements are thoroughly addressed prior to their submission to the City.
3.4. BID SET SUBMITTAL
For the Bid Set submittal, Consult ant will incorporate or resolve any remaining comments received as a resu lt of the 100% submittal review.
Final Bid set documents will be in PDF format and organized into a Contract
Design Professional Agreement with BKF Engineers/Exhibit A-Scope of Services Page 17 Rev. 09-28-18
Book and a Contract Plan Set. AutoCAD version of the final plans will be submitted at the end of the Construction Documents (PS&E) Task, if requested by City.
The Bid Set Submittal shall also include evidence of completion for a PEER review, which is an independent review by an individual of equal or greater expertise and experience as the engineer of record. This individual should be independent from and not associated with the Project Team but may be from the Consultant firm. It is further mutually agreed by City and Consultant that Consultant’s internal QA/QC procedures as described in its Proposal will concurrently satisfy the requirements of a PEER review. The following shall be placed on the Project title sheet and signed by appropriate Consultant staff as evidence of PEER review being completed:
“The undersigned hereby certifies that a pr ofessional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or greater than the Enginee r of Record, and that appropriate corrections have been made.”
Task 3 Deliverables:
1. 65%, 95% and 100% Project plans, techni cal specifications, construction cost estimate and bid schedule (PDF and native formats)
2. Responses to submittal comments
3. Bid Set Submittal shall be one (1) digital PDF file with electronic seals and signatures of each construction plans, specifications, and construction cost estimate. The native file for the Bid Set plans, technical specifications, and construction cost estimate shall be supplied to City in ACAD 2012, Microsoft Word, and Microsoft Excel, respectively upon request.
4. TASK 4 – AGENCY COORDINATION & PERMITTING
It is anticipated that Consultant wil l start the agency coordination and permitting right after concurrence of the 65% design by the City.
It is important that the design is validated and cleared of substantial obstacles prior to submitting permit applications in order to avoid rework.
4.1. CALTRANS ENCROACHMENT PERMIT
The Project will cross Highway 101 which is within Caltrans right-of-way.
Consultant understands that City has a Freeway Maintenance Agreement for the overcrossing(s) in which the City is responsible for maintaining surface features such as striping and signing. Consul tant will obtain a
Design Professional Agreement with BKF Engineers/Exhibit A-Scope of Services Page 18 Rev. 09-28-18
standard Caltrans encroachment permit. Due to the simple nature of the improvements at this overpass, Consultant anticipates one round of reviews for implementation of Caltrans comments. It is anticipated that a DEER or PEER will not be required for the proposed improvements.
4.2. SANTA CLARA COUN TY ROADS & AIRPORTS
ENCROACHMENT PERMIT
Consultant will obtain an encroachment permit from Santa Clara County Roads & Airports (SCCRA/County) for traffic control operations intersection of Lafayette Street and Central Expressway.
Consultant understands the City staff has performed preliminary coordination with the C ounty regarding the Lafay ette Street/Central Expressway intersection and has not identified any significant objections or fatal-flaw concerns to Project impl ementation. Consultant will perform the following activities culminating in obtaining an encroachment permit from the County for the work:
Coordination for County reviews at milestone submittals, beginning at conceptual design, and addressing comments and design changes.
Preparation of tr uck turning template exhibits showing each turning movement for the existing and proposed lane geometry.
Preparation of exhibits showin g lane alignment versus vehicle signal head alignment.
Preparation of full traffic signal modification plans showing existing poles, equipment & conductor schedul es, and the modifications, if any. Consultant understands that the County requires bicycle detector loops to have dedicated DLC to the cabinet. The existing signal has not been investigated by City at the time of preparation of this RFP.
Consultant will assume preparing the design and plan sheets to upgrade the concrete curb ramps at the Lafayette/Central intersection; however, this work may be removed from the Scope of Services if this work becomes not required for City pending determination of responsibility.
4.3. COORDINATION WITH VTA BUS SERVICES AND CITY
GARBAGE & RECYCLING SERVICES
Consultant will coordinate with the VTA for temporary or permanent impacts to bus stops and bus routes. Consultant will also coordinate with the City’s Garbage and Recycling services for te mporary or permanent impacts to garbage and recycling routes.
Design Professional Agreement with BKF Engineers/Exhibit A-Scope of Services Page 19 Rev. 09-28-18
4.4. OTHER COORDINATION
BPAC Review: Consultant understands that the project is subject to the City’s Complete Street Policy which requires that bicycle, pedestrian, and resurfacing projects undergo a complete street review by the City’s Bicycle and Pedestrian Advisory Committee (BPAC). Consultant is not expecting to attend or present at t he meeting, but will suppor t the City in providing information required for BPAC review. Consultant has assumed that one (1) review will take place at the 65% to 95% PS&E design milestone.
5. TASK 5 – BID SUPPORT
With the completion of the Final Bid PS&E for Construction Bidding, Consultant will assist the City through the bid period as summarized below. All Services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing Services.
5.1. BID SUPPORT SERVICES
The scope for bidding assistance to be provided by Consultant is comprised of the following tasks:
Responding to bidder questions
Prepare bid addenda technical docum ents. The Schedule of Fees assumes that up to two (2) addenda may be prepared
Assist City in evaluating bid results
If addenda are issued that signifi cantly modify the Plans or Specifications, Consultant will prepare a set of conformed construction documents that incorporates the changes made.
Task 5 Deliverables:
1. Written clarifications and re sponse to bidders questions, if needed.
2. Addenda to the Bid Documents, if needed.
3. Written recommendation for award of contract, if needed.
4. Conformed construction documents, if needed.
6. TASK 6 – CONSTRUCTION SUPPORT
Consultant will assist the City through the construc tion period as summarized below. All Services completed within this Task shall be on an as-needed basis and shall be specifically reques ted by City in writing prio r to Consultant providing Services. The City and Consultant confer red regarding the level of construction support Services anticipated to become provided for the Project by Consultant and mutually agreed upon a docum ent entitled “Construction Support Assumptions” dated October 13, 2023 that furt her details anticipated s upport activities to be
Design Professional Agreement with BKF Engineers/Exhibit A-Scope of Services Page 20 Rev. 09-28-18
completed by Consultant or City and incorporated into this Agreement by reference.
The Baseline Solution assumes that t he pavement rehabilitat ion will be asphalt resurfacing (mill and replace). If the pav ement rehabilitation consists of other approaches, including Cold In-Place Rec ycling (CIR), Consultant and City shall confer regarding the assumed level of support for Constructi on Support prior to proceeding with Services under this Task.
The following is a summary of the assumptions:
6.1. PRECONSTRUCTION MEETING
Attend Preconstruction Meeting upon request by City and respond to preconstruction meeting questions.
6.2. FIELD MEETING-SPECIAL MEETINGS
Upon request by City, attend up to two (2 ) field meetings to address issues or evaluate the progress of construction.
6.3. REVIEW CONTRACTOR SUBMITTALS
Upon request by City, Consultant will re view submittals (including but not limited to materials, product data, product samples, technical submittals, shop drawings, and product warranties) submitted by the construction contractor in relation to the bid items identified in the bid schedule and the project documents. Submittals will be routed to Consult ant through e-builder and Consultant shall complete a review no later than seven (7) calendar days of receipt. Review of contractor subm ittals includes reviews, comments, and review of revised submittals, as necessary and as applicable for each submittal requested for Consultant review.
6.4. RESPOND TO CONTRACTOR RFIS & CHANGE ORDERS
Upon request by City, Consultant will respond to contractor Request for Information (RFIs) pertaining to the contract documents. Consultant will also assist the City in reviewing and res ponding to change orders submitted by the construction contractor. The Schedule of Fees assumes that Consultant will prepare up to two (2) change orde r revisions to the plans and specifications. Consultant shall prov ide a response to RFIs no later than seven (7) calendar days of receipt.
6.5. PUNCH LIST MEETING
Upon request by City, Consultant will attend one (1) meeting at substantial completion of Project for review of punch list items.
Design Professional Agreement with BKF Engineers/Exhibit A-Scope of Services Page 21 Rev. 09-28-18
Task 6 Deliverables:
1. Submittal reviews and comments, co mpleted through e-builder, as requested
2. RFI responses, as requested
3. Meeting notes or responses, as requested
4. Drawings or specifications for RFIs or Change Orders, as requested.
7. TASK 7 – PROJECT CLOSEOUT INCLUDING RECORD DRAWINGS
Consultant will assist the City with post construction services as summarized below. All Services completed within this Task shall be on an as-needed basis and shall be specifically reques ted by City in writing prio r to Consultant providing any Services.
7.1. PREPARATION OF RECORD DRAWINGS
Upon request by City, Consultant will prepare record drawings based on the Contractor’s redline markups summarizing changes from construction.
Record drawings will be prepared in CAD and PDF digital format.
CAD files shall include all X-ref file s “bound,” including other associated fonts and plot style files.
Task 7 Deliverables:
1. Record drawings in PDF and CAD formats, as requested.
IV. OPTIONAL SERVICES
Optional Services are defined as Services that have been mutually contemplated by City and Consultant as potentially becoming necessary to meet the Project Objective and within the Baseline Solution, but the performance of Services by Consultant will be determined by City during the course of Se rvices. Optional Services are further defined as having a specific scope of Services with associated fees provided in the Schedule of Fees.
Consultant shall proceed with Optional Serv ices only upon written authorization to proceed by City, and shall only be invoiced if agreed by City and Consultant in writing prior to performing Services.
Fees for Optional Services shall be considered as a subset of the fees for Basic Scope of Services as described in the Schedule of Fees.
Design Professional Agreement with BKF Engineers/Exhibit A-Scope of Services Page 22 Rev. 09-28-18
1. OPTIONAL TASK A (OPTIO N FOR TASK 2.3): AERIAL
TOPOGRAPHIC SURVEY
This Optional Task provides for an aerial topographic survey, to supplement the surveys described in Task 2.3, Topographic Survey, of the Basic Services.
The aerial topo will be flown at 1’ contours at scale 1”=20’ with color orthophoto.
The aerial topo will further aid in the identification of roadway surface features, including utilities.
Optional Task A Deliverables:
1. Aerial Topographic Survey, including co lor orthophoto (printed to pdf format, and provided in native format(s) as applicable)
2. OPTIONAL TASK B (OPTION FOR TASK 2.4): PAVEMENT
DEFLECTION TESTING
This Optional Task provides for pavement deflection testing, as described under Task .2.4, Geotechnical Investigations, of the Basic Scope of Services.
Optional Task B Deliverables:
1. Data from Deflection Testing
2. Findings and recommendations to be incorporated into Pavement Investigation Report prepared under Task 2.4.
3. OPTIONAL TASK C (OPTION FOR TASK 2.7): ADDITIONAL UTILITY
LOCATING
This Optional Task provides for additional utility locating, as described under Task .2.7, Utility Coordination, of the Basic Scope of Services.
If deemed necessary to positively locate (horizontally or depth) existing underground infrastructure based upon review of utility information in relation to the proposed improvements, Consultant shall perform physical investigations in the field to positively locate the utilities. Services may consist of additional exploration methods provided by and within Consultant’s services area (such as electromagnetic induction (EMI), magnetometers, and ground penetrating radar (GPR) or methods provided by a subconsultant or subcontractor such as vacuum extraction (potholing).
Prior to performing any positive utility locating, Consultant shall request USA marking within the area to be investigated. Utility potholes shall be backfilled with CDF and the pavement will be restored in accordance with City Standard Detail ST-25.
Design Professional Agreement with BKF Engineers/Exhibit A-Scope of Services Page 23 Rev. 09-28-18
The Schedule of Fees included in Attachment B is a budget allowance. Prior to performing any Services under this Task, Consultant shall provide a written quotation outlining the specific services and fees to be completed under this Task.
This Task shall only be invoiced if agreed by City and Consultant in writing prior to performing the Services.
Optional Task C Deliverables:
1. Utility Locating Data (in pdf format, or other native formats as applicable)
V. ADDITIONAL SERVICES
Additional Services are defined as servic es not contemplated nor described in this Scope of Services as a Basic Service or Optional Service that may become necessary during the course of Services (e.g. out of scope services). Additional Services are further defined as services that are materially or significantly different than presumed for the Baseline Solution.
City reserves the right to add, delete, or mo dify the Services provided by Consultant throughout the course of Services based upon City's needs.
Consultant shall not proceed with any Serv ices it considers Additional Services without written authorization by City prior to providing any such Services.
Design Professional Agreement with BKF Engineers/Exhibit B-Schedule of Fees Page 1 Rev. 09-28-18
EXHIBIT B
SCHEDULE OF FEES
I. GENERAL PAYMENT
Billing shall be on a monthly basis based on the Services performed for each Task.
Consultant shall, during the term of this Agreement, invoice the City for hours and dollars of Services completed under this Agreemen t. The invoice sha ll describe the Task invoiced, percent complete of the Task, time and materials expended by Task, and total amount during the invoice period. The invoice shall also show the total to be paid for the invoice period. All invoices shall provide a written description of Services performed during the invoice period, deliverables completed, and progress to date on Tasks being invoiced in order to support the amount invoiced.
Subconsultant(s) invoice(s) pass-through billed through Consultant to City shall be consistent with the terms co ntained within this Agreement. Consultant shall be responsible for ensuring conformance of each subconsultant invoice with these terms, including the fees allocated for each Task, prior to billing City.
The total payment to the Consultant for Basic Services, including Optional Services and Reimbursable Expenses, as stated in Exhibit A, Scope of Services, shall not exceed the sum of $534,895. The amount billed to City for Additional Services shall not exceed the sum of $53,490. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $588,385, subject to budget appropriations.
II. BASIC SERVICES
The total payment to Consultant for all Services necessary for performing all Tasks, as stated in Exhibit A, Scope of Services, shall be in proportion to Services rendered and on a time and materials not-to-exceed basis.
The Consultant fee allocated to each Task, as shown in the table that follows, shall be the Consultant’s full compensation for all the Consultant Services required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. City may reallocate fees amongst Tasks or to or from Additional Services at the City’s sole discretion. The Consultant shall bill time and materials spent on a Task under the appropriate Task and will not be allowed to charge to future or inactive Tasks unless approved in writing by City. The Consultant shall provide a summary of dates and hours charged per date by individual, and individual timesheets, if requested by City.
The hours and amounts charged to each Task shall
be proportionate to the Services
rendered.
Tasks denoted as Optional Tasks, as stated in Exhibit A, require pre-approval in writing by City prior to performing any Services under the Task. Payment for any Optional Task is allowed only if written authorization is given by the City in advance of the Services to be provided. Fees for Optional Tasks shall be considered as Basic Services.
Design Professional Agreement with BKF Engineers/Exhibit B-Schedule of Fees Page 2 Rev. 09-28-18
The total amount of all the Tasks is a not-to-exceed amount. Figures in the table that follows table include all subconsultant fees, reimbursable expenses, and administrative markups. The following table is a summary of the Tasks based u pon the negotiated Cost Proposal, submitted by BKF Engineers dated October 5, 2023 and agreed by CITY and Consultant, attached to this Exhibit B and incorporated herein by reference.
Consultant shall invoice time and expenses according to the subtasks identified in the Proposal. The time and expenses billed for subtasks may vary above or below the fees identified on the Cost Proposal provided that the total billed for all subtasks billed under a Task remains within the Fee established for the Task. Upon mutual agreement between CITY and Consultant in writing, subtasks ma y be combined as needed to facilitate Consultant’s invoicing.
The table that follows is a summary of the fees for the Tasks from the Cost Proposal.
Design Professional Agreement with BKF Engineers/Exhibit B-Schedule of Fees Page 3 Rev. 09-28-18
Cost Proposal Summary:
Description Amount
Basic Services
Task 1 Project Management and Coordination $ 17,440
Task 2 Data Gathering & Preliminary
Engineering
$ 196,449
Task 3 Construction Documents (PS&E) $ 180,984
Task 4 Agency Coordination & Permitting $ 34,146
Task 5 Bid Support $ 4,356
Task 6 Construction Support $ 25,191
Task 7 Project Closeout Including Record
Drawings
$ 7,522
Reimbursable Expenses (Pri nting) $ 500
Subtotal $ 466,588
Optional Services
Optional Task A (Option for Task 2.3) –
Aerial Topographic Survey
$ 15,325
Optional Tasks B (Option for Task 2.4) –
Pavement Deflection Testing
$ 23,364
Optional Task C (Option for Task 2.7) –
Additional Utility Locating
$ 29,618
Subtotal $ 68,307
Total $ 534,895
In no event shall the amount billed to City by Consultant for Basic Services, including Optional Services and Reimbursable Expenses, under this Agreement exceed five hundred thirty-four thousand eight hundred ninety-five dollars ($534,895), subject to budget appropriations.
III. REIMBURSA BLE EXPENSES
Reimbursable Expenses shall not exceed $500 without prior written approval by the City. The fee allocated for Reimbursable Ex penses shall be the Consultant’s full compensation for all Reimbursable Expenses required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed.
Design Professional Agreement with BKF Engineers/Exhibit B-Schedule of Fees Page 4 Rev. 09-28-18
Reimbursable expenses shall be billed at cost with a maximum allowable markup of 10%. Reimbursable expenses billed by subc onsultant(s) shall also be billed with a maximum allowable markup of 10% by subconsultant(s). In no case shall any pass- through markups billed to City exceed 20% more than the original cost of reimbursable expense. Receipts and invoices detailing the Reimbursable Expenses shall be included with each billing where a Reimbursable Expense is invoiced.
The following is a sample of items that are considered as included and fully compensated as part of the Consultant’s basic hourly ra tes and are not considered Reimbursable Expenses for separate billing:
Basic Office Expenses such as overhead, paper, pens, pencils, ink cartridges Insurance Expenses, Applicable Taxes, Computer Time
Travel Expenses (local and long distance), including meals and gas Faxes
Local and Long Distance Telephone Expense s (land lines and cellular phones) US Mail
Paper Cost
Copying Cost
Plotting Cost
Reimbursable Expenses may include:
Outside Duplicating Cost for Plan s and Reports, when requested by City Presentation Materials, when requested by City
Delivery Services, when requested by City.
Courier Services when requested by City.
City may reallocate fees to or from Re imbursable Expenses to or from Tasks or Additional Services in City’s sole discretion throughout the course of Services. All Reimbursable Expenses, other than those lis ted above, must be pre-approved in advance by City.
Any discrepancy between Reimbursable Expens es listed within Consultant’s , or subconsultant(s)’, standard rate schedules as referenced in Section V, RATE SCHEDULE of this Exhibit B and the above shall be resolved in favor of the above.
IV. ADDITIONAL SERVICES
Additional Services consists of services not included in the Scope of Services described within this Agreement. Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed negotiated price. Monthly billing for Additional Services shall be consistent with the terms set forth in this Agreement. Payment for any Additional Services is allowed only if written authorization is provided by the City in advance of the services to be provided.
Design Professional Agreement with BKF Engineers/Exhibit B-Schedule of Fees Page 5 Rev. 09-28-18
Additional Services shall not exceed fifty-three thousand four hundred ninety dollars ($53,490), subject to budget appropr iations. Additional Se rvices that exceed this amount will require a written amendment to the Agreement.
City may reallocate fees between Basic Serv ices and Additional Services in City’s sole discretion throughout the course of Services.
V. RATE SCHEDULE
Charges for personnel engaged in professional and/or technical Services are based on the actual hours directly chargeable to the project.
Rates by classification are listed on the following page(s) and shall be fixed through December 31, 2024. Any classificati ons added, or staf f members changing classifications, shall be approved in writing by City.
After December 31, 2024, ra tes may be adjusted as descr ibed herein. Consultant shall propose any adjusted rates in writing for CITY’s consideration and acceptance in writing. Adjusted rates shall be no more than the percentage of difference between the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward, CA, ar ea between the effective date of this Agreement and the CPI as ma y be available and nearest to and in advance of the month in which the adjustment is contemplated and shall be capped at a maximum of 3% for each adjustment. Rates changed by calculation shall be rounded to the nearest whole dollar. Only one adjustment is allowed per annum.
Consultant understands and agrees that adjus tments to rates does not cause an adjustment in the Fees established fo r Tasks or adjustment to the maximum compensation under this agreement. Consultant shall be required to provide the full Services as described in Attachment A in accordance with the F ees established in this Attachment B, regardless of adjustments to rates.
Consultant will bill subconsultants at act ual cost plus a maximum allowable markup of 10%. Subconsultant will bill at actual co st for any further tiered subconsultants, subcontractors, or reimbursable expenses at cost plus a maximum allowable markup of 10%. In no case shall any pass-through markups billed to City exceed 20% more than the original cost or reimbursable expense.
Any discrepancy between terms contai ned herein and Consultant’s, or subconsultant(s)’, standard rate schedules as referenced on the following pages shall be resolved in favor of the above.
It is expressly understood that this Projec t is subject to prev ailing wages, in conformance with Attachment D, Prevailing Wage Addendum.
Design Professional Agreement with BKF Engineers/Exhibit B-Schedule of Fees Page 6 Rev. 09-28-18
PROFESSIONAL SERVICES RATE SCHEDULE
CLASSIFICATION
PROJECT MANAGEMENT
PrincipalNice President
Sen ior Associate Princi pal Nic e President
Associate Princ ipal
Senior Project Manager I Senior Technical Manager
Proj ect Manager I Technical Manager
Engineering Manager I Surveying Manage r I Planning Manager
TECHNICAL STAFF
Senior Project Engineer I Senior Project Surveyo r !Senio r Proj ect Planner
Project Engineer I Proj ect Surveyor I Project Planner
Desig n Engineer I Staff Surveyor I Staff Planner
BIM Specialist I, II, Ill
Technician I, 11, 111, IV
Drafte r I, II, Ill, IV
Engineering Assistant I Surveying Assistant I Planning Assistant
FIELD SURVEYING
Survey Party Chief
Instru ment Person
Survey Chainperson
Utility Locator I, II, Ill, IV
Appren tice I, II, Ill, IV
CONSTRUCTION ADMINISTRATION
Senior Consu ltant
Senior Construction Administrator
Resident Engineer
Field Engineer I, 11, Ill
FUNDING & GRANT MANAGEMENT
Directo r o f Funding Strateg ies
Direct or o f Fund ing Strategies
Funding/Research Analyst I, 11, 111, IV
ASSISTANTS
Project Coord inator
Senior Project Assistant
Project Assistant
Clerical I Administrative Assistant
Expert witness rat es are available upon request.
