HomeMy WebLinkAboutContracts & Agreements_238-2018 Ps-1 1(9,'1 1.18)
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional engineering services to complete
supervisory control and data acquisition (SCADA) design and integration ("Agreement l is
made and entered in this 18th day of December, 2018 ("Effective Date'), by and between the
City of Redlands a municipal corporation ("City)" and Tesco Controls, Inc ("Consultant') City
and Consultant are sometimes individually referred to herein as a "Parry" and, together, as the
"Parties " In consideration of the mutual promises contained herein. City and Consultant agree as
follows
ARTICLE 1 —ENGAGEMENT OF CONSULTANT
1 1 City hereby engages Consultant to provide professional engineering services to complete
supervisory control and data acquisition (SCADA) design and integration services for
City (the "Services"}
12 The Services shall be perforined by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services
ARTICLE 2—SERVICES OF CONSULTANT
2 1 The Services that Consultant shall perform are more particularly described in Exhibit
`A," entitled "Scope of Services" which is attached hereto and incorporated herein by
reference
22 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement nacluding, but not limited to, State prevailing ,vage
laws
ARTICLE 3—RESPONSIBILITIES OF CITY
3 1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services
32 City designates Paul Toor, Municipal Utilmes and Engineering Department Director, as
City's representative with respect to performance of the Services, and such person shall
have the authority to transmit instructions, receive information, interpret and define
City's policies and decisions with respect to performance of the Services
ARTICLE 4—PERFORMANCE OF SERVICES
41 Consultant shall perform and complete the Services in a prompt and dkgent nianner in
accordance with the schedule set forth in Exhibit `B," entitled "Project Schedule," which
is attached hereto and incorporated herein by reference
1
Ps-1 1(911]118)
42 The term of this Agreement shall be for a period of two (2) years conmmneing as of the
Effective Date, unless terminated earlier as provided herein
43 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same It shall be the obligation of Consultant to
obtain a copy of such policy from City staff
ARTICLE 5—PAYMENTS TO CONSULTANT
5 1 Total compensation for Consultant's performance of the Services shall be in the amount
of three hundred and three thousand four hundred and thirty four dollars ($303 434)
City shall pay Consultant in accordance with Exhibit "C, ' entitled "Cost Proposal,"
attached hereto and incorporated herein by reference
52 Consultant shall subunit monthly invoices to City describing the Services performed
during the preceding mond-L Consultant's invoices shall include a brief description of the
Services performed the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the Services City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice
53 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date
of delivery in person, (n) five (5) days after deposit in first class registered mail, with
return receipt requested, (nil) on the actual delivery date if deposited with an overnight
courier or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail, in each case
properly posted and fifily prepaid to the appropriate address set ford-i below, or such other
address as a Party may provide notice in accordance with this section_
Chit Consultant
City Clerk Delven Dial Sales Manager
City of Redlands Tesco Controls, Inc
35 Cajon Street 8440 Florin Road, Sacramento, CA 95829
P O Box 3005 (mailing) ddia cr tescocontrols co
Redlands, CA 92373 (916) 395-8800
ARTICLE 6—INSURANCE AND INDEMNII;`ICATION
6 1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services Consultant shall not
perform any Services unless and until the required insurance listed below is obtained by
Consultant Consultant shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services Insurance policies
P5-1 1(9/1 PIS)
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City
A Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws
of the State of California Consultant shall execute and provide City with Exhibit "M
entitled 'Workers' Compensation Insurance Certification," which is attached hereto
and incorporated herein by this reference prior to perfornnaince of the Services
B Comprehenswe General Liability insurance with carvers acceptable to City in the
nuniniim amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2 000 000) aggregate, for public liability property daniage and
personal qury is recliured City shall be mimed as an additional insured and such
insurance shall be primary and non-contributing to airy insurance or self-rrsurance
maintained by City
C Business Auto Liability coverage, with initurnum fruits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability `nus coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of tine Services. hired and non-owned
vehicles, and employee non-ownership vehicles City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City
62 Consultant shall defend indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, ansmg from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the wl U misconduct of Consultant, or its
officers, employees and agents in performing the Senices
ARTICLE 7—CONFLICTS OF INTEREST
7 1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any rriannei or
