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ITEM 3.8 Purchase of monitoring equipment0 OtsTeg F o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Utilities Utility Manager, Kurt October 24, 2016 Neidermeier PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda Administrator, Lori Johnson 3.8 Finance Director Flaherty AGENDA ITEM DETAILS RECOMMENDATION: Approve procurement of digester monitoring equipment and acceptance of proposals from EIM and AE2S for the installation and programming of equipment. ARE YOU SEEKING APPROVAL OF A CONTRACT? No IS A PUBLIC HEARING REQUIRED? No BACKGROUND/JUSTIFICATION: Digester process monitoring equipment at the East Wastewater Treatment Facility would help to ensure a productive environment for our microorganisms to complete full solids digestion. A functional digester breaks down Waste Activated Sludge (WAS) leading to a reduction of volatile solids, pathogens, ammonia and odor potential. Monitoring components for successful digestion include dissolved oxygen (DO), pH and temperature. The digesters at the East WWTF do not maintain any of these tools. The equipment is currently installed in the digesters at the West Wastewater Treatment Facility as part of the current construction project. The included HACH proposal provides matching equipment — matching models for similar operations and maintenance. Operations staff has conducted readings of these various parameters to identify digester health; however a portable meter only provides a snapshot of immediate information. Operations and engineering provides recommendation these instruments are installed in each of the three digesters to provide continuous monitoring of DO, pH and temperature creating a full picture of process status. The information is trended and used for adjust the environment to provide the best treatment possible through aeration cycling, pH adjustments and temperature control. Discussion of these monitoring devices added to the East Facility digesters was included in the Wastewater Master Study Public meeting and Minnesota Pollution Control Agency response to odor complaints as a component of odor reduction. Quotes were received for the procurement of instruments, installation of equipment & electric services with communication to the SCADA system. Staff recommends purchasing the equipment for $16,844.00 to save tax and markup and accept the proposal from EIM of $16,000.00 and accept the instrumentation proposal from AE2S of $11,000.00 for a total project investment of $43,844.00. EIM has conducted work with the City on other projects and is completing electrical improvements at both wastewater facility locations currently. The Public Works Subcommittee reviewed the proposal at the October 18th meeting with recommendation of approval. SUPPORTING DOCUMENTS: (X) ATTACHED • Proposals; EIM, AE2S, HACH MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve procurement of digester monitoring equipment at the East Wastewater Treatment Facilitv and included proposals for installation and programming from EIM and AE2S. BUDGET INFORMATION FUNDING: BUDGETED: (X) No 602 — Sanitary Sewer Operating Budget PROPOSAL — Otsego, MN — East WWTF Digesters DO/pH Analyzers Date: Revised 9/19/16 Dear Kurt Neidermeier, Please consider the following proposal for the requested work to install DO/pH Analyzers at the East WWTF Digesters. Our scope of work is detailed as follows and as shown on attached sketch, plans and pictures. - Supply and install of Hach SC200, LDO Probe and pH Probe (no extension cables needed) one complete set per digester. Quote from Hach is included for reference. - It is our intent to enter the control room above the soffit, if this is not feasible after exploration an alternative route will be required and pricing will need to be evaluated. - Location of the SC200's will be at the tanks. - No winter excavation has been included in this proposal. - No programming, calibration or startup services are included in this proposal. Lump sum value for Digester #2 & 3 is $25,650.00. Lump sum value for Digester #1 is $8,600.00. Please review this proposal to confirm routing and inclusions are acceptable and let me know if you want us to move forward. Expiration of this proposal is 12/1/16. 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May need to install on the other side of the door if no access above soffit. 2-3/4" Conduits from underground to above soffit. wvvw. ae2s . corn October 10, 2016 KurtNeidermeier Utility Manager 13400 901" Street NE Otsego, MN 55330 RE; Letter Agreement Between Owner and Engineer East WWTF pH and DO Improvements Programming Services Agreement Otsego, MN Dear Mr. Neidermeier: Thank you for the opportunity to provide this Agreement for professional Instrumentation and Control (I&C) Services in association, with the Otsego Wastewater Treatment System. As you requested, we have prepared this Agreement to provide professional services for Supervisory Control and Data Acquisition (SCADA) programming and commissioning, as further described below, for the East Wastewater Treatment Facility in Otsego, MN. This is an Agreement between the OWNER and ENGINEER, effective upon approval of the OWNER for the Scope of.Services described herein. Scone of Services ENGINEER will perform the following professional services as authorized by OWNER. 