Effective 1/ 1/2023 Effective 1/ 1/2024
Through 12/3 1/ 202 3 Through 12/31/ 2024
$288.00
$268.00
$260.00
$253.00
$247.00
$228.00
$212.00
$186.00
$162.00
$162 .00 $186 .00 $212.00 $ 170.10 $195.30
$154 .00 $164 .00 $180 .00 $194.00 $161.70 $ 172.20 $ 189.00 $121.00 $133.00 $143 .00 $159.00 $127.05 $ 139.65 $1 50.1 5 $101.00
$212.00
$182.00
$136.00
$110 .00 $156.00 $187.00 $213.00 $115.50 $ 163.80 $196.35 $83.00 $112.00 $124.00 $132.00 $87.15 $ 117.60 $130. 20 $277.00
$241.00
$179.00
$162.00 $186.00 $212.00 $ 170.10 $ 195.30
$198.00
$181.00
$124.00 $144.00 $153 .00 $ 168.00 $130.20 $ 151.20 $ 160.65 $135.00
$117.00
$103.00
$87.00
Charges for outside services, equipment, materials, and facili ties not furni shed directl y by BKF Engineer s will be billed as reimb ursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduct ion services; shipping, delivery, and cou rier charges; sutxons ultant fees and expens es; agency fees; insura nce; transportation o n p ub lic carriers.
Allowable mileage will be charged at the prevailing IRS rate per mile.
Mont hly invoices are due w ithin 30 days from invoi ce date . Interest will be charged at 15% per mo nth on past due accounts.
The rates shown are subject to period ic increases, incl uding January 1st o f each year. $302.4 0
$281.4 0
$273.0 0
$265.65
$2 59.35
$239.40
$222.6 0
$ 195.30
$ 170.10
$222.6 0
$203.7 0
$ 166.95
$106.05
$222.6 0
$ 191.10
$ 142.80
$223.65
$138.6 0
$290.8 5
$253.05
$187 .95
$222 .60
$207 .90
$ 190.05
$17 6.40
$141.7 5
$122.85
$ 108.
15 $91.35
Design Professional Agreement with BKF Engineers/Exhibit B-Schedule of Fees Page 7 Rev. 09-28-18
CORNERSTONE
EARTH GROUP
Administ rative Assistant
Hourly Fee Rates and Equipment Charges
Through Decembe r 31 , 2023
Engineering Technician I
Construction Services Administrator
Engineering Technic ian II
Technical Illustra tor/CAD Operator
Supervisory Technician
Staff Engineer or Geologist
Senio r Supervisory Techn ician
Senior Staff Engineer or Geologist
Project Enginee r or Geologist
Principal Const ruction Services
Senior Project Engineer or Geologist
Principal Engineer or Geologist
Senior Principal Enginee r or Geologist
$105
$180
$135
$180
$150
$180
$180
$180
$193
$215
$215
$220
$265
$295
Charges for personne l will be made in accordance with the above rates. For field engineers , geo logists and techn icians, regular rates are normal workday construction hours (Monda y through Friday) . For time spent ove r 8 hours in a day. time spent after 5 p.m., time spent on swing shifts , and time spent on Saturdays by field personnel. overtime rates will be charged at 1.5 times the hourly rate. Work on Sundays and holidays and work in excess of 12 hours in one day will be charged at 2.0 times the hourly rate. Field rates are based on a 48-ho ur notice. For less than a 48-hour notice, a 10 percent surcha rge will be added . All field personnel, vehi cle and equipment charges are portal to portal. Reproduction of project documents will be charged as a project expense. The hourly rate for professional staff to attend legal proceedings 'Nill be 2.0 times the hou rly rate specified above.
Eauicment Chara es Geotechnical Laboratorv Tests
Vehicle $28 per hour I I Tests Run Tests Run
Nuclear Densit y Gauge $11 per lest During Normal Outs ide 55-Ga llon Orum $100 each VVorkdav Hours Workdav Hours
GPS Unit $90 per day Compaction Curve $330 each $ 495 each Hand Auger Equipment $50 per day Compaction Check Point $170 each $270 each Power Auger $125 per day Plasticity Inde x $250 each $350 each PDR-1000 Dust Meter (3) $300 per day, $1,200 per week , $4,000 per month Sieve/Hydrometer $250 each $350 each PIO ppm, $130 per day, $600 per week , $2,000 per month Moi sture Content $8 each $10 each PIO ppb, $150 per day, $650 per week , $1 ,950 per month Air Pump $80 per day, $350 per week, $1 ,000 per month Moisture/Density $30 each $50 each Weather Station $80 per day , $350 per week, $1 ,000 per month -#200 Wash $60 each $80 each Benkelman Beam $175 per day, $750 per week , $2,800 per month Sieve< 3/ ._ inc h Liner (small ) $125 each $190 each Double Ring lnfil trometer $100 per day Sieve> ¾ inc h B ucket (La rge ) $225 each $330 each Dynamic Cone $100 per day Lime Stability $360 each $550 each Differential Pressure Gauge $50 per day Conso lidatio n $415 each $680 each Soil Corrosion Testi ng $235 each $450 each
Air Flow Sensor s $50 per day
Pressu re Contro l Testing $275 per day
Depth Sounder $50 per day
Liner and Two Caps $12 each
Core N One Sam pler $50 each tripl icate sample
Core N One Handle $60 each
Modeling Software I $25 per hour
Plotter $10 per plot
Orone $50 oer hour
Direct Expenses
Reimbursement for the direct expenses listed below incurred in connect ion with the Work will be billed at cost plus 18 percent . 1) Drillers , utility locators , laboratories , contractors , hygienists , and consu ltants 2) Rented vehicles, public transporta tion, tolls, and air fligh ts 3) Permits and specia l fees, insurances and licenses requ ired to perform Work 4) Computer programs and rented field equipmen t
5) Large volume copy ing of project documents
6) Maps , photographs. and environmen tal databases
7) Overnigh t or same day delivery charges
8) Copying or production of over•sized fig ures and plans If personne l are assigned to a project 100 miles or more from an office, $175 per diem per person allowance wi ll be charged . Unless mutua lly agreed in wri ting, Cornerstone w ill hold samples collected during the performance of the Work no longer than thirt y (30) calendar days after the ir date of collection; project samples requested l o be held greater than thirty (30) calendar days wil l be billed at $100 per every ninety (90) calendar days . If payment is not received within 30 days of invoice date. the samples will be discarded .
Payment
Payment for Work completed is due upon receipt of Cornerston e's statement. Fixed fee or lump sum services will be billed for the agreed fixed fee . A service charge of 1.5 percent per month will be cha rged on accounts not paid within 30 days.
Prevailin g Wage
Client must notify Corners tone in writing if the Work is subject to wprevail ing wag e" under local , state or federal laws.
Design Professional Agreement with BKF Engineers/Exhibit C-Insurance Requirements Page 1 Rev. 09-28-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the co verage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall appl y to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separatel y to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at
Design Professional Agreement with BKF Engineers/Exhibit C-Insurance Requirements Page 2 Rev. 09-28-18
least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of S anta Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Ea ch insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution
Design Professional Agreement with BKF Engineers/Exhibit C-Insurance Requirements Page 3 Rev. 09-28-18
from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
3. Cancellation.
a. Each insurance policy shall c ontain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall c ontain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURA NCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required
Design Professional Agreement with BKF Engineers/Exhibit C-Insurance Requirements Page 4 Rev. 09-28-18
by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to wit hhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara Department of Public Works
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Design Professional Agreement with BKF Engineers/Exhibit D-Labor Compliance Page 1 Rev. 09-28-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
A. Prevailing Wage Requirements
1. Contractor shall be ob ligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are remi nded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates gener ally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving pr ogress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified
Design Professional Agreement with BKF Engineers/Exhibit D-Labor Compliance Page 2 Rev. 09-28-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certif ied payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor ma y be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
8. No contractor or subcontractor ma y be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcont ractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to comp liance monitoring and enforcement by the Department of Industrial Relations.
B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for
Design Professional Agreement with BKF Engineers/Exhibit D-Labor Compliance Page 3 Rev. 09-28-18
audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding s ources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1258 Agenda Date: 12/12/2023
REPORT TO COUNCIL
SUBJECT
Action on Agreements with Telstar Instruments and Rosemount Inc. Doing Business as Measurement Solutions Systems & Services for Calibration, Maintenance and Repair Services for Various Instruments and Devices for Silicon Valley Power with Five Year Terms and a Maximum Compensation of $1,000,000 for Each Agreement to be Funded by Silicon Valley Power
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Various types of instruments and devices are used across Silicon Valley Power’s (SVP) three power plants - the Donald Von Raesfeld Power Plant, the Gianera Generating Station, and the Cogeneration Plant - to measure, control and monitor critical process parameters such as voltage, current, temperature, pressure, flow, vibration, chemical concentration, and equipment status. By monitoring these parameters, SVP is able to maintain the plants within proper equipment and regulatory limits.
SVP relies on contractors to provide the services required to keep the instruments and devices in proper operation. The contractors perform testing, calibration, repair, and maintenance services in accordance with the standards of the original equipment manufacturer.
DISCUSSION
Pursuant to City Code Section 2.105.140(c), a formal Request for Proposals (RFP) was conducted, with the award recommendation based on “best value.”
The RFP for Instrument and Device Maintenance, Repair, and Calibration Services was published on the City’s e-procurement system. Two proposals were received from the following firms:
· Rosemount Inc. doing business as Measurement Solutions Systems & Services (Rosemount) · Telstar Instruments (Telstar)
The proposals were independently evaluated by a three-member evaluation panel against the criteria and weights published in the RFP. The evaluation panel determined both proposals met the requirements of the RFP. Therefore, staff is recommending entering into master agreements with both Rosemount and Telstar to provide the services.
The maximum compensation in each of the proposed agreements is $1,000,000 over a five-year term starting on October 1, 2023, and ending on September 30, 2028, with one one-year option to extend the agreements to September 30, 2029. Rates for labor and materials are established in the City of Santa Clara Printed on 12/8/2023Page 1 of 3
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23-1258 Agenda Date: 12/12/2023
agreements and subject to reasonable annual increases after the initial fixed period. Any rate increases are subject to approval by the City and must be substantiated by the contractors to the satisfaction of the City. While the effective dates of these agreements are October 1, 2023; staff will not authorize services under these agreements until the agreement is executed by the City.
The maximum compensation of $1,000,000 is based on past usage of the services. However, the requirement for the services may be higher in the future due to issues such as unanticipated repairs or regulatory changes. Therefore, staff also recommends that the City Manager is authorized to execute amendments increasing compensation by up to $750,000 for each agreement for a total maximum compensation of $1,750,000 for each agreement.
Actual work will be assigned to the contractors pursuant to a secondary bid process. When work is identified, SVP will obtain quotes from Rosemount and Telstar, taking into account factors such as their schedule availability, experience with the specific instrument or device, and cost.
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant section 15301 of Title 14 of the California Code of Regulations as the services involve maintenance and repair of existing facilities and mechanical equipment.
FISCAL IMPACT
The maximum compensation under the proposed Agreements with Rosemount and Telstar is $2,000,000 ($1,000,000 for each agreement). Sufficient funds are available in the FY 2023/24 Operating Budget in the Electric Utility Operating Fund and may be included in capital projects budget where appropriate.
Funds required for these agreements in future years will be included in proposed budgets for the corresponding years.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, or by email to:[email protected] <mailto:[email protected]>.
RECOMMENDATION
1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations;
2. Authorize the City Manager to execute an agreement with Telstar Instruments to provide calibration, maintenance and repair services for various instruments and devices for the period of October 1, 2023, through September 30, 2028, with a maximum compensation not to exceed City of Santa Clara Printed on 12/8/2023Page 2 of 3
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23-1258 Agenda Date: 12/12/2023
$1,000,000, on substantially the terms and in the form presented, funded by the SVP Operating or Capital Fund as applicable, subject to the appropriation of funds and the review and approval as to form by the City Attorney;
3. Authorize the City Manager to execute an agreement with Rosemount Inc. doing business as Measurement Solutions Systems & Services to provide calibration, maintenance and repair services for various instruments and devices for the period of October 1, 2023, through September 30, 2028, with a maximum compensation not to exceed $1,000,000 on substantially the terms and in the form presented, funded by the SVP Operating or Capital Fund as applicable, subject to the appropriation of funds and the review and approval as to form by the City Attorney; and
4. Authorize the City Manager to take any actions as necessary to implement and administer the above agreements, including the secondary bid process outlined in the Report, and negotiate and execute amendments to such agreements to: (a) add or delete services consistent with the scope of services; (b) adjust future rates to account for changes in labor rates; (c) exercise one one-year option to extend the term of the agreements through September 30, 2029; and (d) increase the maximum compensation of each agreement by $750,000 to address future needs and requirements for a total maximum compensation of $1,750,000 for each agreement, subject to the appropriation of funds and the review and approval as to form by the City Attorney.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Proposed Agreement with Telstar Instruments
2. Proposed Agreement with Rosemount Inc. Doing Business as Measurement Solutions Systems & Services
City of Santa Clara Printed on 12/8/2023Page 3 of 3
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Agreement with Telstar Instruments Page 1 of 51
Rev. 07-01-18
EBIX Insurance No. S200005076
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TELSTAR INSTRUMENTS
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Telstar Instruments, a California corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties”.
RECITALS
A. City desires to secure the services of Contractor to provide calibration, maintenance and repair services for various instruments and devices for Silicon Valley Power (“Services”), as more fully described in this Agreement in Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses, and desire to provide the certain Services and goods of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such Services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Appendix A1: Cogen Transmitter Calibration Lists
Appendix A2: Cogen Switch Calibration List
Appendix A3: DVR Outage Master Instrumentation List
Appendix A4: Gianera Calibration List for Two Combustion Turbines
Agreement with Telstar Instruments Page 2 of 51
Rev. 07-01-18
Appendix A5: DVR Water Treatment Analyzer List
Exhibit B – Schedule of Fees and Payment Provisions
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance
Exhibit E – Sample Work Authorization Form
This Agreement, including the Exhibits and Appendices set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. The provisions in the Exhibits shall prevail over conflicting terms in the Appendices to the Exhibits. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment(s) to this Agreement, the term of this Agreement shall begin on October 1, 2023 of this Agreement and terminate on September 30, 2028 (“Initial Term”).
After the Initial Term, City reserves the right, at its sole discretion to extend the term for one (1) additional year through September 30, 2029 (“Extension Term”).
Such extension of term shall be authorized through an Amendment to this Agreement executed by the Parties. The Initial Term and Extension Term shall be collectively referred herein as “Term.”
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
In addition to those warranties in Exhibit A, Contractor expressly warrants that all Services and materials covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions applicable to this Agreement. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services or materials at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace Services or materials, City may make corrections or replace Services or materials and charge Contractor for the cost incurred by City.
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5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES AND PAYMENT PROVISIONS.” The maximum compensation of this Agreement is One Million Dollars ($1,000,000) subject to budget appropriations, which includes all payments that may be authorized for Services and expenses, supplies, materials and equipment required to perform the Services, including any taxes. All Services performed or materials, supplies, and equipment provided in excess of the maximum compensation shall be at Contractor’s expense.
Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience.
City shall have the right to terminate this
Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.
B. Termination for Default. I f Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Pa
rty shall assist the other in arranging an orderly
transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
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Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD-PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work outside the scope of the Services, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the Term and for four (4) years from the date of final payment for Services or goods provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including Agreement with Telstar Instruments Page 5 of 51
Rev. 07-01-18
termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.
Agreement with Telstar Instruments Page 6 of 51
Rev. 07-01-18
15. INSURANCE REQUIREMENTS
During the Term, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]
And to Contractor addressed as follows:
Telstar Instruments
Attention: Tammy Misenhimer, Contract Administrator
1717 Solano Way, Unit 34
Concord, CA 94520
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections Agreement with Telstar Instruments Page 7 of 51
Rev. 07-01-18
may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to Services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties.
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25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
26. PREVAILING WAGE
In the event the Services require payment of prevailing wage, Contractor shall comply, and ensure its subcontractors comply with Exhibit D.
Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as Section 16000 et seq. of Title 8 of the California Code of Regulations. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure by Contractor or its employees, agents, contractors, and subcontractors to comply with the prevailing wage laws.
[SIGNATURES ON NEXT PAGE]
Agreement with Telstar Instruments Page 9 of 51
Rev. 07-01-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a char
tered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
150
0 Warburton Avenue
Santa Clara, CA 95050
Telephone: (40
8) 615-2210
Fax: (408) 241-6771
“CITY”
TELSTAR INSTRUMENTS
a California corporation
Dated:
By (Signature):
Name: Tammy Misenhimer
Title: Contract Administrator
Principal Place of
Business Address:
1717 Solano Way, Unit 34
Concord, CA 94520
Email Address: [email protected]
Telephone: (925) 671-2888
Fax: (925) 671-9507
“CONTRACTOR”
August 9, 2023
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 10 of 51 EXHIBIT A – SCOPE OF SERVICES
TABLE OF CONTENTS
SECTION 1. GENERAL ........................................................................................... 11 SECTION 2. LOCATION .......................................................................................... 11 SECTION 3. DOCUMENTS ..................................................................................... 12 SECTION 4. SERVICES TO BE PERFORMED ...................................................... 12 SECTION 5. SPECIFIC REQUIREMENTS .............................................................. 13 SECTION 6. REPORTS ........................................................................................... 13 SECTION 7. COMPLETION OF SERVICE .............................................................. 14 SECTION 8. HOURS AND DAYS OF SERVICE ..................................................... 14 SECTION 9. SCHEDULING AND PLANNING ......................................................... 15 SECTION 10. WORK AUTHORIZATION PROCESS ................................................ 15 SECTION 11. APPLICABLE LAWS AND REGULATIONS ........................................ 20 SECTION 12. WORKMANSHIP................................................................................. 20 SECTION 13. PERMITS AND LICENSES ................................................................. 21 SECTION 14. WARRANTY ....................................................................................... 21 SECTION 15. CITY FURNISHED MATERIALS ......................................................... 21 SECTION 16. WORK AREA ...................................................................................... 21 SECTION 17. CONTRACTOR’S EQUIPMENT, TOOLS, AND MATERIALS ............ 22 SECTION 18. DISPOSAL OF WASTE & SCRAPS ................................................... 22 SECTION 19. SAFETY .............................................................................................. 23 SECTION 20. INJURY/PROPERTY DAMAGE .......................................................... 24 SECTION 21. CONTRACTOR’S PERSONNEL......................................................... 24 SECTION 22. E-BUILDER ......................................................................................... 25 SECTION 23. SHIPPING AND FREIGHT .................................................................. 28
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 11 of 51 SECTION 1. GENERAL
1.1 Contractor shall provide all necessary supervision, labor, and services, plus all tools, equipment, materials, and supplies required to provide as-needed calibration, maintenance, and repair services for various instruments and devices (“Services”) for Silicon Valley Power (“SVP”).
1.2 Contractor shall perform the Services according to the original equipment manufacturer (OEM) standards and industry best practices. Any deviations must be approved in writing by SVP.
1.3 The terms “City” and “SVP” may be used interchangeably throughout this document.
1.4 To the extent not inconsistent with this Agreement (including this Exhibit), the City’s RFP 21-22-68 (including subsequent addenda) and Contractor’s proposal response dated June 14, 2022, are hereby incorporated by reference herein, and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement. In the event of any inconsistency between the terms of this Agreement (including its Exhibits) and the RFP or Contractor’s proposal, the Agreement (including its Exhibits) shall govern and control.
SECTION 2. LOCATION
2.1 Contractor will primarily perform Services in City of Santa Clara limits at the following locations:
2.1.1 Donald Von Raesfeld (DVR) Power Plant located at 850 Duane Avenue, Santa Clara, CA 95054
2.1.2 Fuel Gas Compressor Building (Gas Compressor) located at 2977 Lafayette Street, Santa Clara, CA 95054
2.1.3 Gianera Generating Station (Gianera) Plant located at 2339 Gianera Street, Santa Clara, CA 95054
2.1.4 Cogeneration Plant (Cogen) located at 524 Robert Avenue, Santa Clara, CA 95050
2.2 In addition, services may be required at the following locations outside City limits:
2.2.1 Stony Creek Hydroelectric System located near Orland, CA
2.2.2 Grizzly Hydroelectric Plant located in Plumas County, CA
2.2.3 Black Butte Powerhouse located in Orland, CA
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 12 of 51
2.3 Using the process described in Section 10, Contractor may be requested to perform services at other City locations.
SECTION 3. DOCUMENTS
3.1 This Exhibit contains the following appendices:
3.1.1 Appendix A1: Cogen Transmitter Calibration List
3.1.2 Appendix A2: Cogen Switch Calibration List
3.1.3 Appendix A3: DVR Outage Master Instrumentation List
3.1.4 Appendix A4: Gianera Calibration List for Two Combustion Turbines
3.1.5 Appendix A5: DVR Water Treatment Analyzer List
3.2 The City may modify the appendices to add or delete instruments and devices as required. Such changes shall not require modification of the Agreement unless those changes result in a change in pricing.
