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HomeMy WebLinkAboutDLT&V Systems Engineering, Inc. - 2009-03-02Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑Denied `City erk' Signature Council Meeting Date: 3/2/2009 Department ID Number: PW 09-08 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS I Ira SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRA PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR PUBL WORKS SUBJECT: Approve As -Needed Engineering Services Agreement for the Water and Wastewater SCADA System Between DLT&V Systems Engineering, Inc. and the City of Huntington Beach Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Public Works Utilities Division requires professional engineering services on an as -needed basis for design and programming of the Supervisory Control and Data Acquisition (SCADA) system. Funding Source: The fiscal year 2008/09 budget provides $270,000 in Water Fund Telemetry, Account No. 50691003.82100 ($220,000) and the Sewer Service Fund, Telemetry, Account No. 51191003.82600 ($50,000). Funding for subsequent years of the three-year agreement will be submitted for City Council approval as part of the annual budget process. The contract is for a three-year period for a not -to -exceed amount of $900,000. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and DLT&V Systems Engineering, Inc., for as -needed Engineering Services for Water and Wastewater SCADA System. Alternative Action(s): Do not approve the agreement and instruct staff on how to proceed. I MEETING DATE: 3/2/2009 DEPARTMENT ID NUMBER: PW 09-08 Analysis: A Supervisory Control and Data Acquisition (SCADA) system is employed by the Public Works Utilities Division to remotely monitor and control water production, sewer lift station) and flood control station facilities. Most importantly, the SCADA system provides alarms in the event of security system activation or equipment failure. Beginning in 1999, the Utilities (Water) Division began the task of upgrading the water and flood control SCADA systems to a PC based platform. By 2000, the system was installed and operational. In 2005, the position of SCADA Coordinator was created and in 2006, a Technician position was reclassified so two full-time positions now are dedicated to operating and maintaining the SCADA system. At that time, staff began work on upgrading the wastewater system to the same platform as that used by water and flood. These upgrades, as well as updates to the water SCADA system, are ongoing. A Request for Proposals was issued in December 2008 for as -needed programming and engineering services related to managing and maintaining the water and wastewater SCADA systems. A number of proposals were received and reviewed. DLT&V Systems Engineering, Inc., of Irvine has worked on the recent upgrades and is very familiar with the system. Services under the three-year agreement will include design assistance with SCADA system reports and programming; ongoing security updates and periodic security audits; SCADA system functional upgrades; ongoing equipment optimization, monitoring and maintenance; and guidance regarding software upgrades. The contract is for a three-year period for a not -to -exceed amount of $900,000. Between the Water and Sewer Service Funds, $270,000 is budgeted for the current fiscal year. Strategic Plan Goal: C-2 - Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Public Works Commission Action: Not applicable. Environmental Status: Not applicable. Attachment(s): Professional Services Contract between the City of Huntington Beach and DLT&V Systems Engineering, Inc. As -needed Engineering Services for Water and Wastewater SCADA System. -2- 2/12/2009 12:46 PM PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLT&V SYSTEMS ENGINEERING AS NEEDED ENGINEERING SERVICES FOR WATER AND WASTEWATER SCADA SYSTEM THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and DLT&V, an Arizona corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide engineering services on an "as needed" basis for water and wastewater SCADA system; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide, on an "as -needed" basis, engineering services such as the itemized tasks set forth in Exhibit "A," which is attached hereto and incorporated by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." All engineering services shall, prior to the commencement of any work, be set forth in a written Scope of Work to be provided by CITY in advance of each PROJECT. CONSULTANT hereby designates Gene Heyer, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 09-1963/30287 1 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ,9f , 20(the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in the Scope of Services shall be completed no later than three (3) years from the Commencement Date; however, if any tasks are not completed three (3) years . from the Commencement Date, the parties may mutually agree to extend this Agreement for such time as is necessary to Complete such tasks. In no event shall this Agreement be extended more than two (2) additional years from the original termination date. The time for performance of the tasks identified in the Scope of Services are generally to be shown in the Scope of Services. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the date of final execution, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit ">B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Nine Hundred Thousand Dollars ($900,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in the Scope of Services or changes in the scope of services described in the Scope of Services CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 09-1963/30287 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligence, recklessness or willful misconduct related to performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense, and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies 09-1963/30287 3 are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall famish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; 09-1963/30287 4 B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 09-1963/30287 5 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: 09-1963/30287 6 TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: DLT&V Systems Engineering Attn: Gene Heyer 20 Fairbanks, Suite 174 Irvine, CA 92618 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 09-1963/30287 7 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 09-1963/30287 8 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 09-1963/30287 9 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on / ' l/�i\ � Opn, 20 09 DLT&V Systems Engineering, an Arizona corporation By7— Brian A! Downing, President 3::> AND B y: (�� CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Californi "Mayor ity Clerk6�09� Chrnst"'r er-�yrtlnh, C:h of Financial Of-reer INITIATED AND APPROVED: j Director Public W rks REVIEWEDNJ APPROVED AS TO CONTENT• , /// APPROVED AS TO FORM: t OK'(�v-City A torney III C 1 I 1 t'Z�'toCr 09-1963/30287 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLT&V SYSTEMS ENGINEERING AS NEEDED ENGINEERING SERVICES FOR WATER AND WASTEWATER SCADA SYSTEM Table of Contents Scopeof Services.................................................................................................... 1 CityStaff Assistance............................................................................................... 2 Term; Time of Performance.................................................................................... 2 Compensation.......................................................................................................... 2 ExtraWork.............................................................................................................. 2 Methodof Payment................................................................................................. 3 Disposition of Plans, Estimates and Other Documents ........................................... 3 HoldHarmless......................................................................................................... 3 Professional Liability Insurance.............................................................................4 Certificateof Insurance........................................................................................... 5 Independent Contractor........................................................................................... 6 Termination of Agreement...................................................................................... 6 Assignment and Delegation..................................................................................... 6 Copyrights/Patents.................................................................................................. 7 City Employees and Officials................................................................................. 7 Notices.........................................................................................7 Consent.................................................................................................................... 8 Modification............................................................................................................ 8 SectionHeadings..................................................................................................... 8 Interpretation of this Agreement............................................................................. 8 DuplicateOriginal................................................................................................... 9 Immigration.............................................................................................................. 9 Legal Services Subcontracting Prohibited............................................................... 9 Attorney's Fees......................................................................................................... 10 Survival.................................................................................................................... 10 GoverningLaw......................................................................................................... 10 Entirety..................................................................................................................... 10 EXHIBIT A CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DLT&V SYSTEMS ENGINEERING AS NEEDED ENGINEERING SERVICES FOR WATER AND WASTEWATER SCADA SYSTEM ITEMIZED TASKS Design assistance with SCADA System reports and programming thereof. 2. Ongoing security updates and periodic security audits. 3. SCADA systems functional upgrade. 4. Ongoing equipment optimization, monitoring and maintenance. Guidance regarding software upgrades. 09-1963/30398 EXHIBIT A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. See Exhibit B.1 — Proposed Hourly Fee Schedule Total fees shall not exceed Nine Hundred Thousand Dollars ($900,000). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment Company Billing Rates for 2009.2011 Billing Billina Catenory Cnda Rath Pncitinnc Cnvprpd Admin Assistant Rate 1 101 $52.00 Interns, Marketing, Clerical positions Admin Assistant Rate 2 102 $60.00 Admin Assistant Rate 3 103 $69.00 Admin Assistant Rate 4 104 $80.00 Admin Assistant Rate 5 105 $92.00 Admin Assistant Rate 6 106 $106.00 Department Manager Rate 1 113 $75.00 QA/QC, CAD Manager, Eng. Mgr, I&C Mgr, Construction Department Manager Rate 2 114 $87.00 Mgr, Accounting Mgr, Marketing Mgr, Directors, Department Manager Rate 3 115 $101.00 Principals Department Manager Rate 4 116 $117.00 Department Manager Rate 5 117 $135.00 Department Manager Rate 6 118 $156.00 Department Manager Rate 7 119 $180.00 Department Manager Rate 8 120 $207.00 Designer Rate 1 121 $60.00 Engineering Designers Designer Rate 2 122 $69.00 Designer Rate 3 123 $80.00 Designer Rate 4 124 $92.00 Designer Rate 5 125 $106.00 Designer Rate 6 126 $122.00 Designer Rate 7 127 $141.00 Designer Rate 8 128 $163.00 Designer Rate 9 129 $188.00 Desi ner Rate 10 130 $217.00 Drafter Rate 1 107 $60.00 CAD Operator, Drafter Drafter Rate 2 108 $69.00 Drafter Rate 3 109 $80.00 Drafter Rate 4 110 $92.00 Drafter Rate 5 111 $106-00 Drafter Rate 6 112 $122.00 Integrator Rate 1 139 $60.00 Programmer, Integrator, IT Integrator Rate 2 140 $69.00 Integrator Rate 3 141 $80.00 Integrator Rate 4 142 $92.00 Integrator Rate 5 143 $106.00 Integrator Rate 6 144 $122.00 Integrator Rate 7 145 $141.00 Integrator Rate 8 146 $163.00 Integrator Rate 9 147 $188.00 Integrator Rate 10 148 $217.00 Project Manager Rate 1 157 $80.00 Construction, Engineering, Programming Project Manager Rate 2 158 $92.00 Project Manager Rate 3 159 $106.00 Project Manager Rate 4 160 $122.00 Project Manager Rate 5 161 $141.00 Project Manager Rate 6 162 $163.00 Project Manager Rate 7 163 $188.00 Project Manager Rate 8 164 $217.00 DLT&V Inc. Confidential 12/18/2008 Page 1 Company Billing Rates for 2009-2011 Billing Billina Catannry Cnda Rata Pncitinnc C_nvarad Senior Engineer Rate 1 131 $85.00 Senior Engineer Rate 2 132 $98.00 Senior Engineer Rate 3 133 $113.00 Senior Engineer Rate 4 134 $130.00 Senior Engineer Rate 5 135 $150.00 Senior Engineer Rate 6 136 $173,00 Senior Engineer Rate 7 137 $199.00 Senior Engineer Rate 8 138 $229.00 Senior Integrator Rate 1 149 $85.00 Senior Integrator Rate 2 150 $98.00 Senior Integrator Rate 3 151 $113.00 Senior Integrator Rate 4 152 $130.00 Senior Integrator Rate 5 153 $150.00 Senior Integrator Rate 6 154 $173.00 Senior Integrator Rate 7 155 $199.00 Senior Integrator Rate 8 156 $229.00 Supervisor Rate 1 165 $60.00 Office Supervisor, Eng. Sup., Prog. Sup., IT Sup. Supervisor Rate 2 166 $69.00 Supervisor Rate 3 167 $80.00 Supervisor Rate 4 168 $92.00 Supervisor Rate 5 169 $106.00 Supervisor Rate 6 170 $122.00 Supervisor Rate 7 171 $141.00 Supervisor Rate 8 172 $163.00 Technician Rate 1 173 $60.00 IT Tech, Shop Tech, Construction Observer Technician Rate 2 174 $69.00 Technician Rate 3 176 $80.00 Technician Rate 4 176 $92.00 Technician Rate 5 177 $106.00 Technician Rate 6 178 $122.00 Technician Rate 7 179 $141.00 Technician Rate 8 180 $163.00 Technician Rate 9 181 $188.00 Technician Rate 10 182 $217.00 DLT&V Inc. Confidential 12/18/2008 Page 2 Page 1 of 1 Esparza, Patty From: Dills, Ken Sent: Thursday, February 19, 2009 3:04 PM To: Esparza, Patty Subject: FW: RFP respondents From: Fry, Mike Sent: Thursday, February 19, 2009 3:03 PM To: Dills, Ken Subject: RFP respondents On Call Engineering Services for Water and Wastewater SCADA System respondents Mr. Gene Heyer, P.E., P.M.P. DLT&V Systems Engineering, Inc. 16 Technology Drive, Suite 100 Irvine, CA 92618 Mr. John P. Holbrook System Integrated, LLC 2200 No. Glassell Orange, CA 92865 Mr. Ricardo Tiongson Harris Group Inc 2625 Townsgate Road, Suite 330 Westlake Village, CA 91361 Mr. Jeromy Peterson CP Control Technologies, LLC 109 W. University Mesa, AZ 85201 2/19/2009 1MR- CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIDDIYYYY) DLT&V-2 06104168 PRODUCER: THIS CERTIFICATE IS ISSUED AS A'MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Stuckey Ins & Assoc Agencies HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7020 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix AZ 85011-7020 Phone:602-264-5533 Fax:602-279-9336 INSURERS AFFORDING COVERAGE NAIC# INSURED, INSURER A: Travelers Indemnity Co of CT A 25682 INSURER B: XL Specialty Ins Cc A 37885 DLT&V Syystems Engineering, Inc INSURERC: 20 FairFDanks #17 INSURER D: Irvine CA 92618 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER Cr DATE MMlFDD1YY E POLICY MM@D1Yl�N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERALLIABILITY CLAIMS MADE X� OCCUR 680-450OL487 06/01/08 06/01/09 PREMISES (Ea oocurence) s300000 MED EXP (Anyone person) $ 5000 PERSONAL &ADV INJURY $ 1000000 X Contractual L1ab GENERAL AGGREGATE s 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 200 0000 POLICY X JERo LOG A X AUTOMOBILE X LIABILITY ANYAUTO BA3993M841 06/06/08 06/06/09 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X VED TO F EM PROPERTY DAMAGE (Pereccident) $ - GARAGELIABILITY ANY AUTO C 7 0 OItICj/ ,f 6P AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG - $ - $ A EXCESSIUMBRELLA LIABLITY X .00CUR F—ICLAIMSMADE CUP699OY60A 06/01/08 06/01/09 EACH OCCURRENCE $ 3000000 AGGREGATE $ 3000000 $ NX $ DEDUCTIBLE - -RETENTION $10000 - $ A WORKERS COMPENSATION AND EMPLOYERS' LUIBWTY ANY F,:C^RfETORI?ARTNEP.JEXEGUTNE OFFICERJMFMBER EXCLUDED? - undo IFyECIALPROVISIO SPECIAL PROVISIONS below - UB6403Y44507 I 06/01/08 - - - 06/01/09 � � � � X TORY LIMITS ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EAEINPLUYEE $ 1GGOOGu^ E.L.DISEASE- POLICY LIMIT $1000000 OTHER - - B Professional Liab DPR9614062 06/06/08 06/06/09 Per Claim 2000000 :Lkggregate 2000000 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Professional Liability - Claims Made - Retro Date 09-26-97 The City of Huntington Beach, its agents, officers and employees are additional insured per writen contract.as respects to General Liability per Forms CGD381(9-06)and Auto per Form CAT420 (7-06). Coverage is primary and non-contributory *Except 10 days for non-payment of premium 11-mI c nvwcn VAItl4CLLA 1 IV14 C