RESOLUTION 2024-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO
THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 13307 of the California Elections Code provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. General Provisions. Pursuant to Section 13307 of the California Elections Code, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Banning on Tuesday, November 5, 2024 may prepare a candidate’s statement on an appropriate form provided by the City Clerk. Such statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words of the candidate’s education and qualifications as expressed by the candidate. Such statement will not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in the office of the City Clerk at the time the candidate’s nomination papers are filed. Except as provided in Section 13309 of the California Elections Code, such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
SECTION 2. Payment. The Riverside County Elections Department shall give the City Clerk an estimate of the total cost of printing, handling, translating and mailing the candidate’s statement filed pursuant to the Elections Code, and require each candidate filing a statement to pay in advance his or her pro rata share as a condition of having his or her statement included in the voter’s pamphlet. As these costs are only estimated, the City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit.
SECTION 3. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time the nominating petitions are issued.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
378
Resolution 2024-98
APPROVED AS TO FORM:
Serita Young, City Attorney
Richards, Watson & Gershon
379
Resolution 2024-98
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-98, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
380
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-99, Approving Amendment No. 1 to the Services Agreement with Yunex, LLC., in the Amount of $25,000 for FY 2024/2025 Citywide Traffic Signal Maintenance Services
RECOMMENDATION:
Adopt Resolution 2024-99.
BACKGROUND:
The City owns traffic signals and related devices (e.g., signal controllers; poles and lights; video detection; loop detectors; battery backup systems; etc.) for the following intersection locations:
• Ramsey Street & Hargrave Street
• Ramsey Street & Sunset Avenue
• Ramsey Street & 4th Street
• Ramsey Street & 8th Street
• Ramsey Street & 22nd Street
• Ramsey Street & San Gorgonio Avenue
• Ramsey Street & Hathaway Street
• Wilson Street & Mountain Avenue
On May 23, 2023, through ProcureNow and advertisement in the local newspaper, City staff released a solicitation for proposals from qualified contractors to provide maintenance and repair services for eight (8) traffic signals throughout the City of Banning for a term of one (1) year with the option to renew four (4) additional signal year periods.
The Scope of Work included routine monthly traffic signal maintenance services with call outs and repairs occurring on an as needed basis as described in detail in the attached maintenance agreement.
The contractor is required to furnish all labor, tools, materials, and equipment to provide traffic signal maintenance and ensure compliance will all Federal, State and local regulations.
The opportunity closed on June 13, 2023 and in response a total of 4 bids were received and validated by Purchasing staff. Subsequently, a committee of three (3) members was assembled to evaluate the proposals based on qualifications, pricing, experience, professional references, approach and methodology. As a result, staff recommended the award of an agreement which was administratively processed for the first year in the amount of $25,000.
Upon annual review of services, staff recommends a contract extension through the processing of Amendment No. 1 for a one-year period in the amount of $25,000. In addition to the above listed locations, following the approaching expiration of two traffic signal maintenance development agreements during this upcoming year, two locations shall be included:
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• Wilson Street & Apex Street (beginning February 2025) • Wilson Street & Highland Home Road (beginning March 2025) Based on the initial bid, pricing shall be held for a two (2) year period; therefore, no cost increase was applied for the extended term. If approved, the total agreement including approval under this resolution will amount to $50,000 with the remaining option to renew three (3) additional single years.
JUSTIFICATION:
The Public Works Department does not have the required staff needed to maintain traffic signals, therefore; it is necessary to retain a contractor to provide these services. Upon evaluating the existing services provided by Yunex, staff recommends the contract renewal and processing of Amendment No.
1. If approved, three (3) additional single year renewals remain.
FISCAL IMPACT:
Amendment No. 1 will increase the traffic signal maintenance services agreement in the amount of $25,000 which will be funded by the operational budget of the Street Division, Account 100-4900-413.30- 09 (Repair/Maintenance- Traffic Signals). This is budgeted in the Biennial Operating Budget.
ALTERNATIVES:
1. Adopt Resolution 2024-99 as recommended.
2. Adopt Resolution 2024-99 with modifications.
3. Do not approve Resolution 2024-99 and provide alternative direction to staff. City Council may choose to reject this action which may result in an interruption of services.