SECTION 4. SERVICES TO BE PERFORMED
4.1 The Services that Contractor will perform include but are not limited to:
4.1.1 Repair or replace various instruments such as:
4.1.1.1 Pressure transmitters and switches
4.1.1.2 Differential pressure transmitters and switches
4.1.1.3 Level transmitters and switches
4.1.1.4 Thermocouples
4.1.1.5 Resistance temperature detectors
4.1.1.6 Control valves
4.1.1.7 Pneumatic instruments
4.1.2 Install and commission instruments and control devices
4.1.3 Verify instruments and devices are restored to their operational state (e.g., valves in, wired, sealed, and enclosed)
4.1.4 Analyze and interpret test result data
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 13 of 51
4.1.5 Troubleshoot calibration errors
4.1.6 Perform instrument and device calibrations annually or as may be directed by the City
4.1.7 Provide miscellaneous routine calibration and maintenance services SECTION 5. SPECIFIC REQUIREMENTS
When require to perform Services, Contractor shall be responsible for providing the following associated activities:
5.1 Supervision and administrative support
5.2 Project management
5.3 Subcontractor management
5.4 Logistical planning
5.5 Scheduling services
5.6 On-site crane support
5.7 On-site cribbing and rigging
5.8 On-site scaffolding Services
5.9 On-site shoring Services
5.10 On-site atmospheric testing of vaults, spaces, or similar
5.11 On-site confined space rescue team
5.12 On-site electrical testing and non-destructive examination (NDE)
5.13 On-site miscellaneous services (portable restroom facilities, rental equipment such as light standards, generators, fueling services, etc.)
5.14 Expedited procurement and transportation of materials, parts, and equipment when requested by the City.
SECTION 6. REPORTS
6.1 Service Reports
6.1.1 Within seven (7) days after final acceptance by the City of Services associated with each Work Authorization (as defined in Section 10), Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 14 of 51 Contractor shall provide a report to the City, which shall include the following information:
6.1.1.1 Type of service (such as preventative maintenance, repair, and/or calibration services)
6.1.1.2 Summary of existing conditions
6.1.1.3 Description of as-found and as-left calibration data reports for each instrument and device tested or installed
6.1.1.4 Description of all newly installed instruments and devices and verification report of existing inventory
6.1.1.5 Description of noted issues/deficiencies (including photos) and recommended corrective actions
6.1.1.6 Description of services/repairs performed
6.1.1.7 Summary list of spare parts and material inventory, including serial number of all parts removed and installed
6.1.1.8 Other information that the City may request
6.2 Status Reports
6.2.1 Contractor shall provide regular cost, schedule, and status updates on services performed during the term of the Agreement.
6.2.2 Depending on work activity, status updates may be required daily, weekly, or monthly at the direction of the City.
6.3 Contractor shall provide all reports in electronic format and hard copy if requested by the City.
SECTION 7. COMPLETION OF SERVICES
All Services shall be completed in a timely, efficient manner so as to ensure the site, equipment, and/or system is operational as soon as possible and as provided in the applicable Work Authorization / Purchase Order/ Emergency Work Order.
SECTION 8. HOURS AND DAYS OF SERVICE
Contractor will generally perform the required Services during regular business hours which is between 7:00 AM - 7:00 PM PST/PDT, Monday through Friday. City will, at its discretion, allow access during non-business hours when required.
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 15 of 51 SECTION 9. SCHEDULING AND PLANNING
9.1 Scheduled Services
9.1.1 Generally, Contractor will provide the Services during plant outages that SVP schedules in early spring and late fall each year. City estimates that the Services will be required for twenty (20) days per calendar year.
9.1.2 Contractor shall plan, staff, and execute the Services with fourteen (14) days’ advance notice from the City.
9.2 Emergency Services
9.2.1 Contractor shall be available to provide 24-hour emergency services, seven (7) days per week, 365 days per year.
9.2.2 Contractor shall provide an answering service contact phone number at which an individual can be reached at any time.
9.2.3 Contractor shall be on site within four (4) hours from City’s notification to perform the services.
9.3 For critical equipment, Contractor may be required to work shifts longer than twelve (12) hours per day or work alternative shifts, including night shifts.
SECTION 10. WORK AUTHORIZATION PROCESS
Contractor acknowledges that Contractor is one of two firms selected to perform the Services, pursuant to two (2) separate agreements (collectively, the “Calibration, Maintenance, and Repair Services Agreements”). Specific work will be assigned as set forth below.
10.1 Non-Emergency Work
10.1.1 When as-needed services are required, the City will request a Proposal for the work (Work Request). In its request, the City will provide a description of the work required, the deadline for response, and any other relevant information.
10.1.2 Proposal: Contractor shall prepare and submit a proposal (Proposal) for each Work Request that includes:
10.1.2.1 A work plan that includes a detailed description by task of the services to be performed.
10.1.2.2 A project timeline/schedule with discussion on any activities that may impact the project timeline/schedule.
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 16 of 51
10.1.2.3 A list of Contractor’s personnel and subcontractors, including subcontractor Department of Industrial Relations (DIR)
number where required.
10.1.2.4 Any required drawings or documents.
10.1.2.5 A list of City responsibilities.
10.1.2.6 A final acceptance criteria
10.1.2.7 An itemized cost proposal showing:
10.1.2.7.1 Hours and hourly rates by position as listed in Appendix B1 for both Contractor and
subcontractor personnel if applicable. Indicate
labor subject to prevailing wage requirements
10.1.2.7.2 Parts/materials
10.1.2.7.3 Rental and/or specialty equipment
10.1.2.7.4 Reimbursable expenses in accordance with the limitations set forth in Exhibit B
10.1.2.7.5 Any additional costs such as, but not limited to, freight and permit fees
10.1.2.7.6 Breakdown of materials and labor sufficient to calculate sales tax
10.1.2.7.7 Estimated total cost including all required taxes
10.1.2.8 All submitted pricing shall be in accordance with the rates authorized in Exhibit B of this Agreement and the Proposal shall include sufficient information for the City to determine that rates are in accordance with the Agreement.
10.1.2.9 Cost for any additional equipment, parts, or services required for completion of the services as detailed in the Work Request and in Contractor’s Proposal but not reflected in the Contractor’s cost proposal shall be the sole
responsibility of the Contractor and at no additional cost to the City.
10.1.2.10 The City will review the Proposal, and may elect to approve it, reject it, or use it as a basis for further negotiations with Contractor.
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 17 of 51
10.1.2.11 Provided that Contractor’s original Proposal includes all items listed in Section 10.1.2, Contractor and City may negotiate whether the Work Authorization will be fixed price (lump sum) or based on specific rates of compensation (e.g., time and materials) for completion of the work.
10.1.2.12 Contractor must submit a revised Proposal to the City based upon such negotiations. If a fixed fee or lump sum is
authorized, a payment schedule shall be included. The final proposal shall include a clear breakdown of materials and labor indicating taxable and non-taxable items and an
estimate of sales tax.
10.1.3 Work Authorization
10.1.3.1 If the completion of the services in the Proposal will not result in total costs (including all previously authorized work) exceeding the maximum compensation in Section 6 of the
Agreement, additional services may be authorized as set forth in this Section.
10.1.3.2 For Proposals with a total cost exceeding $50,000, Work Authorizations shall be issued in substantially the same format as Exhibit E. Each Work Authorization shall describe the services and deliverables the Contractor must provide, the time limit within which the Contractor must complete the service and deliverables, the system acceptance criteria, warranty provisions, and the compensation for the additional services.
10.1.3.3 Subject to the terms and conditions of this Agreement, Contractor and City will negotiate the specific scope and requirements of each Work Authorization. Upon execution by the Parties, the Work Authorization shall become an
Approved Work Authorization.
10.1.3.4 Each Approved Work Authorization shall have a purchase order attached to it.
10.1.3.5 For Proposals with a total cost less than $50,000, a signed Work Authorization is not required. The City will issue a purchase order authorizing Services and the purchase order will serve as the Approved Work Authorization.
10.1.3.6 Only the Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer may, on behalf of the City, execute a Work Authorization.
Purchase orders are issued by the Finance Department.
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 18 of 51
10.1.3.7 Except in the case of emergency which shall confirm to the conditions of Section 10.1.3 or where the circumstances in Section 10.1.4.4 apply, Contractor shall not initiate the additional services and the City will not compensate the Contractor until the City has executed the Work
Authorization for such additional services where applicable (“Approved Work Authorization”) and issued a purchase
order.
10.1.3.8 If Contractor begins the Services or fails to dispute a purchase order within three (3) business days, Contractor is assumed to have accepted the terms of the purchase order.
10.1.3.9 An Approved Work Authorization must be consistent with – and cannot alter - the terms and conditions of this
Agreement. The terms and conditions of this Agreement
shall prevail over any and all terms and conditions contained in an Approved Work Authorization - even if the Approved Work Authorization expressly states that it is intended to control. Any conflicting terms and conditions in an Approved Work Authorization are invalid and unenforceable.
10.1.3.10 The City (through the individuals listed in section 10.1.4.4 or, in the case of purchase orders, the Finance Department) may terminate an Approved Work Order, purchase order, or an Emergency Work Order for convenience with ten (10)
days prior written notice to Contractor. In such event, the Contractor shall have no further rights hereunder, except that Contractor shall be paid for all Services adequately rendered prior to such termination.
10.1 .4 Changes to Work Authorization
10.1.4.1 Contractor shall notify the City immediately when a situation occurs that may result in a change to the total project cost or specific line items in an Approved Work Authorization or purchase order. Contractor shall provide the reason for the change specific to each Approved Work Authorization or
purchase order.
10.1.4.2 If Contractor requires changes to a fixed price Work Authorization, Contractor shall only be permitted to request changes with justification such as additional scope
requested by City or unanticipated field conditions. For such changes, Contractor shall submit justification demonstrating that changes in cost are associated with changes in scope.
Contractor shall not be entitled to additional compensation Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 19 of 51 for issues such as errors in calculation of original pricing, changes in staff, or other changes that are not directly related to changes requested by City.
10.1.4.3 In the event that unanticipated site conditions or other issues result in costs that exceed the approved Work Authorization or purchase order or changes to line items in an Approved Work Authorization or purchase order, Contractor shall
submit to the City an updated Proposal for review and
approval from the City in advance of performing any
additional required services. The City will issue a new or amended Work Authorization (if required pursuant to Section
10.1.3) or purchase order (as applicable) to authorize such additional Services. Each changed Work Authorization and purchase order shall amend the Services and be
incorporated into the Services by reference.
10.1.4.4 In the event that issues are identified that can be most efficiently and economically resolved while on site, changes may be approved verbally (in the field), by telephone, or e- mail by the following authorized individuals: Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer. Such authorization shall be defined as an Interim Work Order. Contractor shall provide an updated Proposal within two (2) business days so that such changes can be documented in a Work
Authorization and/or purchase order.
10.2 Emergency Work
10.2.1 An Emergency Work Order should be utilized only in instances of a threat to public health or safety, loss of or damage to property, or serious disruption to essential services. An emergency is defined as an unforeseen event, circumstance, or combination of circumstances that the City reasonably determines to require immediate action.
10.2.2 Emergency Work Orders do not need to be in writing and may only be authorized by the Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer. Such verbal authorizations will be confirmed by the City in writing within three (3) business days by a purchase order or, where applicable, a Work Authorization and/or purchase order.
10.2.3 When emergency services are required, Contractor shall send a Proposal to the City for the required Services as soon as possible, but no later than three (3) business days after starting work. The Proposal shall be detailed in accordance with this Section 10 and shall also include any Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 20 of 51 completed work. City will issue a Work Authorization (if required pursuant to Section 10.1.3) and purchase order as soon as reasonably practicable.
10.3 Each Approved Work Authorization and purchase order including those authorizations issued pursuant to Section 10.1.3 and 10.1.4.4 shall be incorporated into the Agreement by reference and subject to its terms and conditions and the Services contained therein shall be included within the Services.
10.4 Proposals, pricing and quotes are not confidential and will not be treated as confidential even if marked confidential when submitted.
10.5 Except in the situations described in Section 10.1.4.4 and Section 10.2, Contractor shall not initiate services before a Work Authorization has been approved and/or purchase order has been issued and the City has directed Contractor to perform Services.
SECTION 11. APPLICABLE LAWS AND REGULATIONS
11.1 Contractor shall comply with all applicable present and future federal, state, and local regulations, ordinances and codes including but not limited to the Occupational Safety and Health Administration (OSHA) and the California Department of Industrial Relations and the Division of Occupational Safety and Health (Cal/OSHA).
11.2 Where any applicable laws or ordinances conflict with the City’s requirements, the more stringent requirement(s) shall be followed. Contractor's failure to be thoroughly familiarized with the provisions of any applicable federal, state, and local regulations, ordinances and codes shall not relieve Contractor from compliance with the obligations and penalties resulting therefrom.
SECTION 12. WORKMANSHIP
12.1 Contractor shall perform all work in a professional manner and environmentally responsible manner that meets or exceeds industry and professional standards of performance. All Services shall be performed by a Contractor employee skilled in the particular task to which they are assigned.
12.2 All parts and/or components replaced or newly installed in the system shall be factory new and free of defects in title, materials and workmanship at the time of their delivery and installation. However, if approved by the City, Contractor may use rebuilt parts or new parts from another manufacturer if approved by the original manufacturer and/or City for use in the specific piece of equipment of the system.
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 21 of 51
12.3 Poor or inferior workmanship, as determined at the sole discretion of the City, shall be removed and replaced to conform to the quality standards of the industry, or otherwise corrected to the satisfaction of the City, at Contractor’s sole expense.
12.4 City reserves the right to inspect any work performed by Contractor and its subcontractors. If, upon inspection, the City determines that there is any unsatisfactory or defective work, Contractor must correct the work at no additional cost to the City.
SECTION 13. PERMITS AND LICENSES
Contractor shall obtain, maintain, and pay for all licenses, permits, and certificates required by any statute, ordinance, rule, or regulation for the performance of Services.
SECTION 14. WARRANTY
14.1 Services. For each Approved Work Authorization, Purchase Order, and Emergency Work Order, all Services shall carry a warranty of a minimum of twelve (12) months from the date of completion of the Services as set forth in therein. Warranty-related work shall be at no additional cost to the City.
14.2 Parts. With respect to any parts or other items furnished by Contractor to perform the Services, Contractor shall extend the manufacturer’s warranty to any parts or other items furnished by the Contractor to perform the necessary Services. Parts manufactured by Contractor or others shall be warranted for a period commensurate with the original manufacturer’s warranty to ensure that the City receives a warranty period that is as long as the original manufacturer’s warranty.
Contractor shall provide the City with a copy of the extended manufacturer’s warranty.
14.3 Contractor shall be responsible for performing all warranty work within a reasonable time. In emergencies where damage may result from delay or where the loss of service may result, the City may choose to perform the work covered in the warranty. The cost associated with the City completing the warranty work shall be charged to Contractor.
SECTION 15. CITY FURNISHED MATERIALS
Contractor shall credit the City for any City-furnished materials that are used, lost, stolen, damaged or rendered unusable by actions of Contractor.
SECTION 16. WORK AREA
16.1 Contractor shall ensure that the work site is free from all surplus materials, waste materials, debris, spills, dirt and rubbish caused by Contractor’s performance of Services. Upon completion of the Services or at the end of each day, whichever Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 22 of 51 comes first, Contractor shall ensure the work area is in a clean safe condition. The City shall be the sole judge as to the adequacy of the cleanup.
16.2 Contractor shall follow all directions of City with regard to clean-up both during the course of, and upon completion of Services. If Contractor fails to clean up the work area within forty-eight hours (48) after demand by the City, City may charge Contractor for any costs of clean-up or other work required to adequately protect City's electrical or other facilities or to restore work area to a safe condition. City may invoice Contractor or deduct costs from Contractor’s invoice at City’s sole discretion.
16.3 Contractor must provide work and traffic signage as required to warn pedestrians and vehicular traffic of work in progress. Contractor may be required to direct pedestrians and traffic around the work area. Contractor shall also be responsible for providing all equipment and personnel necessary to properly perform the traffic control measures, including but not limited to, flaggers, cones, reflectors, electronic signs, barricades, caution tape, temporary paving, or steel plates.
16.4 Contractor shall make all reasonable efforts to minimize obstructions and inconvenience to SVP’s operations and others who may be impacted by Contractor’s Services.
SECTION 17. CONTRACTOR’S EQUIPMENT, TOOLS, AND MATERIALS
17.1 All equipment, tools (including any specialty tooling), and materials required for the execution of the Services shall be provided by Contractor. City will not loan tools or equipment to Contractor. Neither the Contractor nor its workers shall attempt to borrow tools or other materials from City personnel.
17.2 Tools and equipment shall be kept in proper operating condition and used only for the purpose for which they were designed. City reserves the right to suspend Services if improper tools or equipment are being used or operated.
17.3 Tools and equipment shall be safely stored overnight under lock and key. Loss of any tools or equipment shall be reported immediately to the City.
17.4 All vehicles, equipment, and ladders shall be secured when not in use. Keys shall not be left in any vehicles or equipment when not in use.
17.5 City will not be responsible for the loss of tools, equipment, or materials.
SECTION 18. DISPOSAL OF WASTE & SCRAPS
18.1 All wastes generated or encountered in the performance of the Services must be managed in accordance with all applicable local, State, and federal regulations and laws. Contractor is solely responsible for arranging and implementing the Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 23 of 51 proper handling, management, storage, transport, and disposal of all wastes including any hazardous materials.
18.2 Contractor shall provide the City with a written report of all disposal of materials within twenty-four (24) hours of disposal unless a shorter timeline is required by local, state, and/or federal regulations.
18.3 Contractor shall recycle all material scraps, and credit the value to the City.
SECTION 19. SAFETY
19.1 Safety must always be the top priority. Contractor shall take all necessary precautions for the safety of all persons on the work site. Contractor must erect and properly maintain at all times, as required by the conditions and progress of the Services, all necessary safeguards for the protection of all persons and the public including posting danger signs and warnings against known or unusual hazards.
19.2 Contractor shall maintain an effective Injury and Illness Prevention Program (IIPP) in writing pursuant to Section 3203, Title 8 of the California Code of Regulations (CCR). The written plan shall include specific instructions with regard to hazards unique to the employee's job assignment. At City’s request, a copy of the Contractor’s IIPP shall be submitted to the City prior to the execution of an agreement and be made available on-site.
19.3 Contractor shall schedule safety inspections as necessary and as may be requested by the City to identify and correct unsafe conditions and work practices.
The City reserves the right to accompany Contractor during these inspections.
19.4 Contractor must comply with all site-specific safety requirements and procedures including but not limited to Lockout/Tagout (LOTO), Energy Isolation, Confined Space, Fall Protection, Chemical Safety, Hazardous Waste, and Personnel Protective Equipment (PPE).
19.5 Contractor’s employees (including any subcontractors) shall utilize appropriate Personal Protective Equipment (PPE) and Fire Resistant (FR) clothing, as required. Any required PPE and FR clothing shall be provided at the expense of Contractor.
19.6 When requested by the City, Contractor shall provide an on-site Safety Manager/Supervisor to ensure compliance with all applicable Safety rules and regulations, perform daily audits and submit daily reports to the City that identify discrepancies or non-compliance, provide direction in regards to safety rules and regulations to Contractor Project Manager and On-Site Supervisor (as defined in Section 21) and Contractor employees.
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 24 of 51 SECTION 20. INJURY/PROPERTY DAMAGE
Contractor shall notify the City immediately in the event of an injury or property damage that occurs during the performance of the services. Contractor shall investigate the reported injury or damage upon request from City and provide City with regular updates including all accident reports until the investigation is resolved. City reserves the right to perform its own investigation. Should City choose to conduct its own investigation, Contractor shall assist as required.
SECTION 21. CONTRACTOR’S PERSONNEL
21.1 Project Manager/On-Site Supervisor
Contractor must designate one (1) Project Manager or On-Site Supervisor to communicate with the City during performance of the Services. The Project Manager/On-Site Supervisor is the designated point of contact for the City to communicate work tasks and receive feedback. The Project Manager/On-Site Supervisor must be capable of communicating effectively with City staff.
21.2 Staffing
21.2.1 Contractor shall be responsible for its employees' professional and technical competence and will select appropriate individuals who are qualified, certified, and/or licensed to perform the assigned task.
21.2.2 Contractor shall ensure its employees and any subcontractors supply proper identification when requested by the City.
21.2.3 Contractor shall inform City immediately of any change in key personnel assigned to this agreement. Contractor shall submit the resumes and other qualifications of the proposed replacement employee(s) to City for review and approval.
21.3 Employee Training
21.3.1 At Contractor’s sole cost and expense, Contractor shall provide recurring, periodic (no less than annual) training to its employees (including subcontractors) appropriate to the duties and responsibilities of each employee.
21.3.2 It is essential that all employees be thoroughly trained and familiar with the equipment and procedures to be followed.
21.3.3 Training shall follow Contractor’s standard policies and procedures and shall be in compliance with all applicable federal, state, and local laws, including but not limited to safety and injury prevention training requirements contained in the OSHA standards.
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 25 of 51
21.3.4 Contractor shall be familiar with SVP’s operating standards. All employees are required to watch SVP’s safety video once per calendar year or prior to the commencement of the Services.
21.3.5 At the City’s request, Contractor shall submit copies of training records for its employees.
21.4 Standards of Conduct
21.4.1 Contractor shall be solely responsible for its employees while on or about the
work site, including but not limited to, maintaining discipline, ensuring standards of conduct are adhered to, and enforcing safety policies, procedures, and orders. Contractor shall ensure that while on or about the work site, its employees do not:
21.4.1.1 Display a discourteous, abrupt, abrasive, or belligerent attitude.
21.4.1.2 Use any prescribed or over-the-counter medications which can potentially impair the employee's ability to perform the Services safely.
21.4.1.3 Present or identify themselves as employees of the City of Santa Clara.
21.4.1.4 Possess any firearms, narcotics, drugs, intoxicants, or other restricted materials while on the premises.
21.4.2 In the event a Contractor employee fails to meet these standards of conduct, Contractor shall immediately remove that employee and provide a replacement. Contractor shall determine appropriate disciplinary actions in accordance with its own policy, a copy of which may be requested by the City at any time.
21.4.3 In the event that a complaint is made against a Contractor employee, Contractor shall notify the City immediately and provide a written explanation detailing how the situation was resolved.