degree by the performance of Consultant's Services Consultant flu-flier covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement
72 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant
A Does not make a governmental decision whether to
() approve a rate, rule or regulation, or adopt or enforce a City law
3
i'S-1 1(91,11 18)
(u) issue, deny, suspend or revoke any City permit, heense, application,
certification, approval, order or similar authorization or entitlement,
(m) authorize City to enter into, modify or renew a contract,
(iv) grant City approval to a contract that requires City approval and to Nviuch
City is a party, or to the specifications for such a contract,
(v) grant City approval to a plan, design, report, study or snlnilar item,
(vi) adopt, or grant City approval of policies, standards or guidelines for City
or for any subdivision thereof
B Does not serve in a staff capacity with City and in that capacity participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City s Conflict of Interest Code under Governinent
Code section 87302
73 In the event City deterin mes that Consultant inust disclose its financial interests,
Consultant shall complete and file a Fan Political Practices Commission Form 700
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk
ARTICLE 8—GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
retie£ be entitled to the recovery of its reasonable attorneys' fees including fees for the
use of in-house counsel by a Party
82 Consultant shall not assign any of the Services, except with the prior written approval of
City and n1 strict compliance with the terms and conditions of this Agreement Any
assignment or attempted assivm-nent without such prior written consent may, in the sole
discretion of City, result in City's irmiediate termination of this Agreement
83 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth. Consultant shall supply all necessary toots and instrumentalities required to
perform the Services Assigned personnel employed by Consultant are for its accowit
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account o� or on behalf of City Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or nnphed, to
bind City to any obligation
84 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to tennunate If this
Agreenient is tenumted by City, an adjustment to Consultant's compeinsation shall be
4
PS-1 1(M I/18)
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant at the time of termmatlon may be adjusted to the
extent of any additional costs to City occasioned by any default by Consultant Upon
receipt of a termination notice, Consultant shall urmiedjately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City copies (m both hard copy and electrotnc form, where
applicable) of project related data, design calculations, drawings specifications, reports,
estimates, sumnm nes and such other information and materials as may have been
accumulated by Consultant in performing the Services Consultant shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
85 Consultant shall maintain books ledgers nivoices, accounts and other records and
documents evidencing costs and expenses related to the Sen-ices for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement Such books shall be available at reasonable tmies
for exammation by City at the office of Consultant
8 6 Tlvs Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any pno> negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement Except as otherwise provided for hereon, any
amendment to tivs Agreement shall be in wTitmg, approved by City and signed by City
and Consultant
87 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
88 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared mvahld, -votd or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of dos Agreement
and shall not affect, impair or mvandate the remaining sentences, clauses, paragraphs or
sections contained herein, runless to do so would deprive a Party of a material benefit of
its bargain under this Agreement
5
PS1 1(9/1 b 18)
IN WITNESS WHEREOF, duly authonzed representatives of City and Consultant have signed
in confirmation of this Agreement
CITY OF REDLANDS Tesco Controls, Inc
By B
ayor, City of Redlands Delven Diaz, Sa4 Manager
Attest
J e Donaldson, bty Clerk
6
pS l l(9"1 i 18)
EXH[BIT "A"
SCOPE OF SERVICES
Consultant shall perform the following scope of work
TASK I —INVESTIGATION
I Plan Review
A Review all existing plans and record drawings to familiarize die design team with
what has been designed, proposed and completed
B Review AutoCAD files for consistency with PDF plaits and field conditions
AutoCAD files will be provided to the successful Consultant for all sheets shown
within Attachments B&C to assist with plan update
2 Field Review
A Conduct field review of each proposed site to investigate
a Changes to field conditions since ongunal design,
b If proposed design is consistent with industry best practices
c Comniunication methodology,
d Integration work completed to date,
e Evaluate mteroperability of system, and
£ If additional site improvements are needed to meet current operational
needs
B Conduct field review of the 9 sites installed within Phase I to investigate
a Improvements made are consistent with record drawings,
b If system is consistent with industry best practices
c Communication methodology,
d Evaluate i nteroperability of system and
e If additional site mnprovements are needed
C Complete radio survey for each site to ensure accuracy of existing or proposed
conirriunicatio n.