1, Install two (2) analog input cards and perform necessary control panel modifications. 2. Provide control panel schematic associated with addition of analog input cards. 3. Perform programmable logic controller (PLC) programming associated with pH and DO monitoring for East WWTF as more frilly described by the Sequence of Operation. 4. Add pH and DO levels to operator interface terminal (OIT) within East WWTF. 5. Perform PLC programming associated with pH and DO messaging within Tower 2, East WWTF, and West WWTF. 6. Perform SCADA programming within East WWTF and West WWTF. 7. Add associated alarms to existing Win911 alarming software. 8. Startup and commissioning. Sequence of Operation 1. East WWTF pH and DO Improvements a. SCADA Monitoring i. Monitoring shall include real-time values and historical trending for Digesters 1, 2, and 3 pH and DO levels with the East and West WWTF SCADA 1. Associated alarming will be configured within the alarm paging system (Win911 software). i. Alarms will include the following: a. Digester I High pH, Digester 1 Low pH, Digester I High DO, Digester 1 Low DO, Digester 2 High pH, Digester 2 Low pH, Digester 2 High DO, Digester 2 Low DO, Digester 3 High pH, Digester 3 Low pH, Digester 3 High DO, and Digester 3 Low DO. Advanced hnyineeving and Enuironmental Services, Inc. Water Tower Place Business Center o 6901 East Fish Lake Road Suite 184 0 Maple Grove, MN 55369 0 (t)763-463-5036 o (f)763-463-5037 Responsibilities of OWNER 1. Provide access to the associated sites. 2. Provide two (2) salvaged analog input cards. Proposed Professional Fees ENGINEER proposes to complete the Scope of Services within this Supplemental Agreement on an hourly and not to exceed basis. A breakdown of the estimated costs for the Scope of Services is as follows: 1. PLC programming (East WWTF) 6 hours 2. Panelview programming (East WWTF). 4 hours 3. PLC messaging programming (Tower 2, East WWTF, West WWTF). 10 hours 4. SCADA programming (East WWTF, West WWTF). 14 hours 5. Alarming within Win9l l software (East WWTF). 2 hours 6. Startup and commissioning. 4 hours Total Professional Services $6,000.00 Reimbursables (Mileage, etc) $500.0n Panel Modifications/Drawings (Subcontractor) $4,500.00 Combined Total $11,000.00 Anticipated Times for Rendering Seivice ENGINEER proposes the following timeline for performance of the above stated tasks: 1. Dependent upon project schedule. Any delays due to equipment and/or software availability shall result in a corresponding adjustment to the proposed schedule. Page 2 of 3 (Letter Agreement) Acceptance Should this proposal satisfactorily establish the Scope of Services desired, and you approve the Terms and Conditions of the Agreement, please sign and date both copies of this proposal in the space provided. Retain one (1) copy for your records and return the other to AE2S. Receipt of a fully executed Agreement will serve as our Notice to Proceed. Thank you again for the continued opportunity to provide professional services to the City of Otsego, MN. We look forward to working with you, and we are confident our experience and expertise will provide value to your facility. Sincerely, Accepted this day of , 20_ AE2S City of Otsego, MN By. Allen Dostall Title: I&C Technician, AE2S Grant L. Meyer, PE Client Program Leader, AE2S Page 3 of 3 (Letter Agreement) This is EXHIBITA, consisting offrve (5) pages, referred to in and part of the Agreement beween 00) of Otsego, MN and -MS for- I&C Professional Services dated October loth, 2016. Standard Terms and Condition The Agreement is amended and supplemented to include the following agreement of the parties: 1. Standard of Care a. The standard of care for all professional services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 2. Independent Contractor a. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. Nothing ` contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER. ENGINEER's services under this Agreement are being performed solely for OWNER's benefit, and no other entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. OWNER agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of this paragraph. 3. Payments to ENGINEER a. Invoices will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER monthly, unless otherwise agreed. Invoices are due and payable within 30 days of receipt. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER's invoice therefore, the amounts due ENGINEER will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses, and other related charges. 4. Insurance a. ENGINEER will maintain insurance coverage for Workers' Compensation, General Liability, and Automobile Liability and will provide certificates of insurance to OWNER upon request. 5. Indemnification and Allocation of Risk a. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, OWNER's officers, directors, partners, and employees from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of ENGINEER or ENGINBER's officers, directors, partners, employees, and consultants in the performance of ENGINEER's services under this Agreement. b. To the fidlest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, ENGINEER's officers, directors, partners, employees, and consultants from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees, and consultants with respect to this Agreement. Page 1 of 5 (Exhibit A — Standard Terms and Conditions) This is EXHIBITA, consisting offrve (5) pages, refereed to in and part of the Agreement between City of Otsego, AN and AMS for MC Professional Services dated October 10th, 2016. c. To the fullest extent permitted by law, ENGINEER's total liability to OWNER and anyone claiming by, through, or under OWNER for any injuries, losses, damages and expenses caused in part by the negligence of ENGINEER and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that ENGINEER's negligence bears to the total negligence of OWNER, ENGINEER, and all other negligent entities and individuals. d. In addition to the indemnity provided under Paragraph 5.b. of this Exhibit, and to the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's officers, directors, partners, employees, and consultants from and against injuries, losses, damages and expenses (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or: other disputes resolution costs) caused by, arising out of, or resulting from Hazardous Environmental Condition, provided that (i) any such injuries, losses, damages and expenses are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and (ii) nothing in this Paragraph 5A shall obligate OWNER to indemnify any individual or entity to the extent of that individual or entity's own negligence or willful misconduct. e. The indemnification provision of Paragraph 5.a. is subject to and limited by the provisions agreed to by OWNER and ENGINEER in Paragraph 6, "Limit of Liability," of this Agreement. 6. Limit of Liability. a. Notwithstanding any other provision of this agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of ENGINEER and ENGINEER's officers, directors, partners, employees, agents, and ENGINEER's Consultants, and any of them, to OWNER and anyone claiming by, through, or under OWNER for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of ENGINEER or ENGINEER's officers, directors, partners, employees, agents, and ENGINEER's Consultants, or any of them (hereafter "OWNER's Claims"); shall not exceed the total insurance proceeds paid on behalf of or to ENGINEER by ENGINEER's insurers in settlement or satisfaction of OWNER's Claims under the terms and conditions of the ENGINEER's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). 7. Dispute Resolution. Not Used. 8. Termination of Contract a. Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, OWNER shall pay to ENGINEER all amounts owing to ENGINEER under this Agreement, for all work performed up to the effective date of termination, plus reasonable termination costs. Page 2 of 5 (Exhibit A — Standard Terms and Conditions) This is EXHIBITA, consisting offive (5) pages, referred to in and part of the Agreement between City of Otsego, IvN and AE2S for I&C Professional Services dated October 10th, 2016 9. Access a. OWNER shall arrange for safe access to and make all provisions for ENGINEER and ENGINEER'S Consultants to enter upon public and private property as required for ENGINEER to perform services under this Agreement. 10, Hazardous Environmental Conditions a. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a "Hazardous Environmental Condition," i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Assignment. In the event ENGINEER or any other party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Assignment affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the site is in full compliance with applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the site in connection with ENGINEER's activities under this Agreement. 11. Patents a. ENGINEER shall not conduct patent searches in connection with its services under this Agreement and assumes no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement shall be construed as a warranty or representation that anything made, used, or sold arising out of the services performed under this Agreement will be fi•ee fiom infringement of patents or copyrights. 12. Ownership and Reuse of Documents a. All documents prepared or furnished by ENGINEER pursuant to this Agreement are the property of the CLIENT. Reuse of any such documents by CLIENT shall be at CLIENT's sole risk; and CLIENT agrees to indemnify, and hold ENGINEER harmless fi•om all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by CLIENT or by others acting through CLIENT. 