SECTION 22. E- BUILDER
22.1 When required by City, Contractor shall use utilize e-Builder for submission of data and documents throughout the term of this agreement.
22.2 e-Builder is a web-based construction management application hosted by e- Builder, Inc. For certain projects to be defined by the City, e-Builder shall be the primary means of project information submission and management or as otherwise agreed upon with the City.
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Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 26 of 51
22.3 The City will establish the Contractor's access to e-Builder by providing licenses to Contractor’s personnel at City’s cost. The Contractor’s designated users will be required to set up their computers/systems to use e-Builder in accordance to the e-Builder User Training Guide. The City reserves the right to limit the licenses issued to Contractor in the future.
22.4 Contractor is required to obtain all necessary training to use the software. The City will provide one classroom training or a web-based seminar. A training session is 1 - 2 hours.
22.5 e-Builder is a web-based environment and therefore it is subject to the inherent speed and connectivity limitations of the Internet. Contractor is responsible for its own connectivity to the Internet. e-Builder’s response time is dependent on the Contractor's equipment, including processor speed, Internet access speed, etc., and current traffic on the Internet. The City will not be liable for any delays associated with the usage of e-Builder including, but not limited to slow response time, downtime periods, connectivity problems, or loss of information. The Contractor shall ensure connectivity to the e-Builder system whether at the home office or job site. Under no circumstances will the usage of e-Builder be grounds for a time extension or cost adjustment to the Agreement.
22.6 Data entered in a collaborative mode (entered with the intent to share as determined by permissions and workflows within the e-Builder system) by the City and the Contractor will be jointly owned.
22.7 Contractor is responsible for managing, tracking, and documenting the Services to comply with the requirements of this Agreement. The City's acceptance via automated system notifications or audit logs extends only to the face value of the submitted documentation and does not constitute a validation of the Contractor's submitted information.
22.8 At the City’s sole discretion, project documents may be processed and distributed digitally over the internet or may be required to be presented in hard copy format.
22.9 While regular email may still be used for communication, when requested by the City, e-Builder shall be utilized as much as possible in connection with all document and information management required in the performance of projects where City has directed the use of e-Builder. Contractor shall be responsible for scanning or otherwise converting to electronic format all project submittals and Contractor correspondence, drawings, sketches, etc., and uploading them to the e-Builder website and shall be responsible for the validity of the information placed in e-Builder. The Contractor shall utilize the existing forms and processes in e-Builder to the maximum extent possible. If a required form does not exist in e- Builder, the Contractor shall include a form of its own or one provided by the City (if available) as an attachment to a submittal or process. Documents and information to be submitted electronically include, but are not limited to:
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 27 of 51
22.9.1 Correspondence
22.9.2 Meeting Minutes
22.9.3 Submittals and Shop Drawings
22.9.4 Product Data, reports, certifications, etc. must be submitted in PDF. (If a sample can be scanned, it is requested that a scanned PDF copy be submitted with the sample.
22.9.5 Requests for Information (RFI’s)
22.9.6 Submittals and Shop Drawings
22.9.7 Change Order requests and documentation, including record copies of change orders, proposals, and modifications.
22.9.8 Pay Applications
22.9.9 “Official” correspondence (such as letters) including informal correspondence, such as email.
22.9.10 Pre-Task Plans (PTPs)
22.9.11 Daily Construction Reports and other Daily Reports including Contractor Quality Control (CQC) Reports
22.9.12 All official reports, such as Commissioning reports
22.9.13 Notices and Claims
22.9.14 Operations and Maintenance Manuals
22.9.15 All Close-out documents, and
22.9.16 All testing results
22.10 Archive Copies: When requested by City, Contractor shall keep an archive copy of all digital data created by Contractor, or submitted to Contractor via e-mail, or resident on the e-Builder for the duration of the Project. Such data shall be available to City, and authorities with the jurisdiction (including funding agencies or representatives) on demand.
22.11 Should the City replace e-Builder with a different project management tool, Contractor, and subcontractors shall be required to utilize the new project management tool selected by the City.
Agreement with Telstar Instruments/Exhibit A -Scope of Services Page 28 of 51 SECTION 23. SHIPPING AND FREIGHT
23.1 Contractor shall be responsible for shipment and delivery of all required products and materials to City. All freight charges will be pre-paid by Contractor.
All products and materials shall be entirely at Contractor’s risk from the time they are placed in the possession of the carrier for shipment to/from City until final acceptance by the City. Contractor shall ensure that the products and materials are insured against “all risks” from the time the products and materials are placed in the possession of the carrier for shipment to/from City. Contractor will pack and ship all equipment in accordance with good commercial practices.
23.2 Contractor shall notify City at least sixty (60) minutes prior to arrival of any deliveries to City. City will provide a contact name and phone number to the Contractor. The shipping location is:
City of Santa Clara – Donald Von Raesfeld Power Plant
850 Duane Avenue, Santa Clara, CA 95054
APPENDIX A1 - COGEN TRANSMITTERS LIST
# ID NUMBER DESCRIPTION LOCATION CALIB RANGE OUTPUT MANUFACTURER MODEL 1 96CDP-1 U-1 CDP U-1 TURBINE COMPARTMENT 0-200 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B2 2 96CDP-2 U-2 CDP U-2 TURBINE COMPARTMENT 0-200 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B3 3 96FGF-1 U-1 FUEL GAS FLOW XMITTER WEST SIDE OF UNIT 1 0-181.5 INH2O 4-20 MA ROSEMOUNT 3051CD3A02A1AH2S6B3E5 4 96FGF-2 U-2 FUEL GAS FLOW XMITTER EAST SIDE OF UNIT 2 0-181.5 INH2O 4-20 MA ROSEMOUNT 3051CD3A02A1AH2S6B3E6 5 96FGMP-1 U-1 FUEL GAS MANIFOLD PRESSURE U-1 TURBINE COMPARTMENT 0-250 PSIG 4-20 MA ROSEMOUNT 1151GP7E22T0003PB 6 96FGMP-2 U-2 FUEL GAS MANIFOLD PRESSURE U-2 TURBINE COMPARTMENT 0-250 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B2 7 96FGP-1 U-1 TURBINE GAS PRESSURE EAST SIDE OF UNIT 1 0-300 PSIG 4-20 MA ROSEMOUNT 1144G0600A22 8 96FGP-2 U-2 TURBINE GAS PRESSURE WEST SIDE OF UNIT 2 0-300 PSIG 4-20 MA ROSEMOUNT 1144G0600A22 9 96FWF-1 U-1 BOILER FEEDWATER FLOW BETWEEN U-1 & U-2 0-165 INH2O 4-20 MA BAILEY 30 series 10 96FWF-2 U-2 BOILER FEEDWATER FLOW BETWEEN U-1 & U-2 0-165 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AM5S5 11 96QPG-1 U-1 GENERATOR BEARING PRESSURE U-1 TURBINE COMPARTMENT 0-40 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B2 12 96QPG-2 U-2 GENERATOR BEARING PRESSURE U-2 TURBINE COMPARTMENT 0-40 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B2 13 96QPRG-1 U-1 REDUCTION GEARBOX PRESSURE U-1 TURBINE COMPARTMENT 0-60 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B3 14 96QPRG-2 U-2 REDUCTION GEARBOX PRESSURE U-2 TURBINE COMPARTMENT 0-60 PSIG 4-20 MA ROSEMOUNT 1151GP7E22T0003PB 15 96QPT-1 U-1 TURBINE OIL PRESSURE U-1 TURBINE COMPARTMENT 0-100 PSIG 4-20 MA ROSEMOUNT 2088 16 96QPT-2 U-2 TURBINE OIL PRESSURE U-2 TURBINE COMPARTMENT 0-100 PSIG 4-20 MA ROSEMOUNT 1151GP6S22 17 96QT-1 U-1 L/O HEADER TEMP U-1 TURBINE COMPARTMENT 0-200 DEGF 4-20 MA FOXBORO 893RA-PFSN000 18 96QT-2 U-2 L/O HEADER TEMP U-2 TURBINE COMPARTMENT 0-200 DEGF 4-20 MA FOXBORO 893RA-PFSN000 19 96SGP-1 U-1 SUPPLY GAS PRESSURE EAST SIDE OF U-1 0-200 PSIG 4-20 MA ROSEMOUNT 1151G0600A22 20 96SGP-2 U-2 SUPPLY GAS PRESSURE WEST SIDE OF U-2 0-200 PSIG 4-20 MA ROSEMOUNT 1151G0600A22 21 96STL-1 U-1 BOILER LEVEL SOUTHEAST SIDE OF U-1 -21.53 TO 0.85 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AM5S5 22 96SLT-2 U-2 BOILER LEVEL SOUTHEAST SIDE OF U-2 -22.7 to -0.91 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AH2B1M5C1 23 96STF-P MAIN STEAM FLOW SOUTH SIDE PIPE RACK 0-142 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AM5S5 24 96STTB METERING SYSTEM (UPPER) PIPE RACK BY CONTROL CAB 0-250 PSIG 4-20 MA ROSEMOUNT 3051 25 96WNFDP-1 U-1 WTR INJ FILTER D/P EAST SIDE U-1 0-277 INH2O 4-20 MA ROSEMOUNT 1151 26 96WNFDP-2 U-2 WTR INJ FILTER D/P WEST SIDE U-2 0-277 INH2O 4-20 MA ROSEMOUNT 1151 27 L96STP-PB CUSTOMER STEAM PRESSURE SOUTH SIDE OF CONTROL CAB -3.4 TO 196.6 PSIG 4-20 MA ROSEMOUNT 3051CG4A22A1AB4E504 28 L96STT STEAM METERING SYSTEM SOUTH SIDE OF CONTROL CAB 32-500 DEGF 4-20 MA ROSEMOUNT 3144P 29 WNLT DEMIN WATER TANK LEVEL DEMIN WATER TANK 0-130 INH20 4-20 MA ROSEMOUNT 1151 30 WNPDPT WTR INJ PUMP DISCHARGE PRESSURE SOUTH SIDE OF U-2 0-600 PSIG 4-20 MA ROSEMOUNT 1144 31 WNPSPT WTR INJ FLOW SOUTH OF U-2 0-150 INH2O 4-20 MA ROSEMOUNT 1151 32 WNPT-1 U-1 WTR INJ PRESSURE EAST SIDE U-1 0-600 PSIG 4-20 MA ROSEMOUNT 1151 33 WNPT-2 U-2 WTR INJ PRESSURE WESTSIDE U-2 0-600 PSIG 4-20 MA ROSEMOUNT 1151 34 L96COF CONDENSATE RETURN FLOW SOUTH SIDE OF CONTROL CAB 0-125 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AS5M5 35 96DAL DA LEVEL West Side of DA -69 to -9 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AM5S5 36 96CIP-1 U-1 COMPRESSOR INLET PRESSURE U-1 TURBINE COMPARTMENT 0-8 INH20 4-20 MA FOXBORO 37 96CIP-2 U-2 COMPRESSOR INLET PRESSURE U-2 TURBINE COMPARTMENT 0-8 INH20 4-20 MA FOXBORO 38 L96STP-PA MAIN HEADER PRESSURE PIPE RACK BY CONTROL CAB (UP High) 0-250 PSIG 4-20 MA ROSEMOUNT 3051 39 96STF-PA MAIN STEAM FLOW (UNCORRECTED) PIPE RACK BY CONTROL CAB (UP High) 0-142 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AM5S5 40 96STP-1 U-1 DRUM PRESSURE BY U-1 STEAM DRUM 0-250 PSIG 4-20 MA BAILEY 30 series 41 96STP-2 U-2 DRUM PRESSURE BY U-2 STEAM DRUM 0-250 PSIG 4-20 MA BAILEY 30 series 42 96IAP-1 U-1 AIR PRESSURE ON TOP OF U-1 HRSG DUCTING 0-150 PSIG 4-20 MA BAILEY 30 series 43 96IAP-2 U-2 AIR PRESSURE ON TOP OF U-2 HRSG DUCTING 0-150 PSIG 4-20 MA BAILEY 30 series 44 96DAP DA PRESSURE DA INSTRUMENT PANEL BETWEEN UNITS 0-20 PSIG 4-20 MA BAILEY 30 series 45 96FWP FEEDWATER PRESSURE DA INSTRUMENT PANEL BETWEEN UNITS 0-350 PSIG 4-20 MA BAILEY 30 series Agreement with Telstar Instruments/Appendix A1 -Cogen Transmitter Calibration Lists
APPENDIX A2 - COGEN SWITCH CALIBRATION LIST
# ID NUMBER DESCRIPTION LOCATION CALIB RANGE MANUFACTURER MODEL 1 63QDPFH-1 U-1 OIL FILTER D/P SWITCH U-1 TURBINE COMPARTMENT 20 PSI INCREASING 2 63QDPFH-2 U-2 OIL FILTER D/P SWITCH U-2 TURBINE COMPARTMENT 20 PSI INCREASING 3 63QPGLL-1 U-1 GENERATOR OIL PRESSURE LOW TRIP U-1 TURBINE COMPARTMENT 10 PSI DECREASING BARKSDALE D2H-A80SS 4 63QPGLL-2 U-2 GENERATOR OIL PRESSURE LOW TRIP U-2 TURBINE COMPARTMENT 10 PSI DECREASING BARKSDALE D2H-A80 5 63QPRGLL-1 U-1 REDUCTION GEAR OIL PRESSURE LOW TRIP U-1 TURBINE COMPARTMENT 15 PSI DECREASING ALLEN BRADLEY BULLETIN 836 6 63QPRGLL-2 U-2 REDUCTION GEAR OIL PRESSURE LOW TRIP U-2 TURBINE COMPARTMENT 15 PSI DECREASING ALLEN BRADLEY BULLETIN 836 7 63QPTL-1 U-1 TURBINE OIL PSI LOW ALARM U-1 TURBINE COMPARTMENT 40 PSI DECREASING BARKSDALE D2H-A80 8 63QPTL-2 U-2 TURBINE OIL PSI LOW ALARM U-2 TURBINE COMPARTMENT 40 PSI DECREASING BARKSDALE D2H-A80 9 63QPTLL-1 U-1 TURBINE OIL PSI LOW LOW TRIP U-1 TURBINE COMPARTMENT 20 PSI DECREASING BARKSDALE D2H-A80 10 63QPTLL-2 U-2 TURBINE OIL PSI LOW LOW TRIP U-2 TURBINE COMPARTMENT 20 PSI DECREASING BARKSDALE D2H-A80 11 WNLS DEMIN TANK LOW LEVEL SWITCH DEMIN TANK 119 INH2O INCREASING SOR 4NN-T2-SI-C1A 12 26QTHH-1 U-1 L/O HIGH TEMPERATURE TRIP U-1 TURBINE COMPARTMENT 150 DEGF INCREASING BARKSDALE T2H-M251-12-A 13 26QTHH-2 U-2 L/O HIGH TEMPERATURE TRIP U-2 TURBINE COMPARTMENT 150 DEGF INCREASING BARKSDALE T2H-M251-12-A Agreement with Telstar Instruments/Appendix A2 -Cogen Switch Calibration Lists
APPENDIX A3 - DVR OUTAGE MASTER INSTRUMENTATION LIST
# ID NUMBER DESCRIPTION INPUT RANGE OUTPUT RANGE LOCATION MODEL NOTES 1 1SGA-FT-048 LP FW FLOW 0-100.0 INH2O 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 2 1SGA-LT-0029A HP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 3 1SGA-LT-0029B HP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 4 1SGA-LT-0042A LP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 5 1SGA-LT-0042B LP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 6 1SGA-PDT-1 FLUE GAS DP 0-18.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 7 1SGA-PDT-11 HP EVAP 1 FLUE GAS DP 0-0.500 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 8 1SGA-PDT-14 SCR CATALYST FLUE GAS DP 0-4.500 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 9 1SGA-PDT-16 HP EVAP 2 FLUE GAS DP 0-0.700 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 10 1SGA-PDT-17 HP EVAP 3 FLUE GAS DP 0-0.700 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 11 1SGA-PDT-19 LP SUPERHTR FLUE GAS DP 0-0.200 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 12 1SGA-PDT-20 HP ECON FLUE GAS DP 0-0.900 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 13 1SGA-PDT-22 LP EVAP 1 FLUE GAS DP 0-.0.600 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 14 1SGA-PDT-23 LP EVAP 2 FLUE GAS DP 0-.0.600 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 15 1SGA-PDT-24 LP EVAP 3 FLUE GAS DP 0-.0.600 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 16 1SGA-PDT-26 LP ECON FLUE GAS DP 0-1.200 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 17 1SGA-PDT-4 DB FLUE GAS DP 0-0.500 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 18 1SGA-PDT-6 HP SUPERHTR 2 FLUE GAS DP 0-0.800 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 19 1SGA-PDT-7 HP SUPERHTR 1 FLUE GAS DP 0-0.500 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 20 1SGA-PDT-9 CO CATALYST FLUE GAS DP 0-3.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 21 1SGA-PT-0030A HP DRUM PRESSURE 0-1650 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 22 1SGA-PT-0030B HP DRUM PRESSURE 0-1650 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 23 1SGA-PT-0038A HP SUPERHTR 2 PRESSURE 0-1529.9 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 24 1SGA-PT-0038B HP SUPERHTR 2 PRESSURE 0-1529.9 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 25 1SGA-PT-003A DB INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 26 1SGA-PT-003B DB INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 27 1SGA-PT-0043A LP DRUM PRESSURE 0-220.00 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 28 1SGA-PT-0043B LP DRUM PRESSURE 0-220.00 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 29 1SGA-PT-52 LP SUPERHTR FLUE OUTLET PRESSURE 0-175.00 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 30 1SGA-PT-10A HP EVAP 1 INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 31 1SGA-PT-10B HP EVAP 1 INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 32 1SGA-PT-13A SCR CATALYST INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 33 1SGA-PT-13B SCR CATALYST INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 34 1SGA-PT-15A HP EVAP 2 INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 35 1SGA-PT-15B HP EVAP 2 INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 36 1SGA-PT-18A LP SUPERHTR INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 37 1SGA-PT-18B LP SUPERHTR INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 38 1SGA-PT-21A LP EVAP 1 FLUE GAS INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 39 1SGA-PT-21B LP EVAP 1 FLUE GAS INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 40 1SGA-PT-25A LP ECON FLUE GAS INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 41 1SGA-PT-25B LP ECON FLUE GAS INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 42 1SGA-PT-2A GAS UPPER PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 Agreement with Telstar Instruments/Appendix A3 - DVR Outage Master Instrumentation List
APPENDIX A3 - DVR OUTAGE MASTER INSTRUMENTATION LIST
43 1SGA-PT-2B GAS UPPER PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 44 1SGA-PT-5A HP SUPERHTR 2 INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 45 1SGA-PT-5B HP SUPERHTR 2 INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 46 1SGA-PT-65 HP SUPERHTR 1 OUTLET PRESSURE 0-1600.0 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 47 1SGA-PT-8A CO CATALYST INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 48 1SGA-PT-8B CO CATALYST INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 49 2SGA-FT-048 LP FW FLOW 0-100.0 INH2O 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 50 2SGA-LT-0029A HP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 51 2SGA-LT-0029B HP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 52 2SGA-LT-0042A LP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 53 2SGA-LT-0042B LP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 54 2SGA-PDT-1 FLUE GAS DP 0-18.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 55 2SGA-PDT-11 HP EVAP 1 FLUE GAS DP 0-0.500 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 56 2SGA-PDT-14 SCR CATALYST FLUE GAS DP 0-4.500 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 57 2SGA-PDT-16 HP EVAP 2 FLUE GAS DP 0-0.700 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 58 2SGA-PDT-17 HP EVAP 3 FLUE GAS DP 0-1.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 59 2SGA-PDT-19 LP SUPERHTR FLUE GAS DP 0-0.200 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 60 2SGA-PDT-20 HP ECON FLUE GAS DP 0-0.900 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 61 2SGA-PDT-22 LP EVAP 1 FLUE GAS DP 0-.0.600 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 62 2SGA-PDT-23 LP EVAP 2 FLUE GAS DP 0-.0.600 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 63 2SGA-PDT-24 LP EVAP 3 FLUE GAS DP 0-1.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 64 2SGA-PDT-26 LP ECON FLUE GAS DP 0-4.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 65 2SGA-PDT-4 DB FLUE GAS DP 0-0.500 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 66 2SGA-PDT-6 HP SUPERHTR 2 FLUE GAS DP 0-0.800 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 67 2SGA-PDT-7 HP SUPERHTR 1 FLUE GAS DP 0-0.500 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 68 2SGA-PDT-9 CO CATALYST FLUE GAS DP 0-3.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 69 2SGA-PT-0030A HP DRUM PRESSURE 0-1650 PSI 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 70 2SGA-PT-0030B HP DRUM PRESSURE 0-1650 PSI 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 71 2SGA-PT-0038A HP SUPERHTR 2 PRESSURE 0-1529.9 PSI 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 72 2SGA-PT-0038B HP SUPERHTR 2 PRESSURE 0-1529.9 PSI 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 73 2SGA-PT-003A DB INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 74 2SGA-PT-003B DB INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 75 2SGA-PT-0043A LP DRUM PRESSURE 0-220.00 PSI 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 76 2SGA-PT-0043B LP DRUM PRESSURE 0-220.00 PSI 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 77 2SGA-PT-52 LP SUPERHTR FLUE OUTLET PRESSURE 0-175.00 PSI 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 78 2SGA-PT-10A HP EVAP 1 INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 79 2SGA-PT-10B HP EVAP 1 INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 80 2SGA-PT-13A SCR CATALYST INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 81 2SGA-PT-13B SCR CATALYST INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 82 2SGA-PT-15A HP EVAP 2 INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 83 2SGA-PT-15B HP EVAP 2 INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 84 2SGA-PT-18A LP SUPERHTR INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 85 2SGA-PT-18B LP SUPERHTR INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 Agreement with Telstar Instruments/Appendix A3 - DVR Outage Master Instrumentation List