D Arrange a meeting with ctirrent software provider to discuss current fee structure
E Prepare a report of the results from the Investigation This report shall provide a
summary of the review, noted deficiencies, required revisions and optional
reconiriendations from both the design and integration standpoints
F Hold a meeting to review report with City staff to review deficiencies and
recommendations prior to proceeding with Task 2 Prepare and provide rmiutes
from the review meeting
7
PS-11(9111,18)
TASK 2—DESIGN UPDATE/COMPLETION
1 Plan & Specification Update
A Consultant shall review the existing plans and specifications and ensure the
following items meet current technology standards and industry best practices
Communication methodology,
r Control hardware,
System security
Software and computer hardware,
Evaluate interoperability of system,
Control narrative, existing and proposed
r Coordinate with. City Demand Response Provider, and
Compliance with current codes
B Complete updates to plaits, specifications, and estimates at levels of completion of
approximately 60%, 90%, and 100% (Mylai) The City will provide review
contents at the 60% and 90% design stage It is expected that 100% plans will be
complete
C City of Redlands will provide boilerplate specifications for use by Consultant to
create hill set of specifications
D Consultant shall hold design workshops at each submittal milestone
E At the 90% submittal, Consultant shall hold a Constructability Workshop with all
relevant City staff`
F Consultant shall provide all plans, specifications and estimates in electronic format
(AutoCAD, word, excel, etc) on DVD
TASK 3—BIDDING SERVICES
1 Bidding Services
A Respond to Requests for Information (RFIs) during the project advertisement
period, and log questions and responses All communication shall be directed to
the City for issuance to the bidders at no tune shall the Consultant respond directly
to bidders
B Prepare addenda as necessary with coordination and issuance by the City
TASK 4—CONSTRUCTION SUPPORT SERVICES
Consultant shall provide construction support servlees for implementation of the construction
project following completion of Task 3 The scope of the construction project shall entail the 14
sites aforementioned in the Introduction of the RFP The construction support services shall
include, but not be limited to
8
Ps-1 1(gn 1.1s)
1 Preconstructlon Meeting
a Consultant shall attend the pre-construction meeting to answer questions from
contractor and provide list of required shop drawings and submittals
2 Submittal Review
a Consultant shall complete all required submittal review utullang current City
process
3 Change Orders
a Consultant shall assist the City Project Manager in all change order
preparation, review, and analysis
4 Record Drawings
a Within sixty days following the completion and acceptance of the project,
fmush City with a complete set of revised original tracings showing as-built
conditions Revisions will be solely based on as-built information provided by
the Clys Project Manager, Consultant inspection staff and the Contractor
Record drawings shall be prepared electronically utilizing conformed plans and
subnnrtted in electronic version m PDF
TASK S—SCADA SYSTEM INTEGRATION
Working with the City procured construction contractor and City operations staZ the Consultant
shall complete the following items during or after construction
1 Startup and testing of the expanded SCADA system followmg construction,
2 Software programming and integration,
3 PLC and additional hardivare programming,
4 Network configuration,
5 Work with operations staff to customize mterface as necessary,
6 Provide training on the SCADA and PLC equ ipnwnt supplied as a part of this project,
7 Provide software program documentation for project including backup copies of
Applications (SCADA, PLCs, and OITs), PLC software program descriptions, 1I0
listings, comnyntedlannotated code and source program files,
8 O&M Manual in electronic PDF format, and
9 All additional tasks to snake expanded SCADA system operational
Task 5 scope of work pertains to the anticipated first phase of construction, listed as follows
1 Agate Boostei Puunnp Station,
2 Dearborn Reservoir,
3 Arroyo Reservoir,
4 Crafton Reservoir,
5 Fifth Avenue Reservoir,
6 Margarita Reservoir
7 Sand Canvon Reservoir
9
PSI 1(9111,18)
8 South Avenue Reservoir,
9 Smiley Reservoir
10 Texas Street Pumping Plant,
11 Ward Way Reservoir,
12 Ford &Redlands Boulevard,
13 North Orange Street Well 1, and
14 North Orange Street Well 2
The Consultant shall provide a 5 year warranty for all semces included within Task 5 to
commence upon the filing of the Notice of Completion for the subject construction project This
warranty shall provide 24 hour a day 365 days a year support using both an on-site presence and
remote access capabilities to assist operations staff with any complication that they have with the
expanded system
10
ps-I 1(9"1 1:18)
EXIHBIT "BI?
PROJECT SCHEDULE
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EXIMIT "C11
COST PROPOSAL
City of Redlands Ra-:;,€nn vale 1:o -l.,10:3
Supervisory Control and Data Acquisition]SCADA) Design&Integration Services ee!e:ante= 131911 Uo2
Preparrd ey oc:irrt II=a,
W65&Estimate WoTksheet
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, 00
PSI 1(911 r1g)
EXtUBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
(a) By being insured against habIty to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self tsure either as an individual employer, or as one employer in a group of
employers, which may be given upon fmushung proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before cominenncmg the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861).
I affirm that at all times, in perfortnnng the work and activities required or permitted under
this Agreement, I shall not employ any person nz any manner such that I become subject to the
Workers' Con-Vensation laws of California However, at any time, if I employ any person such
that I become subject to the Workers' Compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-unsure, or a certification of Workers'
Compensation Insurance
I certify under penalty of perjury under the laws of the State of California. that the nnfonnation
and representations made in this certificate are true and correct.
Tesco Controls, Inc Date l Z / �6
By, r -- —
Delven Diaz, S s Manager
15