IHUN-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPBZATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN Department of Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Howard Johnson, Utilities Mgr _ 19001 Hungtington Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Huntington Beach CA 92648 REPRESENTATIVES. © ACORD CORPORATION 1988 ATRAVELERSJ Insured: DLT&V Systems Engineering, Inc. WORKERS COMPENSATION AND ,EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 ROUCY NUMBER: UB6403Y44507 We have the right to recover our payments from anyone liable for an Injury covered. by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement appligs only to the extent that you perform work under a written contract that requires yoA6 obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE r DESIGNATED PERSON: DESIGNATED ORGANIZATION: ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT -REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU _:..... EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: 11-17-07 ST ASSIGN: Insured: DLT&V Systems Engineering; Inc. COMMERCIAL AUTO Policy #, BA3993M841 Physical Damage Coverage is extended to tent required of you -by a written contract exe- "autos" that you hire, rent or borrow subject to the cuted prior to any "accident" or loss", pro - following: vided that the "accident" or "loss" arises out of (1) The most we will pay for "loss" in any one the operations contemplated by such con - "accident" to a hired, rented or borrowed tract. The waiver applies only to the person or "auto" is the lesser of organization designated in such contract. (a) $50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss". (3) if a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto": (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Condiltions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- G. BLANKET 'ADDITIONAL INSURED SECTION 11— LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only W the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained In Section II. H. EMPLOYEE HIRED AUTOS SECTION II — LIABILITY COVERAGE, A. Cov- erage,l. Who Is An Insured is amended by add- ing the following: An "employee" of yours is an "insured" while op- - erating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while. performing duties related to the conduct of your business. I. COVERAGE EXTENSION —TRAILERS SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: f. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. CA T4.20 07 06 Includes the copyrighted material of The St Paul Travelers Companies, Inc. Insured: DLT&V Systems Engineering, Inc. Po4c'Y4 680-4497L860 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED (Section 11) is amended to include any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Cover- age Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If the. injury or damage arises out of the per- formance, by you or your subcontractor, of "your work" to which the "contract or agree- ment requiring insurance" applies. Such per- son or organization does not qualify as an additional insured with respect to their Inde- pendent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. 2. The insurance provided to the additional Insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization, for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. b. This Insurance does not apply to the render- ing of or fallure to render any "professional services". c. The limits of Insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in that "contract or agree- ment requiring insurance", or the limits shown In the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section 1`1f): f However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on ,a primsry basis, or a primary and non-contributory basis, this insurance is priritary to other insurance that is available to such additional insured which covers such addi- tional Insured as a named Insured, and we will not share with the other insurance, provided that: ('I) The "bodily injury" or "property damage" for - which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this Insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the Insured is an additional insured under any other insurance. 4. The followirg is added to Paragraph 6. Transfer Of Rigirts Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section 14): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "per- sonal injury" offense Is committed. S. As respects the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): CG 03 8109 06 0 2006, The St. Paul Travelers Insurance Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with Its pernasslon. aan COMMERCIAL GENERAL LIABILITY "contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; r. b. While that part of the contract or agreement Is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. Page 2 of 2 0 Zoos, The St. Paul Travelers Insurance Compares, Inc. CG 03 8109 06 Includes copyrighted maWrial of Insurance Services Office, Inc., odh Its permission. RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve As -Needed Engineering Services Agreement for SCADA System COUNCIL MEETING DATE: March 2, 2009 C�1 TT>ACHMENT SAS S Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Apelicable :EXPLANATION F012MI$$ING;:Al'TACHIVIENTS RCA Author: Ken Dills, ext. 5055 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 9, 2009 DLT&V Systems Engineering Attn: Gene Heyer 20 Fairbanks, Suite 174 Irvine, CA 92618 Dear Mr. Heyer: Enclosed for your records is a copy of the Professional Services Contract between the City of Huntington Beach and DLT&V Systems Engineering for As Needed Engineering Services for Water and Wastewater SCADA system. Sincerely, JF:pe Enclosure G: followup: agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 )