APPENDIX A3 - DVR OUTAGE MASTER INSTRUMENTATION LIST
86 2SGA-PT-21A LP EVAP 1 FLUE GAS INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 87 2SGA-PT-21B LP EVAP 1 FLUE GAS INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 88 2SGA-PT-25A LP ECON FLUE GAS INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 89 2SGA-PT-25B LP ECON FLUE GAS INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 90 2SGA-PT-2A GAS UPPER PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 91 2SGA-PT-2B GAS UPPER PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 92 2SGA-PT-5A HP SUPERHTR 2 INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 93 2SGA-PT-5B HP SUPERHTR 2 INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 94 2SGA-PT-65 HP SUPERHTR 1 OUTLET PRESSURE 0-1600.0 PSI 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 95 2SGA-PT-8A CO CATALYST INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 96 2SGA-PT-8B CO CATALYST INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 2 ATS BOILER ROSEMOUNT 3051 97 CECA-PT-1 AUX CW PUMP DISCH HDR XMTR 0-100 PSI 4-20 MA DC AUX COOLING WATER ROSEMOUNT 3051 98 CECA-FT-15 CW BLWDN TO CITY FLOW XMTR 0-100 IN WC 4-20 MA DC AUX COOLING WATER ROSEMOUNT 3051 99 CECB-PT-3 CCCW PMP DISCH HDR PRESS XMTR 4-20 MA DC CCCW ROSEMOUNT 3051 100 1FWA-FT-2 U1 HP ECON FW SPLY FLOW XMTR 0-250 IN WC 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 101 1FWA-FT-5 HP SUPHTR 2 FW SUPPLY FLOW XMTR 0-100 IN WC 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 102 1FWA-FT-16 BFW PMP 1A DISCH FLOW XMTR 0-100 IN WC 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 103 1FWA-FT-17 BFW PMP 1B DISCH FLOW XMTR 0-100 IN WC 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 104 1FWA-FT-20 HP STM BYPASS DESUP SPRAY FLOW XMTR 0-50.0 IN WC 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 105 1FWA-FT-21 BFW PMP 1A RECIRC TO COND FLOW XMTR 0-200 IN WC 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 106 1FWA-FT-22 BFW PMP 1B RECIRC TO COND FLOW XMTR 0-200 IN WC 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 107 1FWA-PDT-18 UNIT 1 RECIRC TO COND STR 3 D/P XMTR 10 PSID 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 108 1FWA-PDT-19 UNIT 1 RECIRC TO COND STR 4 D/P XMTR 10 PSID 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 109 1FWA-PT-14 UNIT 1 BFW PMP 1A DISCH PRESS XMTR 0-2000 PSI 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 110 1FWA-PT-15 UNIT 1 BFW PMP 1B DISCH PRESS XMTR 0-2000 PSI 4-20 MA DC UNIT 1 BOILER FEED ROSEMOUNT 3051 111 2FWA-FT-2 U2 HP ECON FW SPLY FLOW XMTR 0-250 IN WC 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 112 2FWA-FT-5 HP SUPHTR 2 FW SUPPLY FLOW XMTR 0-100 IN WC 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 113 2FWA-FT-16 BFW PMP 2A DISCH FLOW XMTR 0-100 IN WC 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 114 2FWA-FT-17 BFW PMP 2B DISCH FLOW XMTR 0-100 IN WC 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 115 2FWA-FT-20 HP STM BYPASS DESUP SPRAY FLOW XMTR 0-50.0 IN WC 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 116 2FWA-FT-21 BFW PMP 2A RECIRC TO COND FLOW XMTR 0-200 IN WC 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 117 2FWA-FT-22 BFW PMP 2B RECIRC TO COND FLOW XMTR 0-200 IN WC 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 118 2FWA-PDT-18 UNIT 2 RECIRC TO COND STR 3 D/P XMTR 10 PSID 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 119 2FWA-PDT-19 UNIT 2 RECIRC TO COND STR 4 D/P XMTR 10 PSID 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 120 2FWA-PT-14 UNIT 2 BFW PMP 2A DISCH PRESS XMTR 0-2000 PSI 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 121 2FWA-PT-15 UNIT 2 BFW PMP 2B DISCH PRESS XMTR 0-2000 PSI 4-20 MA DC UNIT 2 BOILER FEED ROSEMOUNT 3051 122 CFWC-PT-10 CONDS PMP DISCH HDR PRESS XMTR 0-800 PSI 4-20 MA DC CONDENSATE ROSEMOUNT 3051 123 1FGAP320 U1 DB GAS PRESSURE 0-50.00 PSI 4-20 MA DC UNIT 1 FUEL GAS SUPPLY ROSEMOUNT 3051 124 2FGAP320 U1 DB GAS PRESSURE 0-50.00 PSI 4-20 MA DC UNIT 2 FUEL GAS SUPPLY ROSEMOUNT 3051 125 CSGG-PT-15 HP STEAM SUPPLY PRESS TO GLAND SEAL 0-160 PSI 4-20 MA DC HP STEAM COMMON ROSEMOUNT 3051 126 CSGG-PT-7A MAIN STEAM PRESS XMTR A 0-1600 PSI 4-20 MA DC HP STEAM COMMON ROSEMOUNT 3051 127 CSGG-PT-7B MAIN STEAM PRESS XMTR B 0-1600 PSI 4-20 MA DC HP STEAM COMMON ROSEMOUNT 3051 128 CSGG-PT-902 STG HP STEAM SUPPLY PRESS 0-1500 PSI 4-20 MA DC HP STEAM COMMON ROSEMOUNT 3051 Agreement with Telstar Instruments/Appendix A3 - DVR Outage Master Instrumentation List
APPENDIX A3 - DVR OUTAGE MASTER INSTRUMENTATION LIST
129 1SGG-FT-1 UNIT 1 HP STEAM FLOW XMTR 0-250 NH2O 4-20 MA DC HP STEAM UNIT 1 ROSEMOUNT 3051 130 2SGG-FT-1 UNIT 2 HP STEAM FLOW XMTR 0-250 NH2O 4-20 MA DC HP STEAM UNIT 2 ROSEMOUNT 3051 131 CSGH-PT-4A LP STEAM PRESS XMTR A 0-150 PSI 4-20 MA DC LP STEAM COMMON ROSEMOUNT 3051 132 CSGH-PT-4B LP STEAM PRESS XMTR B 0-150 PSI 4-20 MA DC LP STEAM COMMON ROSEMOUNT 3051 133 CSGH-PT-822 INDUCTION STEAM SUPPLY PRESS 0-150 PSI 4-20 MA DC LP STEAM COMMON ROSEMOUNT 3051 134 1SGH-FT-1 UNIT 1 LP STEAM FLOW XMTR 0-100 INH2O 4-20 MA DC LP STEAM UNIT 1 ROSEMOUNT 3051 135 2SGH-FT-1 UNIT 2 LP STEAM FLOW XMTR 0-100 INH2O 4-20 MA DC LP STEAM UNIT 2 ROSEMOUNT 3051 136 CTGD-PDT-234 LUBE OIL STRAINER DP 0-50.0 PSI 4-20 MA DC STG LUBE OIL ROSEMOUNT 3051 137 CTGD-PDT-264 CONTROL OIL STRAINER DP 0-50.0 PSI 4-20 MA DC STG LUBE OIL ROSEMOUNT 3051 138 CTGD-PT-241 LUBE OIL PRESSURE 7.5-57.5 PSI 4-20 MA DC STG LUBE OIL ROSEMOUNT 3051 139 CTGD-PT-262 CONTROL OIL PRESSURE 0-300.0 PSI 4-20 MA DC STG LUBE OIL ROSEMOUNT 3051 140 CTGD-PS-235 Lube Oil Press. L (MOP Auto Start) 26 PSIG DECREASINGSWITCH ACTION STG LUBE OIL ASHCROFT B461V 141 CTGD-PS-236 Lube Oil Press. L (EOP Auto Start) 17.5 PSIG DECREASI SWITCH ACTION STG LUBE OIL ASHCROFT B461V 142 CTGD-PS-242 Turbine Lube Oil Press. (Turbine Trip) 17.5 PSIG DECREASI SWITCH ACTION STG LUBE OIL ASHCROFT B461V 143 CTGD-PS-247 Turning Lube Oil Press. L 4 PSIG DECREASING SWITCH ACTION STG LUBE OIL ASHCROFT B461V 144 CTGD-PS-265 Control Oil Press. L (COP Auto Start) 178.5 PSIG DECREASSWITCH ACTION STG LUBE OIL ASHCROFT B461V 145 CFWC-PT-2A Condenser Hotwell Pres. Xmtr 'A' -30 to 30 INHG 4-20 MA DC Condenser ROSEMOUNT 3051 25' Capillary 146 CFWC-PT-2B Condenser Hotwell Pres. Xmtr 'B' -30 to 30 INHG 4-20 MA DC Condenser ROSEMOUNT 3052 25' Capillary 147 CFWC-PT-2C Condenser Hotwell Pres. Xmtr 'C' -30 to 30 INHG 4-20 MA DC Condenser ROSEMOUNT 3053 25' Capillary Agreement with Telstar Instruments/Appendix A3 - DVR Outage Master Instrumentation List
APPENDIX A4 - GIANERA CALIBRATION SHEES FOR TWO COMBUSTION TURBINES TAG: # DESCRIPTION: LOCATION: DESIGN OPEN: DESIGN CLOSED:
1 63QL-1 1 Lube Oil Pressure Switch Turbine Gauge Panel Increasing @ 20 PSI +/-2 Decreasing @ 6 PSI +/- 1 2 63QT-2A 2 Lube Oil Pressure Switch Turbine Gauge Panel Decreasing @ 8 PSI +/- .3 Increasing @20 PSI +/-3 3 63WN-1 3 Water Inj. Pump Suction Pressure Water Injection Skid Increasing @ 8.0 INHG +/-.5 Decreasing @ 5.5 INHG +/-1.5 4 63WN-2 4 Water Inj. Pump Discharge Pressure Water Injection Skid Decreasing @ 500 PSI +/- 10 Increasing @ 555 PSI +/- 20 5 63QA-2 5 Lube Oil Pressure alarm Turbine Gauge Panel Decreasing @ 12 PSI +/- 1 Increasing @ 16 PSI +/- 2 6 63AD-1 6 Atomizing Air DP alarm Turbine Gauge Panel Decreasing @ 6 PSI +/- 2 Increasing @ 11 PSI +/- 3 7 63QQ-3 7 Lube oil filter DP Turbine Gauge Panel Increasing @ 15 PSI +/- .5 Decreasing @ 11 PSI +/-3 8 63HQ-1 8 Hydraulic Oil Supply Pressure Turbine Gauge Panel Decreasing @ 1050 PSI +/- 30 Increasing @ 1150 PSI +/- 40 9 63HL-1 9 Trip Oil Pressure - Liquid Fuel System Turbine Gauge Panel Decreasing @ 20 PSI +/- 1 Increasing @ 24 +/- 2 10 63HG-1 10 Trip Oil Pressure - Nat. Gas System Turbine Gauge Panel Decreasing @ 20 PSI +/- 1 Increasing @ 24 +/- 2 TAG: # DESCRIPTION: LOCATION: DESIGN OPEN: DESIGN CLOSED:
11 26QA-1 1 Lube Oil High Temperature alarm West Side of unit under grating Increasing 165 DEGF +/- 3 ------ 12 26QT-1A 2 Lube Oil High Temperature trip West Side of unit under grating Increasing 175 DEGF +/- 3 ------ 13 26QN-1 3 Lube oil tank Temperature West Side of unit under grating ------ Increasing 50 DEGF +/-5 14 26BT-1 4 Turb Compartment Temperature East Side of unit under grating Increasing 300 DEGF +/-5 ------ 15 26BT-2 5 Turb Compartment Temperature East Side of unit under grating Decreasing 95 DEGF +/-5 ------ TAG: # DESCRIPTION: LOCATION: DESIGN OPEN: DESIGN CLOSED:
1 63QL-1 1 Lube Oil Pressure Switch Turbine Gauge Panel Increasing @ 20 PSI +/-2 Decreasing @ 6 PSI +/- 1 2 63QT-2A 2 Lube Oil Pressure Switch Turbine Gauge Panel Decreasing @ 8 PSI +/- .3 Increasing @20 PSI +/-3 3 63WN-1 3 Water Inj. Pump Suction Pressure Water Injection Skid Increasing @ 8.0 INHG +/-.5 Decreasing @ 5.5 INHG +/-1.5 4 63WN-2 4 Water Inj. Pump Discharge Pressure Water Injection Skid Decreasing @ 500 PSI +/- 10 Increasing @ 555 PSI +/- 20 5 63QA-2 5 Lube Oil Pressure alarm Turbine Gauge Panel Decreasing @ 12 PSI +/- 1 Increasing @ 16 PSI +/- 2 6 63AD-1 6 Atomizing Air DP alarm Turbine Gauge Panel Decreasing @ 6 PSI +/- 2 Increasing @ 11 PSI +/- 3 7 63QQ-3 7 Lube oil filter DP Turbine Gauge Panel Increasing @ 15 PSI +/- .5 Decreasing @ 11 PSI +/-3 8 63HQ-1 8 Hydraulic Oil Supply Pressure Turbine Gauge Panel Decreasing @ 1050 PSI +/- 30 Increasing @ 1150 PSI +/- 40 9 63HL-1 9 Trip Oil Pressure - Liquid Fuel System Turbine Gauge Panel Decreasing @ 20 PSI +/- 1 Increasing @ 24 +/- 2 10 63HG-1 10 Trip Oil Pressure - Nat. Gas System Turbine Gauge Panel Decreasing @ 20 PSI +/- 1 Increasing @ 24 +/- 2 TAG: # DESCRIPTION: LOCATION: DESIGN OPEN: DESIGN CLOSED:
11 26QA-1 1 Lube Oil High Temperature alarm West Side of unit under grating Increasing 165 DEGF +/- 3 ------ 12 26QT-1A 2 Lube Oil High Temperature trip West Side of unit under grating Increasing 175 DEGF +/- 3 ------ 13 26QN-1 3 Lube oil tank Temperature West Side of unit under grating ------ Increasing 50 DEGF +/-5 14 26BT-1 4 Turb Compartment Temperature East Side of unit under grating Increasing 300 DEGF +/-5 ------ 15 26BT-2 5 Turb Compartment Temperature East Side of unit under grating Decreasing 95 DEGF +/-5 ------ GIANERA GT-2 SWITCH CALIBRATION LIST
Pressure Switches
Temperature Switches
GIANERA GT-1 SWITCH CALIBRATION LIST
Pressure Switches
Temperature Switches
Agreement with Telstar Instruments/A4-Gianera Calibration List for Two Combustion Turbines
APPENDIX A5 - DVR WATER TRETMENT ANALYZER LIST
# Manufacturer Model Service Qty
1 Hach DR 2800 Spectrometer 2
2 Hach Orbisphere 410 Dissolved Oxygen 1
3 Hach 5500sc Silica 2
4 Hach 8362sc High Purity pH 1
5 Hach CL17 Chlorine 1
6 Hach 1720E Turbidity, Low Range 1
7 Hach sc200 Turbidity 1
8 Hach Polymetron 9240 Sodium 1
9 Rosemont 1055 DUAL pH 3
10 Rosemont 1055 DUAL CONTACTING CONDUCTIVITY 10
11 Rosemont 1055 pH 1
12 Rosemont 1055 pH / CONTACTING CONDUCTIVITY 6
13 Rosemont 1055 CONTACTING CONDUCTIVITY 1
14 Univision Vision 230 Dissolved Oxygen 1
15 Univision Vision 230 Sodium 2
DVR Water Treatment Instruments
Agreement with Telstar Instruments/A5 -DVR Water Treatment Analyzer List
Agreement with Telstar/Exhibit B -Schedule of Fees and Payment Provisions Page 37 of 51
EXHIBIT B
SCHEDULE OF FEES AND PAYMENT PROVISIONS
SECTION 1. MAXIMUM COMPENSATION
The maximum compensation payable to Contractor during the Term shall not exceed the amount in Section 6 of the Agreement.
SECTION 2. RATES
Compensation under each Work Authorization and /or Purchase Order shall be in accordance with the rates set forth herein.
Rates. Contractor shall submit Proposals and invoice all Services at the rates listed in Appendix B1 attached and incorporated by reference.
Rates listed in Appendix B1 (Rate Schedule) are fully burdened and will remain fixed through September 30, 2025.
Rate Increase. Rates may be negotiated no more than once annually. Contractor shall notify the City ninety (90) days in advance of any proposed rate increase.
Any rate increases are subject to approval by the City and must be substantiated by the Contractor to the satisfaction of the City. All rate adjustments must be approved by the City by executing an amendment to this Agreement. References to alternate rates in quotes that have not been separately authorized pursuant to this section are not approved.
Reimbursable Expenses. Any and all reimbursable expenses related to each Work Authorization or Purchase Order shall be described in Contractor’s Proposal as set forth in Section 10 of Exhibit A and accounted for in the total cost for each Proposal, Work Authorization, and Purchase Order, as applicable. Expenses shall be reimbursable only to the extent that (1) Contractor submits sufficient documentation to City that the expenses were directly incurred in providing the Services, (2) Contractor demonstrates that such expenses aren’t included in the hourly rate where applicable, (3) such expenses were approved in advance pursuant to Section 10 of Exhibit A, (4) Contractor submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred.
Reimbursable Expense Schedule Mark Up
1. The cost of mailing, shipping and/or delivery of any documents or materials.
No Markup
2. The cost of photographing, printing, reproducing
and/or copying any documents or materials.
No Markup
2.1 2.2
2.3 2.4
Agreement with Telstar/Exhibit B -Schedule of Fees and Payment Provisions Page 38 of 51
Reimbursable Expense Schedule Mark Up
3. Charges for outside services and materials
(including subcontractor fees, equipment, and
facilities not furnished directly by Contractor.)
Not to exceed 15%
4. Other reimbursable expenses with prior written
approval from the City
No Markup
5. Allowable mileage will be charged at the prevailing
IRS rate per mile.
No Markup
6. Unless approved in writing (e-mail acceptable) in
advance, meals, lodging, and related per diem shall
not exceed the rates outlined by United States
General Services Administration (GSA).
https://www.gsa.gov/travel-resources. Airfare or
rental car, where applicable shall be at economy
rates.
No Markup
SECTION 3. PAYMENT PROVISIONS
Time and Material. For As-Needed Services authorized to be paid on a time and material basis, Contractor shall provide an invoice to the City on a monthly basis for services completed in the preceding month, pursuant to the rates listed in Table B1 in Appendix B1. The invoice must include the following information:
3.1.1 Invoice Number, Purchase Order Number, and Invoice Period.
3.1.2 Current amount due with a time and materials breakdown: titles, hours, hourly rates, and any City approved reimbursable expenses itemized with supporting documentation.
3.1.3 Each invoice shall provide sufficient detail for City to verify that the rates listed in Table B1 are charged. Additionally, invoices shall include sufficient detail to allow for accurate comparison with certified payroll submittals.
Fixed Price. For As-Needed Services authorized to be paid on a fixed price basis, Contractor shall provide an invoice to the City based on either (a) the percentage of services completed during the previous month or (b) a lump sum amount upon the completion of deliverable(s), as specified in the Purchase Order. Invoices must include the following information:
3.2.1 Invoice Number, Purchase Order Number, and Invoice Period.
3.2.2 Detailed information on the work performed on each deliverable or task completed on each project, as applicable.
3.2.3 Contractor shall not invoice labor costs subject to prevailing wages in advance of performing the applicable services.
3.1 3.2
Agreement with Telstar/Exhibit B -Schedule of Fees and Payment Provisions Page 39 of 51
3.2.4 With regard to milestone payments, Contractor shall invoice each milestone payment in full. Contractor shall not split milestone payments into multiple invoices.
Pre-Payment. City shall not be required to pay a deposit or any other form of pre- payment prior to Contractor beginning work.
Payment Limited to Satisfactory Completion of the Services. Contractor is not entitled to any payments until the City concludes that the Services and/or furnished deliverable(s) have been satisfactorily performed.
Recalculation. The City may recalculate and pay invoices based on the rates established in this Agreement.
Certified Payroll. When applicable, Contractor must submit all necessary certified payrolls through LCP Tracker in advance of its request for payment.
These submittals shall comply with the requirements set forth in Exhibit D and are subject to verification by the City.
Disputed Invoices. If the City in good faith disputes any portion of an invoice, the City shall pay the undisputed portion of the invoice and submit written notice to Contractor regarding the disputed amount. The notice shall include documentation supporting the disputed amount.
Payment. If there are no discrepancies or deficiencies in the submitted invoice and Contractor has submitted all required certified payroll, City shall process the invoice for payment.
3.3 3.4
3.5 3.6
3.7 3.8
Agreement with Telstar Instruments /Appendix B1
APPENDIX B1
RATE SCHEDULE
SECTION 1. RATES
Contractor shall charge, and the City shall pay for actual services rendered and authorized according to the process outlined in SECTION 10 of Exhibit A. The rates applicable for the Services are listed below in Table B1.
In cases where services are required but not listed below, Contractor must submit rates for approval by the City in advance, in writing before performing the services. For avoidance of doubt, any changes to the rates in Table B1 must be authorized in accordance with Section 2.3 of Exhibit B. Rate changes are not permitted as part of the Work Authorization process.