13. Use of Electronic Media a.: Copies of Documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to CLIENT are only for convenience of CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. b. When transferring documents in electronic media format, ENGINEER makes no representations as to long-term compatibility, usability, or readability of documents resulting fiom the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of this Assignment. c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. Page 3 of 5 (Exhibit A — Standard Terms and Conditions) Tiris is EXHIBITA, consisting offrve (S) pages, referred to in and part of the Agreement between City of Otsego, AM and AE2S for I&C Professional Services dated October 10th, 2016 d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER. 14. Opinions of Total Project Costs a. Total Project Costs are the sum of the probable evaluation cost, allowances for contingencies, the estimated total costs of services of ENGINEER or other design professionals and consultants, cost of land, rights -of -way, or compensation for damages to properties, and OWNER's costs for legal, accounting, insurance counseling or auditing services, and interest and financing charges incurred in connection with a proposed project, and the cost of other services to be provided by others to OWNER pursuant to this Agreement. b. ENGINEER assumes no responsibility for the accuracy of opinions of Total Project Costs. 16 Force Majeure a. ENGINEER shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond ENGINEER's reasonable control. 17. Assignment a. Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 18. Binding Effect a. This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 19. Severability and Waiver of Provisions a. Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non -enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 20. Survival a. All express representations, indemnifications, or limitations of liability included in this Agreement will survive its completion or termination for any reason. 21. Headings a. The headings used in this Agreement are for general reference only and do not have special significance. 22. Controlling Law a. This Agreement is to be governed by the Iaw of the State of Minnesota. Page 4 of 5 (Exhibit A — Standard Terms and Conditions) This is EMIMITA, consisting offive (S) pClges, referred to in and part of the Agreement betiveen City of Otsego, AN and AE2S for I&C Professional Services dated October 10th, 2016. 23. Notices a. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. Page 5 of 5 (Exhibit A — Standard Terms and Conditions) 0 Be Right"" Quote Number: 100193254v2 Use quote number at time of order to ensure that you receive prices quoted Quote Date:09/16/2016 City Of Otsego W WTP Name: Nevin Fenstermacher Phone: (218) 546-3027 Email: nevin.fenstermacher@eimcompany.us Quote Expiration: 11/15/2016 Sales Contact: Michael Savelli Email: msavelli@hach.com Phone: 800-227-4224 796001 CABLE ASSY, 7.7M PROBE EXTENSION For Class 1 Div II applications 796101 CABLE ASSY, 15M PROBE EXTENSION 796201 CABLE ASSY, 31M PROBE EXTENSION 020000-C1D2 CLASS 1 DIV 2 VERSION OF LDO 120500 Digital Gateway (does not include an extension cable to the sc100,1 will need to order one separately) for pHD Analog Sensors 334600 KIT, NETWORK MODULE, POWERED 4-20mA OUTPUT, sc200, HACH 7 PDiPi IpHD, Differential pH Sensor, PEEK Body Materja[,Convertible Body StyleGeneral Purpose Glass Electrode, 105 °C (203 °F) Maximum Temperature J L.00552 Freight: Ground Prepay and Add CONTROLLER, 100-240V, 2 DIG CONN, UL, HACH Quotation Hach PO Box 608 Loveland, CO 80539-0608 Phone: (800) 227-4224 Email: quotes@hach.com Website: www.hach.com 0 466.00 0 821.00 0 841.00 0 3 2,043.00 $6129 3 151.00 $453 3 335.00 $2481 827.00 3 2,072.00 $6216 r Ship=$560 - Tax=$1150 Total= $17,994 FCA: Hach's facility All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms & Conditions of Sale ("Hach TCS"), Incorporated herein by reference and published on Hach Company's webslte at www.hach.com/terms. Hach TCS are contained directly and/or by reference In Hach's offer, order acknowledgment, and Invoice documents. The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale "Contract" In accordance with the Hach TCS: (1) Buyer's issuance of a purchase order document against Hach's offer; (ii) acknowledgement of Buyer's order by Hach; or (Ili) commencement of any performance by Hach pursuant to Buyer's order. Provisions contained In Buyer's purchase documents (Including electronic commerce interfaces) that materially alter, add to or subtract from the provisions of the Hach TCS are not part of the Contract. Due to International regulations, a U.S. Department of Commerce Export License may be required. Hach reserves the right to approve specific shipping agents. Wooden boxes suitable for ocean shipment are extra. Specify final destination to ensure proper documentation and packing suitable for International transport. In addition, Hach may require : 1). A statement of Intended end -use; 2).Certification that the Intended end -use does not relate to proliferation of weapons of mass destruction (prohibited nuclear end use, chemical 1 biological weapons, missile technology); and 3). Certification that the goods will not be diverted contrary to U.S. law. ORDERTERMS: Terms are Subject to Credit Review Please reference the quotation number on your purchase order. Sales tax Is not included. Applicable sales tax will be added to the Invoice based on the U.S, destination, If applicable provide a resalelexemptlon certificate. Shipments will be prepaid and added to invoices unless otherwise specified. Equipment quoted operates with standard U.S. supply voltage. Hach standard terms and conditions apply to all sales. Additional terms and conditions apply to orders for service partnerships. Page I of 2