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HomeMy WebLinkAbout06 APPROVAL OF CONSULTING SERVICES - SCADAAGENDA REPORT l MEETING DATE: FEBRUARY 16, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER Agenda Item 6 Reviewed: City Manager Finance Director FROM: DOUGLAS S. STACK, ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR SCADA SYSTEM UPGRADE FOR THE WATER SERVICES DIVISION SUMMARY Approval of Consultant Services Agreement will provide professional consulting services for upgrading the Water Services Division's Supervisory Control and Data Acquisition (SCADA) System. The current SCADA System was originally acquired in 1999. Many of the system's components including computers, programmable logic controllers and related equipment are now outdated and need to be brought to current standards. RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with Morrow- Meadows Corporation in the not to exceed amount of $101,513.00, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. FISCAL IMPACT Funding for the SCADA System upgrade has been included in the FY 2009-2010 Water Operations Budget (Account No. 70-452-9845). BACKGROUND The Water Services' SCADA System is an integral part of water operations. It continually monitors flows, pressures, reservoir levels and other important water system parameters on a 24/7/365 basis. The reliable operation of the SCADA system is essential to ensure the efficient and safe operation of the City's water system, and to notify personnel of significant water system events in a timely manner. The system was originally installed at Water Services' Main Street location in 1999, and relocated to the City's Maintenance Yard in 2001. DISCUSSION A request for proposal was prepared and issued on November 12, 2009 to the following three firms: DLT&V Systems Engineering, Morrow-Meadows Corporation, and Beavens Systems Incorporated. Proposals were received from all three firms. Each firms proposal was ranked according to their familiarity and experience with the work required, qualifications, references and responsiveness to proposal requirements. The sealed fee envelopes of the top two ranked firms were opened; the not-to-exceed fee amounts are as follows: Firm Rank Fee Morrow-Meadows Cor oration 1 $101,513 DLT&V Cor oration 2 $103,715 Beavens S stems Incor orated 3 --------- SCADA System Upgrade February 16, 2020 Page 2 Based upon their final ranking, it was determined that Morrow-Meadows Corporation is the most qualified and reasonable firm to provide the required services. Stack ctor of Public Works/City Engineer Attachment: Consultant Services Agreement ~~ Fred J. Adj~rian Water Services Manager Approval of CSA for SCADA System.docx .~ CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this _ day of 20_, by and between the CITY OF TUSTIN, a municipal corporation, hereafter referred to as "City", and Morrow-Meadows Corporation, a California Corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary professional services for upgrading the Water Services Division Supervisory Control and Data Acquisition (SCADA) system hereinafter referred to as "Project"; and WHEREAS, City has prepared a Request for Proposal (RFP) dated November 2009, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, in response to City's RFP, Consultant has submitted to City a proposal dated December 10, 2009, a copy of which is attached hereto marked as Exhibit "B" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services to City; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A" and Exhibit "B" in accordance with the terms and conditions of this Agreement. Section 2: Order of Precedence In the event of a conflict between or among any of the documents comprising this Agreement, the following order of precedence shall govern the provision in question: 1. This Agreement 2. City's Request for Proposal (Exhibit "A") 3. Consultant's Proposal (Exhibit "B") Section 3: Time for Completion The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section 4: Compensation A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "B", which shall not exceed a total cost of $101,513.00. B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social 2 security, income tax withholding, unemployment compensation, worker's compensation and similar matters. Section 6: Indemnification Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance A. Consultant shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $1,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within hve (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or with an equivalent carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. C. Consultant shall carry and pay for such workers' compensation insurance as is required to fully protect Consultant and its employees under California Workers Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as additional insured on the commercial general liability and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B-, VII (seven) or better, or from the State Compensation fund. (3) The insurance shall not be cancelled, except after thirty (30} days written prior notice to the City; and (4) The commercial general liability and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance and insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1)(3) and (4) of Section 7D above and the waiver of subrogation requirement in Section 7C above. If self- insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of Agreement A. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time or any reason by giving ten (10) business days written advance notice to the other party. B. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. C. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall within ten (10} business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notice Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, upon receipt requested, postage prepaid, addressed as follows: 4 To City: City of Tustin Attn.: Department Head 300 Centennial Way Tustin, CA 92780-3715 To Consultant: Morrow-Meadows Corporation Attn: Peter Matthews 665 Brea Canyon Road Walnut. CA 91789 Section 10: Miscellaneous Provisions A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D. Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. E. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application of such employment, because of race, religion, color, sex, or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by either party regarding this Agreement. 5 IN WITNESS WHEREOF, this Agreement was executed by the parties on the date and year first above written. "CITY" CITY OF TUSTIN By Title ATTEST: Pamela Stoker, City Clerk A~PROVED AS TO FORM: %'.r~ s (.~ ~~ C. H ,City Attorney "CONSULTANT" y Karen Price Title President 6 ELECTRICAUDATACOM CONTRACTORS AND ENGINEERS 231 Benton Court MORROW- City of Industry, CA 91789 MEADOWS Telephone 909.598.7700 Fax 909.598.3907 CORPORATION License No. 230813-C10 January 13, 2010 City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: Frederick J. Adjarian, Water Services Manager Subject: SCADA System Upgrade for Water Services Dear Mr. Adjarian: Morrow-Meadows Corporation has executed the Consultant Services Agreement for the above referenced project. In lieu of providing occurrence based professional liability insurance coverage as required by the Agreement, Morrow-Meadows Corporation warrants and represents that it shall maintain insurance coverage with the insurance company listed on the attachment, or with an equivalent carrier in the amounts indicated for at least five (5) years after the completion of the consulting services under the Agreement. Morrow-Meadows Corporation will provide the City with certificates of insurance coverage within the period established above in order to evidence compliance with this Agreement. Sincerely, Morrow-Meadows C rporation K ren Price ACCEPTED AND AGREED TO: Douglas S. Stack Acting Director of Public Works/City Engineer APPROVED A~-TO :' DpGglas MEMBER OF THE NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION Page 1 of 1