Table B1: Rates
Labor Classification
Hourly Rates
Through September 30, 2024
Hourly Rates
Effective October 1, 2024
Straight
Time Overtime
Double
Time
Straight
Time Overtime
Double
Time
Instrumentation/Control
Systems Technician
(Minimum of four (4)
hours per person from
the time of arrival at the
job site for onsite
services; minimum of two
(2) hours per person for
shop services)
$168.00 $252.00 $336.00 $176.00 $264.00 $353.00
Electrical Apprentice
(Minimum of four (4)
hours per person from
the time of arrival at the
job site for onsite
services; minimum of two
(2) hours per person for
shop services)
$165.00 $247.50 $330.00 $173.00 $260.00 $346.00
Journeyman Electrician
(Minimum of four (4)
hours per person from
the time of arrival at the
job site for onsite
services; minimum of two
(2) hours per person for
shop services)
$183.00 $274.50 $366.00 $192.00 $288.00 $384.00
Agreement with Telstar Instruments /Appendix B1
Labor Classification
Hourly Rates
Through September 30, 2024
Hourly Rates
Effective October 1, 2024
Straight
Time Overtime
Double
Time
Straight
Time Overtime
Double
Time
Project Manager /
Engineer
(No minimum hour for
shop and onsite services)
$220.00 $330.00 $440.00 $231.00 $346.00 $462.00
Mobilization Fee
For onsite services, a fee of $469.00 per day/per person applies in addition to the aforementioned labor rates. This mobilization fee covers expenses related to travel, equipment, and tools.
Example: To calculate the minimum daily charge for an Instrumentation/Control System Technician, multiply the straight-time hourly rate of $168 by 4 hours, resulting in $672. Add the mobilization fee of $469, totaling a minimum charge of $1,141.
Parts
Parts manufactured by Contractor shall be at the agreed-upon price. Parts from the original equipment manufacturer shall be at Contractor’s actual cost plus a 15% markup.
SECTION 2. DEFINITIONS
The following definitions apply to the hourly rates listed in Table B1:
“Straight Time” means the first eight (8) hours worked between Monday and Friday excluding U.S. Federal Holidays.
“Overtime” means the:
2.2.1 hours worked in excess of eight (8) hours Monday through Friday; or
2.2.2 first eight (8) hours worked on Saturdays.
“Double Time ” means the:
2.3.1 hours worked in excess of twelve (12) hours from Monday through Friday; or
2.3.2 hours worked in excess of eight (8) hours on Saturdays; or
2.3.3 hours worked during U.S. Federal Holidays; or
2.3.4 hours worked on Sundays.
2.1 2.2
2.3 Agreement with Telstar Instruments/Exhibit C Insurance Requirements
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:
1. COMMERCIAL GENERAL LIABILITY INSURANCE
1.1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
1.2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
1.3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
1.3.1. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
1.3.2. There shall be no cross-liability exclusion which precludes coverage for claims or suits by one insured against another; and
1.3.3. Coverage shall apply separately to each insured against whom a claim is made, or a suit is brought, except with respect to the limits of liability.
2. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
Agreement with Telstar Instruments/Exhibit C Insurance Requirements
3. WORKERS’ COMPENSATION
3.1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
3.2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3.3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
4. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
5. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
5.1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
5.2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other Agreement with Telstar Instruments/Exhibit C Insurance Requirements
insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
5.3. Cancellation.
5.3.1. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
5.3.2. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of
premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.
5.4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections 1 through 5 of this Exhibit C.
6. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
6.1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
6.2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of Agreement with Telstar Instruments/Exhibit C Insurance Requirements
complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
6.3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
7. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
8. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to: [email protected]
9. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Telstar Instruments/Exhibit D - Labor Compliance
EXHIBIT D
LABOR COMPLIANCE
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
A. P REVAILING WAGE REQUIREMENTS
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. Contractors shall submit certified payroll through LCP Tracker or similar system as directed by the City. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any Agreement with Telstar Instruments/Exhibit D - Labor Compliance
additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
B. A UDIT RIGHTS
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Exhibit shall be made available for audit at no cost to City, at Agreement with Telstar Instruments/Exhibit D - Labor Compliance
any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
C. E NFORCEMENT
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Exhibit.
4. City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Agreement with Telstar Instruments/Exhibit E – Sample Work Authorization Page 49 of 51
EXHIBIT E
SAMPLE WORK AUTHORIZATION FORM
This work authorization (“Work Authorization”) is made pursuant to the Agreement for Service between the City of Santa Clara and Contractor (“Agreement”). This Work Authorization is governed by the provisions of the Agreement and is hereby incorporated into the Agreement by reference. All Services are subject to the terms and rates included in the Agreement. In the event of any inconsistency between the terms and conditions of the Work Authorization and the Agreement, the terms and conditions of the Agreement shall govern and control.
PART A: GENERAL INFORMATION
WORK AUTHORIZATION
NUMBER: Original
First Revised
Second Revised
Other Contract No.
Contractor Name/Address:
Expiration Date of Agreement:
Contractor’s Project Manager: Name: Email:
City’s Project Manager Name: Email:
Period of Performance for this
Work Order:
Start Date: Expected Completion Date:
Maximum Compensation of Agreement:
Previously Committed Funds:
Available Funds
Maximum Compensation for this Work Authorization
Remaining Available Funds
Sufficient funds are available in Fund #:
(to be completed by City)
Contractor Representative Name (Print)
Contractor Representative Signature
Contractor Representative Signature Date
City Project Manager Name (Print)
Authorized City Representative (Print)
City Representative Signature
City Representative Signature Date
* Authorized City Representatives include Electric Utility Assistant Director, Chief Electric Utility Operating Officer, Chief Electric Utility Officer
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Agreement with Telstar Instruments/Exhibit E – Sample Work Authorization Page 50 of 51 PART B: SERVICES TO BE PERFORMED
1. REVISED WORK AUTHORIZATION
No
If yes, provide a brief description of the change(s).
2. SCOPE
OF SERVICES TO BE PERFORMED
The Contractor shall perform the service(s) described below in accordance with all of the terms and conditions of the Agreement. (Insert a detailed scope of work below or attach as a separate file.) Scope of Services and cost proposal shall meet all of the provisions of Section 10 of Exhibit A.
3. COMPENSATION
a. Basis of Compensation: Time & Materials Fixed Fee b. R eimbursable Expenses:
No expenses are reimbursable.
Expenses are separately reimbursable in the maximum amount of:
c. Paymen
t Schedule:
Monthly Completion of Deliverable/Milestone Completion of Work d. Payment Terms. Provide payment terms below or attach as a separate file. *P
ayment for on-site labor may not be paid in advance. On-site labor shall not be invoiced until completed and Customer will not make payment until certified payroll is approved.
4. LIQUIDATED DAMAGES
Liquidated Damages do not apply.
Liquidated Damages apply as follows:
It is mutually agreed by Contractor and City that, in event completion of the Services to be □
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Agreement with Telstar Instruments/Exhibit E – Sample Work Authorization Page 51 of 51 provided by the Contractor under this Agreement is delayed beyond ___________________, 20___, City will suffer
damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, Contractor shall pay to City the sum of __________________________________dollars ($____________) per day in liquidated damages to a cap of _________. Contractor agrees that City may deduct the amount of said unpaid damages from any money due or that may become due to Contractor under this Agreement.
Notwithstanding the foregoing both Parties understand and agree that no liquidated damages shall accrue for delivery delays due to any modification of the work scope, for delays caused by or attributable to the City, for delays caused by or attributable to third parties not under the direct control of Contractor
or any force majeure event during the period of service of this Work Authorization.
Such liquidated damages shall be the City's sole and exclusive remedy for Contractor’s failure to meet the agreed delivery schedule.
5. ACCEPTANCE CERTIFICATE
Acceptance Certificate not required.
Acceptance Certificate required.
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Agreement with Rosemount Inc.
Rev. 07-01-18 Page 1 of 55
EBIX Insurance No. S200004309
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
ROSEMOUNT INC.
DBA: MEASUREMENT SOLUTIONS SYSTEMS & SERVICES
PREAMBLE
The Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Rosemount Inc., a Minnesota corporation, doing business as Measurement Solutions Systems & Services (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties.”
RECITALS
A. City desires to secure the services of Contractor to provide calibration, maintenance, and repair services for various instruments and devices for Silicon Valley Power (Services), as more fully described in this Agreement in Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain Services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such Services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Appendix A1: Cogen Transmitter Calibration Lists
Appendix A2: Cogen Switch Calibration List
Appendix A3: DVR Outage Master Instrumentation List
Appendix A4: Gianera Calibration List for Two Combustion Agreement with Rosemount Inc.
Rev. 07-01-18 Page 2 of 55
Turbines
Appendix A5: DVR Water Treatment Analyzer List
Exhibit B – Schedule of Fees and Payment Provisions
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance
Exhibit E – Sample Work Authorization Form
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment(s) to this Agreement, the term of this Agreement shall begin on October 1, 2023 of this Agreement and terminate on September 30, 2028 (“Initial Term”).
After the Initial Term, City reserves the right, at its sole discretion, to extend the term for one (1) additional year through September 30, 2029 (“Extension Term”).
Such extension of term shall be authorized through an Amendment to this Agreement executed by the Parties. The Initial Term and Extension Term shall be collectively referred herein as “Term.”
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
A. Services. Services shall be performed by trained personnel using industry-standard equipment and instrumentation for the particular Service provided. Contractor expressly warrants that Services shall conform to the agreed upon specifications, requirements, and instructions of this Agreement. The foregoing warranties will apply until the expiration of the applicable warranty period. Services are warranted for a period of one (1) year from the date of completion of the Services. Contractor, at Contractor’s option, shall either correct any errors that are found by City in the Services or refund the purchase price of the defective portion of the Services.
Agreement with Rosemount Inc.
Rev. 07-01-18 Page 3 of 55
B. Goods. Contractor warrants that any goods manufactured by Contractor and provided in connection with the Services shall be free from defects in materials or workmanship under normal use and care. The foregoing warranties shall apply until the expiration of the applicable warranty period. The goods are warranted for twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Contractor, whichever period expires first. Consumables (i.e., goods which require replacement with regular maintenance) are warranted for a period of 90 days from the later of the date of shipment or completion of the Services. Products purchased by Contractor from a third party for resale to City (“Resale Products”) shall carry only the warranty extended by the original manufacturer. City agrees that Contractor has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If City discovers any warranty defects and notifies Contractor thereof in writing during the applicable warranty period, Contractor shall, in consultation with City and at no additional charge to City, (1) correct any errors that are found by Contractor in the goods or Services or (2) repair or replace by standard ground freight, at Contractor’s expense, to Contractor’s designated repair facility that portion of the goods found by Contractor to be defective or (3) refund the purchase price of the defective portion of the goods. All warranties set forth herein shall be void and unenforceable in the event (a) the goods are not maintained or operated in accordance with the applicable operations and maintenance manuals provided by Contractor to City (b) normal wear and usage, (c) unsuitable power sources or environmental conditions, (d) accident, (d) misuse, improper installation, modification, repair, (e) use of unauthorized replacement parts, storage or handling, or (f) any other cause not the fault of Contractor are not covered by this limited warranty, and shall be at City’s expense.
Goods repaired and parts replaced by Contractor during the warranty period shall be in warranty for the remainder of the original warranty period and manufacturers’ warranties. This limited warranty is the only warranty made by Contractor and can be amended only in writing and signed by Contractor.
C. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE
EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER
WITH RESPECT TO ANY OF THE GOODS OR SERVICES.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall Agreement with Rosemount Inc.
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perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES AND PAYMENT PROVISIONS.” The maximum compensation of this Agreement is One Million Dollars ($1,000,000) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services, including any taxes. All Services performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. Cit
y shall have the right to terminate this
Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.
B. Termination for Default. I f Contractor fails to perform any of its material obligations under this Agreement, and Contractor has failed to cure such failure within fifteen (15) days following written notice from the City, in addition to all other remedies provided under this Agreement, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Par ty shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) business days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
Agreement with Rosemount Inc.
Rev. 07-01-18 Page 5 of 55
9. NO THIRD-PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
A. Confidential Information” means, with respect to a Party hereto, all information or material which either (1) is marked or identified as “Confidential,” “Restricted,” or “Proprietary Information” or other similar marking or identification, or (2) the other Party knew, as recipient, or under the circumstances, should have known, was considered confidential or proprietary by the Disclosing Party (as defined below), except that Contractor pricing shall not be deemed Confidential Information .
Confidential Information shall consist of all information, whether in written, oral, electronic, or other form, furnished in connection with this Agreement by the Disclosing Party or its Representatives (“Representative” is defined as any elected and appointed officials, affiliate, director, officer, employee, agent, advisor or consultant of a Party or any of its subsidiaries or affiliates) to the Receiving Party (as defined below) or to its Representatives, and specifically includes but is not limited to the City’s individually identifiable customer information, and the City ’s customer usage data and financial data.
B. Contractor and the City shall each hold the other’s Confidential Information in confidence. Neither Party shall make the other's Confidential Information available in any form to any third party or use the other's Confidential Information for any purpose other than as specified in this Agreement. The Party providing Confidential Information (“Disclosing Party”) to the other Party (“Receiving Party”) shall remain the sole owner of such information.
Except as provided elsewhere within this Agreement, nothing contained in this Agreement shall be construed as granting or conferring any right or license in any Confidential Information or in any patents, copyrights, software or other technology, either expressly or by implication to the Receiving Party, or to its Representatives or to others. The term Confidential Information shall not include any of the following: (1) information already in possession of, or already known to, the Receiving Party as of the Effective Date without an obligation of confidentiality; (2) information in the public domain at the time of the disclosure, or which, after Agreement with Rosemount Inc.
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such disclosure, enters into the public domain through no breach of this Agreement by the Receiving Party or its Representative(s); (3) information lawfully furnished or disclosed to the Receiving Party by a non-party to this Agreement without any obligation of confidentiality and through no breach of this Agreement by the Receiving Party or its Representative(s); (4) information independently developed by the Receiving Party without use of any Confidential Information of the Disclosing Party; or (5) information authorized in writing by the Disclosing Party to be released from the confidentiality obligations herein.
C. By virtue of this Agreement, each Party hereto may disclose to the other Party information that is Confidential Information. This Agreement does not diminish, revoke or supersede any existing confidentiality, non-disclosure or similar agreement between the Parties that does not pertain to the subject matter of this Agreement. However, any Confidential Information, whether or not previously disclosed, that pertains to the subject matter of this Agreement shall be governed by the terms of this Section 11 which shall supersede any such previous agreement with respect to such Confidential Information and any Confidential Information relating to the subject matter of this Agreement that was exchanged under such previous agreement shall be treated as though it was exchanged under this Agreement as of the date of such exchange.
D. The Receiving Party will treat all Confidential Information of the Disclosing Party, no matter written, electronic, or oral, as confidential and proprietary, and the Receiving Party shall only use such information in furtherance of this Agreement. As such, the Receiving Party shall hold in confidence the Confidential Information of the Disclosing Party and ensure that such Confidential Informat ion is not disclosed to any other person or entity, except as expressly permitted by this Agreement or as authorized in writing by the Disclosing Party. Receiving Party shall not disclose Confidential Information of the Disclosing Party received under this Agreement to any person other than its Representatives who require knowledge of such Confidential Information in furtherance of this Agreement. The Receiving Party shall inform its Representatives of the confidential nature of the Confidential Information of the Disclosing Party and advise such Representatives of the limitations on the use and disclosure and prohibition on making copies or summaries of such Confidential Information. The Receiving Party shall be responsible for any breach of this Agreement by its Representatives. Neither Party shall use the Confidential Information of the other Party for any commercial purpose.
E. If the Receiving Party becomes legally compelled (by oral questions, interrogatories, request for information or documents, subpoena, civil investigative demand, or similar process) to disclose any Confidential Information of the Disclosing Party or is requested Confidential Information pursuant to the California Public Records Act or similar law, the Receiving Agreement with Rosemount Inc.
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Party will provide the Disclosing Party with written notice of such an occurrence (if so permitted) as soon as possible. Thereafter, at its sole costs and expense, the Disclosing Party may seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. So long as it is consistent with applicable law, the Receiving Party will not oppose action by, and the Receiving Party will cooperate with, the Disclosing Party, at the Disclosing Party’s sole cost and expense, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information. If the Disclosing Party fails to obtain such protective order or other remedy, or if the Disclosing Party waives compliance with the requirements of the preceding sentence, the Receiving Party will disclose only that Confidential Information that it is legally required to disclose, and will exercise commercially reasonable efforts, at Disclosing Party’s expense, to obtain reliable assurance that confidential treatment will be accorded the Confidential Information so disclosed.
F. In the event the Receiving Party discloses, disseminates or releases any Confidential Information, except as expressly permitted by this Agreement, such disclosure, dissemination or release will be deemed a material breach of this Agreement and the Disclosing Party may demand prompt return of all Confidential Information previously provided to the Receiving Party. As soon as the Receiving Party becomes aware that it has made an unauthorized disclosure of Confidential Information, the Receiving Party shall take any and all necessary actions to recover the improperly disclosed Confidential Information and promptly notify Disclosing Party regarding the nature of the unauthorized disclosure and the corrective measures being taken. Each Party agrees that any breach of their confidentiality obligations could cause irreparable harm to the other Party, the amount of which would be extremely difficult to estimate. Accordingly, it is understood and agreed that monetary damages would not be a sufficient remedy for any material breach of this Agreement and that specific performance and the Disclosing Party may seek injunctive relief in addition to monetary damages in the event of any breach or any threat of such breach. The provisions of this Paragraph are in addition to any other legal rights or remedies the Disclosing Party may have.
G. Within two (2) weeks of the termination of this Agreement, Contractor will return to the City o r destroy, to the extent permitted by law, any and all Confidential Information, including all originals, copies, translations, transcriptions or any other form of material, without retaining any copy or duplicate thereof; provided that Contractor may retain Confidential Information contained on backup media created in the ordinary course of business provided further that there is no effort to access such Confidential Information and Consultant’s confidential obligations with respect to such information shall continue so long as such information is retained.
Contractor shall certify in writing the destruction of the Confidential Agreement with Rosemount Inc.
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Information. The City may perform an audit of Consultant’s records to confirm the return or destruction of the Confidential Information. The City shall have this audit right for three (3) years after the termination of this Agreement. Notwithstanding the foregoing, the City shall not have the right to audit: (i) documents unrelated to the records being audited and (ii) Contractor’s proprietary information.
H. Notwithstanding the termination of this Agreement, this Confidentiality Section shall survive the expiration or earlier termination of this Agreement.
12. OWNERSHIP OF MATERIAL
All material created specifically for the City under this Agreement, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work outside the scope of the Services.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the Term and for four (4) years from the date of final payment for Services or goods provided under this Agreement, to audit the books and records of Contractor in connection any cost, payment, claim, other records or supporting documentation relating to the Services. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of ten (10) percent adverse to the City.
Notwithstanding the foregoing, the City shall
not have the right to audit: (i) the
development of negotiated or standard rates, overhead or profit factors; (ii) items where price is not calculated on a time and materials basis; (iii) documents unrelated to the contract being audited; (iv) employee salary or personal information; and (v) Contractor’s proprietary information, provided, however, the City may audit such documents to the extent necessary to verify compliance with applicable law.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to provide reasonable assistance to City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
Agreement with Rosemount Inc.
Rev. 07-01-18 Page 9 of 55
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any third party claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, to the extent caused by Contractor’s negligent acts or omissions or willful misconduct or fraud, and whether sounding in law, contract, tort, or equity, and in any manner caused by the Services performed by Contractor pursuant to this Agreement.
B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.
15. LIMITATION OF REMEDY AND LIABILITY
The total aggregate liability of Contractor and its subsidiaries, officers, employees and agents to City, its City Council, commissions, officers, employees, volunteers and agents and their insurers, collectively, for all claims (direct and third-party), damages, losses, expenses, costs, and liabilities of any kind arising out of this Agreement, whether such arise from a breach of contract; a defense, indemnification, or hold harmless obligation; warranty; tort, including negligence; strict liability; or otherwise, shall be limited to four (4) times the maximum compensation in Section 6, as amended. Notwithstanding the foregoing, the foregoing liability limitation shall not apply in cases of employee claims, personal injury to a third party or damage to property of a third party. Contractor or City shall not be liable for any special, consequential, incidental, indirect, exemplary, or punitive damages, including, without limitation, any loss of profit or revenues, even if Contractor or City has been advised of the possibility of such damages.
Agreement with Rosemount Inc.
Rev. 07-01-18 Page 10 of 55
This limitation of liability shall survive the expiration or termination of this Agreement.
16. INSURANCE REQUIREMENTS
During the Term, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
17. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
18. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]
And to Contractor addressed as follows:
Rosemount Inc., doing business as Measurement Solutions Systems & Services
Attention: Amy M. Halloran, Contracts Counsel
6005 Rogerdale Road,
Houston, TX 77072
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
19. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to Agreement with Rosemount Inc.
Rev. 07-01-18 Page 11 of 55
the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
20. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
21. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
22. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to Services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
23. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
24. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
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Rev. 07-01-18 Page 12 of 55
25. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
26. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
27. PREVAILING WAGE
In the event the Services require payment of prevailing wage, Contractor shall comply, and ensure its subcontractors comply with Exhibit D.
Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as Section 16000 et seq. of Title 8 of the California Code of Regulations. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure by Contractor or its employees, agents, contractors, and subcontractors to comply with the prevailing wage laws.
[SIGNATURES ON NEXT PAGE]
Agreement with Rosemount Inc.
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
ROSEMOUNT INC.
doing business as MEASUREMENT SOLUTIONS SYSTEMS & SERVICES a Minnesota corporation
Dated:
By (Signature):
Name: Amy M. Halloran
Title: Contracts Counsel
Principal Place of
Business Address: 6005 Rogerdale Road, Houston, TX 77072 Email Address: [email protected]
Telephone: (952) 204-6793
Fax: Not applicable
“CONTRACTOR”
November 28, 2023
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 14 of 55
EXHIBIT A - SCO PE OF SERVICES
TABLE OF CONTENTS
SECTION 1. GENERAL .................................................................................... 15 SECTION 2. LOCATION .................................................................................... 15 SECTION 3. DOCUMENTS................................................................................ 16 SECTION 4. SERVICES TO BE PERFORMED ................................................... 16 SECTION 5. SPECIFIC REQUIREMENTS .......................................................... 17 SECTION 6. REPORTS ..................................................................................... 17 SECTION 7. COMPLETION OF SERVICES....................................................... 18 SECTION 8. HOURS AND DAYS OF SERVICE .................................................. 18 SECTION 9. SCHEDULING AND PLANNING ..................................................... 19 SECTION 10. WORK AUTHORIZATION PROCESS ............................................. 19 SECTION 11. APPLICABLE LAWS AND REGULATIONS...................................... 24 SECTION 12. WORKMANSHIP............................................................................ 24 SECTION 13. PERMITS AND LICENSES ............................................................. 25 SECTION 14. INTENTIONALLY DELETED ........................................................... 25 SECTION 15. CITY FURNISHED MATERIALS ..................................................... 25 SECTION 16. WORK AREA ................................................................................. 25 SECTION 17. CONTRACTOR’S EQUIPMENT, TOOLS, AND MATERIALS ............ 26 SECTION 18. DISPOSAL OF WASTE & SCRAPS ................................................ 26 SECTION 19. SAFETY ........................................................................................ 26 SECTION 20. INJURY/PROPERTY DAMAGE ...................................................... 27 SECTION 21. CONTRACTOR’S PERSONNEL ..................................................... 27 SECTION 22. E-BUILDER ................................................................................... 29 SECTION 23. SHIPPING AND FREIGHT.............................................................. 31 Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 15 of 55 SECTION 1. GENERAL
1.1 Contractor shall provide all necessary supervision, labor, and services, plus all tools, equipment, materials, and supplies required to provide as-needed calibration, maintenance, and repair services for various instruments and devices (“Services”) for Silicon Valley Power (“SVP”).
1.2 Contractor shall perform the Services according to the original equipment manufacturer (OEM) standards and industry best practices. Any deviations must be approved in writing by SVP.
1.3 The terms “City” and “SVP” may be used interchangeably throughout this document.
1.4 To the extent not inconsistent with this Agreement (including this Exhibit), the City’s RFP 21-22-68 (including subsequent addenda) and Contractor’s proposal response dated June 14, 2022, are hereby incorporated by reference herein, and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement. In the event of any inconsistency between the terms of this Agreement (including its Exhibits) and the RFP or Contractor’s proposal, the Agreement (including its Exhibits) shall govern and control.
SECTION 2. LOCATION
2.1 Contractor will primarily perform Services in City of Santa Clara limits at the following locations:
2.1.1 Donald Von Raesfeld (DVR) Power Plant located at 850 Duane Avenue, Santa Clara, CA 95054
2.1.2 Fuel Gas Compressor Building (Gas Compressor) located at 2977 Lafayette Street, Santa Clara, CA 95054
2.1.3 Gianera Generating Station (Gianera) located at 2339 Gianera Street, Santa Clara, CA 95054
2.1.4 Cogeneration Plant (Cogen) located at 524 Robert Avenue, Santa Clara, CA 95050
2.2 In addition, services may be required at the following locations outside City limits:
2.2.1 Stony Creek Hydroelectric System (Stony) located near Orland, CA
2.2.2 Grizzly Hydroelectric Plant (Grizzly) located in Plumas County, CA
2.2.3 Black Butte Powerhouse located in Orland, CA
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 16 of 55
2.3 Using the process described in Section 10, Contractor may be requested to perform services at other City locations.
SECTION 3. DOCUMENTS
3.1 This Exhibit contains the following appendices:
3.1.1 Appendix A1: Cogen Transmitter Calibration List
3.1.2 Appendix A2: Cogen Switch Calibration List
3.1.3 Appendix A3: DVR Outage Master Instrumentation List
3.1.4 Appendix A4: Gianera Calibration List for Two Combustion Turbines
3.1.5 Appendix A5: DVR Water Treatment Analyzer List
3.2 The City may modify the appendices to add or delete instruments and devices as required. Such changes shall not require modification of the Agreement unless those changes result in a change in pricing.
SECTION 4. SERVICES TO BE PERFORMED
4.1 The Services that Contractor will perform include but are not limited to:
4.1.1 Repair or replace various instruments such as:
4.1.1.1 Pressure transmitters and switches
4.1.1.2 Differential pressure transmitters and switches
4.1.1.3 Level transmitters and switches
4.1.1.4 Thermocouples
4.1.1.5 Resistance temperature detectors
4.1.1.6 Control valves
4.1.1.7 Pneumatic instruments
4.1.2 Install and commission instruments and control devices
4.1.3 Verify instruments and devices are restored to their operational state (e.g., valves in, wired, sealed and enclosed)
4.1.4 Analyze and interpret test result data
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 17 of 55
4.1.5 Troubleshoot calibration errors
4.1.6 Perform instrument and device calibrations annually or as may be directed by the City
4.1.7 Provide miscellaneous routine calibration and maintenance services SECTION 5. SPECIFIC REQUIREMENTS
When required to perform Services, Contractor shall be responsible for providing the following associated activities:
5.1 Supervision and administrative support
5.2 Project management
5.3 Subcontractor management
5.4 Logistical planning
5.5 Scheduling services
5.6 On-site crane support
5.7 On-site cribbing and rigging
5.8 On-site scaffolding Services
5.9 On-site shoring Services
5.10 On-site atmospheric testing of vaults, spaces or similar equipment
5.11 On-site confined space rescue team
5.12 On-site electrical testing and non-destructive examination (NDE)
5.13 On-site miscellaneous services (portable restroom facilities, rental equipment such as light standards, generators, fueling services, etc.)
5.14 Expedited procurement and transportation of materials, parts, and equipment when requested by the City.
SECTION 6. REPORTS
6.1 Service Reports
6.1.1 Within seven (7) days after final acceptance by the City of Services associated with each Work Authorization (as defined in Section 10), Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 18 of 55 Contractor shall provide a report to the City, which shall include the following information:
6.1.1.1 Type of service (such as preventative maintenance, repair, and/or calibration services)
6.1.1.2 Summary of existing conditions
6.1.1.3 Description of as-found and as-left calibration data reports for each instrument and device tested or installed
6.1.1.4 Description of all newly installed instruments and devices and verification report of existing inventory
6.1.1.5 Description of noted issues/deficiencies (including photos) and recommended corrective actions
6.1.1.6 Description of services/repairs performed
6.1.1.7 Summary list of spare parts and material inventory, including serial number of all parts removed and installed
6.1.1.8 Other information that the City may request
6.2 Status Reports
6.2.1 Contractor shall provide regular cost, schedule, and status updates on services performed during the term of the Agreement.
6.2.2 Depending on work activity, status updates may be required daily, weekly, or monthly at the direction of the City.
6.3 Contractor shall provide all reports in electronic format and in hard copy if requested by the City.
SECTION 7. COMPLETION OF SERVICES
All Services shall be completed in a timely, efficient manner so as to ensure the site, equipment, and/or system is operational as soon as possible and as provided in the applicable Work Authorization / Purchase Order/ Emergency Work Order.
SECTION 8. HOURS AND DAYS OF SERVICE
Contractor will generally perform the required Services during regular business hours which is between 7:00 AM - 7:00 PM PST/PDT, Monday through Friday. City will, at its discretion, allow access during non-business hours when required.
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 19 of 55 SECTION 9. SCHEDULING AND PLANNING
9.1 Scheduled Services
9.1.1 Generally, Contractor will provide Services during plant outages that are scheduled by SVP in early spring and late fall of each year. City estimates that the Services will be required for twenty (20) days per calendar year.
9.1.2 Contractor shall plan, staff, and execute the Services with fourteen (14) days’ advance notice from the City.
9.2 Emergency Services
9.2.1 Contractor shall be available to provide 24-hour emergency services, seven (7) days per week, 365 days per year.
9.2.2 Contractor shall provide an answering service contact phone number at which an individual can be reached at any time.
9.2.3 Contractor shall be on site within (24) hours from City’s notification to perform the Services.
9.3 For critical equipment, Contractor may be required to work shifts longer than twelve (12) hours per day or working alternative shifts including night shifts.
SECTION 10. WORK AUTHORIZATION PROCESS
Contractor acknowledges that Contractor is one of two firms selected to perform the Services, pursuant to two (2) separate agreements (collectively, the “Calibration, Maintenance, and Repair Services Agreements”). Specific work will be assigned as set forth below.
10.1 Non-Emergency Work
10.1.1 When as-needed services are required, the City will request a Proposal for the work (Work Request). In its request, the City will provide a description of the work required, the deadline for response, and any other relevant information.
10.1.2 Proposal: Contractor shall prepare and submit a proposal (Proposal) for each Work Request that includes:
10.1.2.1 A work plan that includes a detailed description by task of the services to be performed.
10.1.2.2 A project timeline/schedule with discussion on any activities that may impact the project timeline/schedule.
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 20 of 55
10.1.2.3 A list of Contractor’s personnel and subcontractors including subcontractor Department of Industrial Relations (DIR)
number where required.
10.1.2.4 Any required drawings or documents.
10.1.2.5 A list of City responsibilities.
10.1.2.6 A final acceptance criteria
10.1.2.7 An itemized cost proposal showing:
10.1.2.7.1 Hours and hourly rates by position as listed in Appendix B1 for both Contractor and
subcontractor personnel if applicable. Indicate
labor subject to prevailing wage requirements
10.1.2.7.2 Parts/materials
10.1.2.7.3 Rental and/or specialty equipment
10.1.2.7.4 Reimbursable expenses in accordance with the limitations set forth in Exhibit B
10.1.2.7.5 Any additional costs such as, but not limited to, freight and permit fees
10.1.2.7.6 Breakdown of materials and labor sufficient to calculate sales tax
10.1.2.7.7 Estimated total cost including all required taxes
10.1.2.8 All submitted pricing shall be in accordance with the rates authorized in Exhibit B of this Agreement and the Proposal shall include sufficient information for the City to determine that rates are in accordance with the Agreement.
10.1.2.9 Cost for any additional equipment, parts, or services required for completion of the services as detailed in the Work Request and in Contractor’s Proposal but not reflected in the Contractor’s cost proposal shall be the sole
responsibility of the Contractor and at no additional cost to the City.
10.1.2.10 The City will review the Proposal, and may elect to approve it, reject it, or use it as a basis for further negotiations with Contractor.
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 21 of 55
10.1.2.11 Provided that Contractor’s original Proposal includes all items listed in Section 10.1.2, Contractor and City may negotiate whether the Work Authorization will be fixed price (lump sum) or based on specific rates of compensation (e.g., time and materials) for the completion of work.
10.1.2.12 Contractor must submit a revised Proposal to the City based upon such negotiations. If a fixed fee or lump sum is
authorized, a payment schedule shall be included. The final proposal shall include a clear breakdown of materials and labor indicating taxable and non-taxable items and an
estimate of sales tax.
10.1.3 Work Authorization
10.1.3.1 If the completion of the services in the Proposal will not result in total costs (including all previously authorized work) exceeding the maximum compensation in Section 6 of the
Agreement, additional services may be authorized as set forth in this Section.
10.1.3.2 For Proposals with a total cost exceeding $50,000, Work Authorizations shall be issued in substantially the same format as Exhibit E. Each Work Authorization shall describe the services and deliverables the Contractor must provide, the time limit within which the Contractor must complete the service and deliverables, the system acceptance criteria, warranty provisions, and the compensation for the additional services.
10.1.3.3 Subject to the terms and conditions of this Agreement, Contractor and City will negotiate the specific scope and requirements of each Work Authorization. Upon execution by the Parties, the Work Authorization shall become an
Approved Work Authorization.
10.1.3.4 Each Approved Work Authorization shall have a purchase order attached to it.
10.1.3.5 For Proposals with a total cost less than $50,000, a signed Work Authorization is not required. The City will issue a purchase order authorizing Services and the purchase order will serve as the Approved Work Authorization.
10.1.3.6 Only the Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer may, on behalf of the City, execute a Work Authorization.
Purchase orders are issued by the Finance Department.
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 22 of 55
10.1.3.7 Except in the case of emergency which shall confirm to the conditions of Section 10.2 or where the circumstances in Section 10.1.4.4 apply, Contractor shall not initiate the additional services and the City will not compensate the Contractor until the City has executed the Work
Authorization for such additional services where applicable (“Approved Work Authorization”) and issued a purchase
order.
10.1.3.8 If Contractor begins the Services or fails to dispute a purchase order within three (3) business days, Contractor is assumed to have accepted the terms of the purchase order.
10.1.3.9 An Approved Work Authorization must be consistent with – and cannot alter - the terms and conditions of this
Agreement. The terms and conditions of this Agreement
shall prevail over any and all terms and conditions contained in an Approved Work Authorization - even if the Approved Work Authorization expressly states that it is intended to control. Any conflicting terms and conditions in an Approved Work Authorization are invalid and unenforceable.
10.1.3.10 The City (through the individuals listed in Section 10.1.4.4 or, in the case of purchase orders, the Finance Department) may terminate an Approved Work Order, purchase order, or an Emergency Work Order for convenience with ten (10)
days prior written notice to Contractor. In such event, the Contractor shall have no further rights hereunder, except that Contractor shall be paid for all Services adequately rendered prior to such termination.
10.1.4 Changes to Work Authorization
10.1.4.1 Contractor shall notify the City immediately when a situation occurs that may result in a change to the total project cost or specific line items in an Approved Work Authorization or purchase order. Contractor shall provide the reason for the change specific to each Approved Work Authorization or
purchase order.
10.1.4.2 If Contractor requires changes to a fixed price Work Authorization, Contractor shall only be permitted to request changes with justification such as additional scope
requested by City or unanticipated field conditions. For such changes, Contractor shall submit justification demonstrating that changes in cost are associated with changes in scope.
Contractor shall not be entitled to additional compensation Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 23 of 55 for issues such as errors in calculation of original pricing, changes in staff, or other changes that are not directly related to changes requested by City.
10.1.4.3 In the event that unanticipated site conditions or other issues result in costs that exceed the approved Work Authorization or purchase order or changes to line items in an Approved Work Authorization or purchase order, Contractor shall
submit to the City an updated Proposal for review and
approval from the City in advance of performing any
additional required services. The City will issue a new or amended Work Authorization (if required pursuant to Section
10.1.3) or purchase order (as applicable) to authorize such additional Services. Each changed Work Authorization and purchase order shall amend the Services and be
incorporated into the Services by reference.
10.1.4.4 In the event that issues are identified that can be most efficiently and economically resolved while on site, changes may be approved verbally (in the field), by telephone, or e- mail by the following authorized individuals: Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer. Such authorization shall be defined as an Interim Work Order. Contractor shall provide an updated Proposal within two (2) business days so that such changes can be documented in a Work
Authorization and/or purchase order.
10.2 Emergency Work
10.2.1 An Emergency Work Order should be utilized only in instances of a threat to public health or safety, loss of or damage to property, or serious disruption to essential services. An emergency is defined as an unforeseen event, circumstance, or combination of circumstances that the City reasonably determines to require immediate action.
10.2.2 Emergency Work Orders do not need to be in writing and may only be authorized by the Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer. Such verbal authorizations will be confirmed by the City in writing within three (3) business days by a purchase order or, where applicable, a Work Authorization and purchase order.
10.2.3 When emergency services are required, Contractor shall send a Proposal to the City for the required Services as soon as possible, but no later than three (3) business days after starting work. The Proposal shall be detailed in accordance with this Section 10 and shall also include any Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 24 of 55 completed work. City will issue a Work Authorization (if required pursuant to Section 10.1.3) and purchase order as soon as reasonably practicable
10.3 Each Approved Work Authorization and purchase order including those authorizations issued pursuant to Section 10.1.3 and 10.1.4.4 shall be incorporated into the Agreement by reference and subject to its terms and conditions and the Services contained therein shall be included within the Services.
10.4 Proposals, pricing and quotes are not confidential and will not be treated as confidential even if marked confidential when submitted.
10.5 Except in the situations described in Section 10.1.4.4 and Section 10.2, Contractor shall not initiate services before a Work Authorization has been approved and/or purchase order has been issued and the City has directed Contractor to perform Services.
SECTION 11. APPLICABLE LAWS AND REGULATIONS
11.1 Contractor shall comply with all applicable present and future federal, state, and local regulations, ordinances and codes including but not limited to the Occupational Safety and Health Administration (OSHA) and the California Department of Industrial Relations and the Division of Occupational Safety and Health (Cal/OSHA).
11.2 Where any applicable laws or ordinances conflict with the City’s requirements, the more stringent requirement(s) shall be followed. Contractor's failure to be thoroughly familiarized with the provisions of any applicable federal, state, and local regulations, ordinances and codes shall not relieve Contractor from compliance with the obligations and penalties resulting therefrom.
SECTION 12. WORKMANSHIP
12.1 Contractor shall perform all work in a professional manner and environmentally responsible manner that meets or exceeds industry and professional standards of performance. All Services shall be performed by a Contractor employee skilled in the particular task to which they are assigned.
12.2 All parts and/or components replaced or newly installed in the system shall be factory new and free of defects in title, materials and workmanship at the time of their delivery and installation. However, if approved by the City, Contractor may use rebuilt parts or new parts from another manufacturer if approved by the original manufacturer and/or City for use in the specific piece of equipment of the system.
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 25 of 55
12.3 Poor or inferior workmanship, as determined at the sole discretion of the City, shall be removed and replaced to conform to the quality standards of the industry, or otherwise corrected to the satisfaction of the City, at Contractor’s sole expense.
12.4 City reserves the right to inspect any work performed by Contractor and its subcontractors. If, upon inspection, the City determines that there is any unsatisfactory or defective work, Contractor must correct the work at no additional cost to the City.
SECTION 13. PERMITS AND LICENSES
Contractor shall obtain, maintain, and pay for all licenses, permits, and certificates required by any statute, ordinance, rule, or regulation for the performance of Services.
SECTION 14. INTENTIONALLY DELETED
SECTION 15. CITY FURNISHED MATERIALS
Contractor shall credit the City for any City-furnished materials that are used, lost, stolen, damaged or rendered unusable by actions of Contractor.
SECTION 16. WORK AREA
16.1 Contractor shall ensure that the work site is free from all surplus materials, waste materials, debris, spills, dirt and rubbish caused by Contractor’s performance of services. Upon completion of the Services or at the end of each day, whichever comes first, Contractor shall ensure the work area is in a clean safe condition. The City shall be the sole judge as to the adequacy of the cleanup.
16.2 Contractor shall follow all directions of City with regard to clean-up both during the course of, and upon completion of the services. If Contractor fails to clean up the work area within forty-eight hours (48) after demand by the City, City may charge Contractor for any costs of clean-up or other work required to adequately protect SVP's electrical or other facilities or to restore work area to a safe condition. City may invoice Contractor or deduct costs from Contractor’s invoice at City’s sole discretion.
16.3 Contractor must provide work and traffic signage as required to warn pedestrians and vehicular traffic of work in progress. Contractor may be required to direct pedestrians and traffic around the work area. Contractor shall also be responsible for providing all equipment and personnel necessary to properly perform the traffic control measures, including but not limited to, flaggers, cones, reflectors, electronic signs, barricades, caution tape, temporary paving, or steel plates.
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 26 of 55
16.4 Contractor shall make all reasonable efforts to minimize obstructions and inconvenience to SVP’s operations and others who may be impacted by Contractor’s Services.
SECTION 17. CONTRACTOR’S EQUIPMENT, TOOLS, AND MATERIALS
17.1 All equipment, tools (including any specialty tooling), and materials required for the execution of the work shall be provided by Contractor. City will not loan tools or equipment to Contractor. Neither the Contractor nor its workers shall attempt to borrow tools or other materials from SVP personnel.
17.2 Tools and equipment shall be kept in proper operating condition and used only for the purpose for which they were designed. SVP reserves the right to suspend Services if improper tools or equipment are being used or operated.
17.3 Tools and equipment shall be safely stored overnight under lock and key. Loss of any tools or equipment shall be reported immediately to SVP.
17.4 All vehicles, equipment, and ladders shall be secured when not in use. Keys shall not be left in any vehicles or equipment when not in use.
17.5 City will not be responsible for the loss of tools, equipment, or materials.
SECTION 18. DISPOSAL OF WASTE & SCRAPS
18.1 All wastes generated or encountered in the performance of the Services must be managed in accordance with all applicable local, State, and federal regulations and laws. Unless otherwise specified in the applicable Purchase Order / Interim Work Order / Emergency Work Order, Contractor is solely responsible for arranging and implementing the proper handling, management, storage, transport, and disposal of all wastes including any hazardous materials.
18.2 Contractor shall provide the City with a written report of all disposal of materials within twenty-four (24) hours of disposal unless a shorter timeline is required by local, state, and/or federal regulations.
18.3 Contractor shall recycle all material scraps, and credit the value to the City.
SECTION 19. SAFETY
19.1 Safety must always be the top priority. Contractor shall take all necessary precautions for the safety of all persons on the work site. Contractor must erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of all persons and the public including posting danger signs and warnings against known or unusual hazards.
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 27 of 55
19.2 Contractor shall maintain an effective Injury and Illness Prevention Program (IIPP) in writing pursuant to Section 3203, Title 8 of the California Code of Regulations (CCR). The written plan shall include specific instructions with regard to hazards unique to the employee's job assignment. At City’s request, a copy of the Contractor’s IIPP shall be submitted to the City prior to the execution of an agreement and be made available on-site.
19.3 Contractor shall schedule safety inspections as necessary and as may be requested by the City to identify and correct unsafe conditions and work practices.
The City reserves the right to accompany Contractor during these inspections.
19.4 Contractor must comply with all site-specific safety requirements and procedures including but not limited to Lockout/Tagout (LOTO), Energy Isolation, Confined Space, Fall Protection, Chemical Safety, Hazardous Waste, and Personnel Protective Equipment (PPE).
19.5 Contractor’s employees (including any subcontractors) shall utilize appropriate Personal Protective Equipment (PPE) and Fire Resistant (FR) clothing, as required. Any required PPE and FR clothing shall be provided at the expense of Contractor.
19.6 When requested by the City, Contractor shall provide an on-site Safety Manager/Supervisor to ensure compliance with all applicable Safety rules and regulations, perform daily audits and submit daily reports to the City that identify discrepancies or non-compliance, provide direction in regards to safety rules and regulations to Contractor Project Manager and On-Site Supervisor (as defined in Section 21) and Contractor employees.
SECTION 20. INJURY/PROPERTY DAMAGE
Contractor shall notify the City immediately in the event of an injury or property damage that occurs during the performance of the services. Contractor shall investigate the reported injury or damage upon request from SVP and provide SVP with regular updates including all accident reports until the investigation is resolved. SVP reserves the right to perform its own investigation. Should SVP choose to conduct its own investigation, Contractor shall assist as required.
SECTION 21. CONTRACTOR’S PERSONNEL
21.1 Project Manager/On-Site Supervisor
Contractor must designate one (1) Project Manager or On-Site Supervisor to communicate with the City during performance of the Services. The Project Manager/On-Site Supervisor is the designated point of contact for the City to communicate Services tasks and receive feedback. The Project Manager/On- Site Supervisor must be capable of communicating effectively with SVP staff.
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 28 of 55
21.2 Staffing
21.2.1 Contractor shall be responsible for its employees' professional and technical competence and will select appropriate individuals who are qualified, certified, and/or licensed to perform the assigned task.
21.2.2 Contractor shall ensure its employees and any subcontractors supply proper identification when requested by the City.
21.2.3 Contractor shall inform SVP immediately of any change in key personnel assigned to this agreement. Contractor shall submit the resumes and other qualifications of the proposed replacement employee(s) to SVP for review and approval.
21.3 Employee Training
21.3.1 At Contractor’s sole cost and expense, Contractor shall provide recurring, periodic (no less than annual) training to its employees (including subcontractors) appropriate to the duties and responsibilities of each employee.
21.3.2 It is essential that all employees be thoroughly trained and familiar with the equipment and procedures to be followed.
21.3.3 Training shall follow Contractor’s standard policies and procedures and shall be in compliance with all applicable federal, state, and local laws, including but not limited to safety and injury prevention training requirements contained in the OSHA standards.
21.3.4 Contractor shall be familiar with SVP’s operating standards. All employees are required to watch SVP’s safety video once per calendar year or prior to the commencement of the Services.
21.3.5 At the City’s request, Contractor shall submit copies of training records for its employees.
21.4 Standards of Conduct
21.4.1 Contractor shall be solely responsible for its employees while on or about the
work site, including but not limited to, maintaining discipline, ensuring standards of conduct are adhered to, and enforcing safety policies, procedures, and orders. Contractor shall ensure that while on or about the work site, its employees do not:
21.4.1.1 Display a discourteous, abrupt, abrasive, or belligerent attitude.
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Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 29 of 55
21.4.1.2 Use any prescribed or over-the-counter medications which can potentially impair the employee's ability to perform the Services safely.
21.4.1.3 Present or identify themselves as employees of the City of Santa Clara.
21.4.1.4 Possess any firearms, narcotics, drugs, intoxicants, or other restricted materials while on the premises.
21.4.2 In the event a Contractor employee fails to meet these standards of conduct, Contractor shall immediately remove that employee and provide a replacement. Contractor shall determine appropriate disciplinary actions in accordance with its own policy, a copy of which may be requested by the City at any time.
21.4.3 In the event that a complaint is made against a Contractor employee, Contractor shall notify the City immediately and provide a written explanation detailing how the situation was resolved.
SECTION 22. E- BUILDER
22.1 When required by City, Contractor shall use utilize e-Builder for submission of data and documents throughout the term of this agreement.
22.2 e-Builder is a web-based construction management application hosted by e- Builder, Inc. For certain projects to be defined by the City, e-Builder shall be the primary means of project information submission and management or as otherwise agreed upon with the City.
22.3 The City will establish the Contractor's access to e-Builder by providing licenses to Contractor’s personnel at City’s cost. The Contractor’s designated users will be required to set up their computers/systems to use e-Builder in accordance to the e-Builder User Training Guide. The City reserves the right to limit the licenses issued to Contractor in the future.
22.4 Contractor is required to obtain all necessary training to use the software. The City will provide one classroom training or a web-based seminar. A training session is 1 - 2 hours.
22.5 e-Builder is a web-based environment and therefore it is subject to the inherent speed and connectivity limitations of the Internet. Contractor is responsible for its own connectivity to the Internet. e-Builder’s response time is dependent on the Contractor's equipment, including processor speed, Internet access speed, etc., and current traffic on the Internet. The City will not be liable for any delays associated with the usage of e-Builder including, but not limited to slow response time, downtime periods, connectivity problems, or loss of information. The Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 30 of 55 Contractor shall ensure connectivity to the e-Builder system whether at the home office or job site. Under no circumstances will the usage of e-Builder be grounds for a time extension or cost adjustment to the Agreement.
22.6 Data entered in a collaborative mode (entered with the intent to share as determined by permissions and workflows within the e-Builder system) by the City and the Contractor will be jointly owned.
22.7 Contractor is responsible for managing, tracking, and documenting the work to comply with the requirements of this Agreement. The City's acceptance via automated system notifications or audit logs extends only to the face value of the submitted documentation and does not constitute a validation of the Contractor's submitted information.
22.8 At the City’s sole discretion, project documents may be processed and distributed digitally over the internet or may be required to be presented in hard copy format.
22.9 While regular email may still be used for communication, when requested by the City, e-Builder shall be utilized as much as possible in connection with all document and information management required in the performance of projects where City has directed the use of e-Builder. Contractor shall be responsible for scanning or otherwise converting to electronic format all project submittals and Contractor correspondence, drawings, sketches, etc., and uploading them to the e-Builder website and shall be responsible for the validity of the information placed in e-Builder. The Contractor shall utilize the existing forms and processes in e-Builder to the maximum extent possible. If a required form does not exist in e- Builder, the Contractor shall include a form of its own or one provided by the City (if available) as an attachment to a submittal or process. Documents and information to be submitted electronically include, but are not limited to:
22.9.1 Correspondence
22.9.2 Meeting Minutes
22.9.3 Submittals and Shop Drawings
22.9.4 Product Data, reports, certifications, etc. must be submitted in PDF. (If a sample can be scanned, it is requested that a scanned PDF copy be submitted with the sample.
22.9.5 Requests for Information (RFI’s)
22.9.6 Submittals and Shop Drawings
22.9.7 Change Order requests and documentation, including record copies of change orders, proposals, and modifications.
22.9.8 Pay Applications
Agreement with Rosemount Inc./Exhibit A -Scope of Services Page 31 of 55
22.9.9 “Official” correspondence (such as letters) including informal correspondence, such as email.
22.9.10 Pre-Task Plans (PTPs)
22.9.11 Daily Construction Reports and other Daily Reports including Contractor Quality Control (CQC) Reports
22.9.12 All official reports, such as Commissioning reports
22.9.13 Notices and Claims
22.9.14 Operations and Maintenance Manuals
22.9.15 All Close-out documents, and
22.9.16 All testing results
22.10 Archive Copies: When requested by City, Contractor shall keep an archive copy of all digital data created by Contractor, or submitted to Contractor via e-mail, or resident on the e-Builder for the duration of the Project. Such data shall be available to City, and authorities with the jurisdiction (including funding agencies or representatives) on demand.
22.11 Should the City replace e-Builder with a different project management tool, Contractor, and subcontractors shall be required to utilize the new project management tool selected by the City.
SECTION 23. SHIPPING AND FREIGHT
23.1 Contractor shall be responsible for shipment and delivery of all required products and materials to City. All freight charges will be pre-paid by Contractor.
All products and materials shall be entirely at Contractor’s risk from the time they are placed in the possession of the carrier for shipment to/from City until final acceptance by the City. Contractor shall ensure that the products and materials are insured against “all risks” from the time the products and materials are placed in the possession of the carrier for shipment to/from City. Contractor will pack and ship all equipment in accordance with good commercial practices.
23.2 Contractor shall notify City at least sixty (60) minutes prior to arrival of any deliveries to City. City will provide a contact name and phone number to the Contractor. The shipping location is:
City of Santa Clara – Donald Von Raesfeld Power Plant
850 Duane Avenue, Santa Clara, CA 95054
# ID NUMBER DESCRIPTION LOCATION CALIB RANGE OUTPUT MANUFACTURER MODEL 1 96CDP-1 U-1 CDP U-1 TURBINE COMPARTMENT 0-200 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B2 2 96CDP-2 U-2 CDP U-2 TURBINE COMPARTMENT 0-200 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B3 3 96FGF-1 U-1 FUEL GAS FLOW XMITTER WEST SIDE OF UNIT 1 0-181.5 INH2O 4-20 MA ROSEMOUNT 3051CD3A02A1AH2S6B3E5 4 96FGF-2 U-2 FUEL GAS FLOW XMITTER EAST SIDE OF UNIT 2 0-181.5 INH2O 4-20 MA ROSEMOUNT 3051CD3A02A1AH2S6B3E6 5 96FGMP-1 U-1 FUEL GAS MANIFOLD PRESSURE U-1 TURBINE COMPARTMENT 0-250 PSIG 4-20 MA ROSEMOUNT 1151GP7E22T0003PB 6 96FGMP-2 U-2 FUEL GAS MANIFOLD PRESSURE U-2 TURBINE COMPARTMENT 0-250 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B2 7 96FGP-1 U-1 TURBINE GAS PRESSURE EAST SIDE OF UNIT 1 0-300 PSIG 4-20 MA ROSEMOUNT 1144G0600A22 8 96FGP-2 U-2 TURBINE GAS PRESSURE WEST SIDE OF UNIT 2 0-300 PSIG 4-20 MA ROSEMOUNT 1144G0600A22 9 96FWF-1 U-1 BOILER FEEDWATER FLOW BETWEEN U-1 & U-2 0-165 INH2O 4-20 MA BAILEY 30 series 10 96FWF-2 U-2 BOILER FEEDWATER FLOW BETWEEN U-1 & U-2 0-165 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AM5S5 11 96QPG-1 U-1 GENERATOR BEARING PRESSURE U-1 TURBINE COMPARTMENT 0-40 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B2 12 96QPG-2 U-2 GENERATOR BEARING PRESSURE U-2 TURBINE COMPARTMENT 0-40 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B2 13 96QPRG-1 U-1 REDUCTION GEARBOX PRESSURE U-1 TURBINE COMPARTMENT 0-60 PSIG 4-20 MA ROSEMOUNT 1151GP7E22B3 14 96QPRG-2 U-2 REDUCTION GEARBOX PRESSURE U-2 TURBINE COMPARTMENT 0-60 PSIG 4-20 MA ROSEMOUNT 1151GP7E22T0003PB 15 96QPT-1 U-1 TURBINE OIL PRESSURE U-1 TURBINE COMPARTMENT 0-100 PSIG 4-20 MA ROSEMOUNT 2088 16 96QPT-2 U-2 TURBINE OIL PRESSURE U-2 TURBINE COMPARTMENT 0-100 PSIG 4-20 MA ROSEMOUNT 1151GP6S22 17 96QT-1 U-1 L/O HEADER TEMP U-1 TURBINE COMPARTMENT 0-200 DEGF 4-20 MA FOXBORO 893RA-PFSN000 18 96QT-2 U-2 L/O HEADER TEMP U-2 TURBINE COMPARTMENT 0-200 DEGF 4-20 MA FOXBORO 893RA-PFSN000 19 96SGP-1 U-1 SUPPLY GAS PRESSURE EAST SIDE OF U-1 0-200 PSIG 4-20 MA ROSEMOUNT 1151G0600A22 20 96SGP-2 U-2 SUPPLY GAS PRESSURE WEST SIDE OF U-2 0-200 PSIG 4-20 MA ROSEMOUNT 1151G0600A22 21 96STL-1 U-1 BOILER LEVEL SOUTHEAST SIDE OF U-1 -21.53 TO 0.85 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AM5S5 22 96SLT-2 U-2 BOILER LEVEL SOUTHEAST SIDE OF U-2 -22.7 to -0.91 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AH2B1M5C1 23 96STF-P MAIN STEAM FLOW SOUTH SIDE PIPE RACK 0-142 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AM5S5 24 96STTB METERING SYSTEM (UPPER) PIPE RACK BY CONTROL CAB 0-250 PSIG 4-20 MA ROSEMOUNT 3051 25 96WNFDP-1 U-1 WTR INJ FILTER D/P EAST SIDE U-1 0-277 INH2O 4-20 MA ROSEMOUNT 1151 26 96WNFDP-2 U-2 WTR INJ FILTER D/P WEST SIDE U-2 0-277 INH2O 4-20 MA ROSEMOUNT 1151 27 L96STP-PB CUSTOMER STEAM PRESSURE SOUTH SIDE OF CONTROL CAB -3.4 TO 196.6 PSIG 4-20 MA ROSEMOUNT 3051CG4A22A1AB4E504 28 L96STT STEAM METERING SYSTEM SOUTH SIDE OF CONTROL CAB 32-500 DEGF 4-20 MA ROSEMOUNT 3144P 29 WNLT DEMIN WATER TANK LEVEL DEMIN WATER TANK 0-130 INH20 4-20 MA ROSEMOUNT 1151 30 WNPDPT WTR INJ PUMP DISCHARGE PRESSURE SOUTH SIDE OF U-2 0-600 PSIG 4-20 MA ROSEMOUNT 1144 31 WNPSPT WTR INJ FLOW SOUTH OF U-2 0-150 INH2O 4-20 MA ROSEMOUNT 1151 32 WNPT-1 U-1 WTR INJ PRESSURE EAST SIDE U-1 0-600 PSIG 4-20 MA ROSEMOUNT 1151 33 WNPT-2 U-2 WTR INJ PRESSURE WESTSIDE U-2 0-600 PSIG 4-20 MA ROSEMOUNT 1151 34 L96COF CONDENSATE RETURN FLOW SOUTH SIDE OF CONTROL CAB 0-125 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AS5M5 35 96DAL DA LEVEL West Side of DA -69 to -9 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AM5S5 36 96CIP-1 U-1 COMPRESSOR INLET PRESSURE U-1 TURBINE COMPARTMENT 0-8 INH20 4-20 MA FOXBORO 37 96CIP-2 U-2 COMPRESSOR INLET PRESSURE U-2 TURBINE COMPARTMENT 0-8 INH20 4-20 MA FOXBORO 38 L96STP-PA MAIN HEADER PRESSURE PIPE RACK BY CONTROL CAB (UP High) 0-250 PSIG 4-20 MA ROSEMOUNT 3051 39 96STF-PA MAIN STEAM FLOW (UNCORRECTED) PIPE RACK BY CONTROL CAB (UP High) 0-142 INH2O 4-20 MA ROSEMOUNT 3051CD2A02A1AM5S5 40 96STP-1 U-1 DRUM PRESSURE BY U-1 STEAM DRUM 0-250 PSIG 4-20 MA BAILEY 30 series 41 96STP-2 U-2 DRUM PRESSURE BY U-2 STEAM DRUM 0-250 PSIG 4-20 MA BAILEY 30 series 42 96IAP-1 U-1 AIR PRESSURE ON TOP OF U-1 HRSG DUCTING 0-150 PSIG 4-20 MA BAILEY 30 series 43 96IAP-2 U-2 AIR PRESSURE ON TOP OF U-2 HRSG DUCTING 0-150 PSIG 4-20 MA BAILEY 30 series 44 96DAP DA PRESSURE DA INSTRUMENT PANEL BETWEEN UNITS 0-20 PSIG 4-20 MA BAILEY 30 series 45 96FWP FEEDWATER PRESSURE DA INSTRUMENT PANEL BETWEEN UNITS 0-350 PSIG 4-20 MA BAILEY 30 series APPENDIX A1 - COGEN TRANSMITTERS LIST
Agreement with Rosemount Inc./Appendix A1 -Cogen Transmitter Calibration Lists
# ID NUMBER DESCRIPTION LOCATION CALIB RANGE MANUFACTURER MODEL 1 63QDPFH-1 U-1 OIL FILTER D/P SWITCH U-1 TURBINE COMPARTMENT 20 PSI INCREASING 2 63QDPFH-2 U-2 OIL FILTER D/P SWITCH U-2 TURBINE COMPARTMENT 20 PSI INCREASING 3 63QPGLL-1 U-1 GENERATOR OIL PRESSURE LOW TRIP U-1 TURBINE COMPARTMENT 10 PSI DECREASING BARKSDALE D2H-A80SS 4 63QPGLL-2 U-2 GENERATOR OIL PRESSURE LOW TRIP U-2 TURBINE COMPARTMENT 10 PSI DECREASING BARKSDALE D2H-A80 5 63QPRGLL-1 U-1 REDUCTION GEAR OIL PRESSURE LOW TRIP U-1 TURBINE COMPARTMENT 15 PSI DECREASING ALLEN BRADLEY BULLETIN 836 6 63QPRGLL-2 U-2 REDUCTION GEAR OIL PRESSURE LOW TRIP U-2 TURBINE COMPARTMENT 15 PSI DECREASING ALLEN BRADLEY BULLETIN 836 7 63QPTL-1 U-1 TURBINE OIL PSI LOW ALARM U-1 TURBINE COMPARTMENT 40 PSI DECREASING BARKSDALE D2H-A80 8 63QPTL-2 U-2 TURBINE OIL PSI LOW ALARM U-2 TURBINE COMPARTMENT 40 PSI DECREASING BARKSDALE D2H-A80 9 63QPTLL-1 U-1 TURBINE OIL PSI LOW LOW TRIP U-1 TURBINE COMPARTMENT 20 PSI DECREASING BARKSDALE D2H-A80 10 63QPTLL-2 U-2 TURBINE OIL PSI LOW LOW TRIP U-2 TURBINE COMPARTMENT 20 PSI DECREASING BARKSDALE D2H-A80 11 WNLS DEMIN TANK LOW LEVEL SWITCH DEMIN TANK 119 INH2O INCREASING SOR 4NN-T2-SI-C1A 12 26QTHH-1 U-1 L/O HIGH TEMPERATURE TRIP U-1 TURBINE COMPARTMENT 150 DEGF INCREASING BARKSDALE T2H-M251-12-A 13 26QTHH-2 U-2 L/O HIGH TEMPERATURE TRIP U-2 TURBINE COMPARTMENT 150 DEGF INCREASING BARKSDALE T2H-M251-12-A APPENDIX A2 - COGEN SWITCH CALIBRATION LIST
Agreement with Rosemount Inc./Appendix A2 -Cogen Switch Calibration Lists
# ID NUMBER DESCRIPTION INPUT RANGE OUTPUT RANGE LOCATION MODEL NOTES 1 1SGA-FT-048 LP FW FLOW 0-100.0 INH2O 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 2 1SGA-LT-0029A HP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 3 1SGA-LT-0029B HP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 4 1SGA-LT-0042A LP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 5 1SGA-LT-0042B LP DRUM LEVEL -47.5 to -1.40 inH2O 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 6 1SGA-PDT-1 FLUE GAS DP 0-18.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 7 1SGA-PDT-11 HP EVAP 1 FLUE GAS DP 0-0.500 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 8 1SGA-PDT-14 SCR CATALYST FLUE GAS DP 0-4.500 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 9 1SGA-PDT-16 HP EVAP 2 FLUE GAS DP 0-0.700 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 10 1SGA-PDT-17 HP EVAP 3 FLUE GAS DP 0-0.700 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 11 1SGA-PDT-19 LP SUPERHTR FLUE GAS DP 0-0.200 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 12 1SGA-PDT-20 HP ECON FLUE GAS DP 0-0.900 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 13 1SGA-PDT-22 LP EVAP 1 FLUE GAS DP 0-.0.600 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 14 1SGA-PDT-23 LP EVAP 2 FLUE GAS DP 0-.0.600 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 15 1SGA-PDT-24 LP EVAP 3 FLUE GAS DP 0-.0.600 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 16 1SGA-PDT-26 LP ECON FLUE GAS DP 0-1.200 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 17 1SGA-PDT-4 DB FLUE GAS DP 0-0.500 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 18 1SGA-PDT-6 HP SUPERHTR 2 FLUE GAS DP 0-0.800 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 19 1SGA-PDT-7 HP SUPERHTR 1 FLUE GAS DP 0-0.500 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 20 1SGA-PDT-9 CO CATALYST FLUE GAS DP 0-3.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 21 1SGA-PT-0030A HP DRUM PRESSURE 0-1650 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 22 1SGA-PT-0030B HP DRUM PRESSURE 0-1650 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 23 1SGA-PT-0038A HP SUPERHTR 2 PRESSURE 0-1529.9 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 24 1SGA-PT-0038B HP SUPERHTR 2 PRESSURE 0-1529.9 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 25 1SGA-PT-003A DB INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 26 1SGA-PT-003B DB INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 27 1SGA-PT-0043A LP DRUM PRESSURE 0-220.00 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 28 1SGA-PT-0043B LP DRUM PRESSURE 0-220.00 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 29 1SGA-PT-52 LP SUPERHTR FLUE OUTLET PRESSURE 0-175.00 PSI 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 30 1SGA-PT-10A HP EVAP 1 INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 31 1SGA-PT-10B HP EVAP 1 INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 32 1SGA-PT-13A SCR CATALYST INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 33 1SGA-PT-13B SCR CATALYST INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 34 1SGA-PT-15A HP EVAP 2 INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 35 1SGA-PT-15B HP EVAP 2 INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 36 1SGA-PT-18A LP SUPERHTR INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 37 1SGA-PT-18B LP SUPERHTR INLET FLUE GAS PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 38 1SGA-PT-21A LP EVAP 1 FLUE GAS INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 39 1SGA-PT-21B LP EVAP 1 FLUE GAS INLET PRESSURE 0-25.00 INH20 4-20 MA DC UNIT 1 ATS BOILER ROSEMOUNT 3051 APPENDIX A3 - DVR OUTAGE MASTER INSTRUMENTATION LIST
Agreement with Rosemount Inc./Appendix A3 - DVR Outage Master Instrumentation List