ATTACHMENTS:
1. Resolution 2024-99, Yunex Traffic Signal Maint.docx
2. Exhibit A - Amend No.1 Yunex C00857.docx
3. Attach 2-Rate Schedule.pdf
4. Attach 3_OrigAgree.pdf
382
Resolution 2024-99
RESOLUTION 2024-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH YUNEX, LLC IN THE AMOUNT OF $25,000 FOR FISCAL YEAR 2024/2025 CITYWIDE
TRAFFIC SIGNAL MAINTENANCE
WHEREAS, on May 23, 2023, through ProcureNow and advertisement in the local newspaper, City staff released a solicitation for proposals from qualified firms to provide maintenance and repair services for eight (8) traffic signals throughout the City of Banning for a term of one (1) year with the option to renew four (4) additional signal year periods; and WHEREAS, in August of 2023 an agreement in the amount of $25,000 was administratively approved and awarded to Yunex, LLC., following the formal bid process and bid evaluation; and
WHEREAS, under this approval, Amendment No. 1 will extend the term of the agreement for a one (1) year period and increase the traffic signal maintenance services agreement for FY 2024/2025 in the amount of $25,000; and
WHEREAS, Amendment No. 1 will be funded by the operational budget of the Street Division, Account 100-4900-413.30-09 (Repair/Maintenance-Traffic Signals).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Amendment No. 1 to the Citywide Traffic Signal Maintenance Agreement with Yunex, LLC., extending the term for a one (1) year period and increasing the contract for an additional amount of $25,000 for Fiscal Year 2024/2025.
SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 3. City Council authorizes the City Manager to make necessary non-substantive changes and to execute Amendment No. 1 with Yunex, LLC., for Fiscal Year 2024/2025.
SECTION 4. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024.
Alberto Sanchez, Mayor
City of Banning
383
Resolution 2024-99
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
384
Resolution 2024-99
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-99, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
385
Resolution 2024-99
Exhibit A
Amendment No. 1 with Yunex, LLC.,
FY 2024/2025 Citywide Traffic Signal Maintenance Services 386
AMENDMENT NO. 1 TO THE AGREEMENT (C00857) FOR CITY
WIDE TRAFFIC SIGNAL MAINTENANCE SERVICES BY AND
BETWEEN CITY OF BANNING AND YUNEX, LLC
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and YUNEX, LLC., A Delaware Limited Liability Company, (“Contractor”) is effective as of this day: ______________.
RECITALS
A. City and Contractor entered into that certain Contract dated August 17, 2023 for the purpose of providing traffic signal maintenance services (“Agreement”) following Request for Proposal (RFP 23-030).
B. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement to August 31, 2025, and increase the Contract Sum to Fifty Thousand Dollars ($50,000.00).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Twenty-Five Thousand Dollars ($25,000.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Fifty Thousand Dollars ($50,000.00).
1.2 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through August 31, 2025, unless sooner terminated or extended as provided in the Agreement.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment No.1, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions 387
of the Agreement or Amendment No. 1, the provisions of this Amendment No. 1 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.
2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
388
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING CONTRACTOR
Douglas Schulze,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
Serita R. Young
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
389
PRICE PROPOSAL FORM
All proposals submitted shall have a stated dollar bid amount for providing the services outlined in the Scope of Services.
All proposals shall include a full and complete breakdown of all the costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc., and include a Grand Total Amount to complete this project and fulfill the entire scope of services herein.
BID SCHEDULE – TRAFFIC SIGNAL MONTHLY MAINTENANCE AND REPAIR SERVICES Monthly routine maintenance services shall include routine inspection, preventative maintenance and repairs of traffic signal systems, interconnect, safety lights and illuminated street name signs, per intersection, per month.
ITEM
NO. DESCRIPTION OF ITEM MONTHLY
UNIT PRICE
ANNUAL
PRICE
1. Ramsey Street & Hargrave Street Routine Monthly Maintenance Services
2. Ramsey Street & Sunset Avenue Routine Monthly Maintenance Services
3. Ramsey Street & 4th Street Routine Monthly Maintenance Services
4. Ramsey Street & 8th Street Routine Monthly Maintenance Services
5. Ramsey Street & 22nd Street Routine Monthly Maintenance Services
6. Ramsey Street & San Gorgonio Avenue Routine Monthly Maintenance Services
7. Ramsey Street & Hathaway Street Routine Monthly Maintenance
8. Wilson Street & Mountain Avenue Routine Monthly Maintenance Services
TOTAL BID AMOUNT IN FIGURES – SCHEDULE I ______ ___
TOTAL BID AMOUNT IN WORDS – SCHEDULE I:
$81.00 $972.00
$81.00 $972.00
$81.00 $972.00
$81.00 $972.00
$81.00 $972.00
$81.00 $972.00
$81.00 $972.00
$81.00 $972.00
$648.00 (Monthly) or $7,776.00 (Annually)
Six Hundred Forty Eight Dollars and Zero Cents (Monthly) or Seven Thousand, Seven Hundred Seventy Six Dollars and Zero Cents (Annually) 390
Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los AnglesRiverside-Orange County, CA, All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)
Contractor shall provide a separate rate schedule identifying staff members’ hourly rates, equipment, reimbursable expenses and/or rates, mileage and/or travel cost, etc.
Description of Employee,
Equipment or Materials
(Required)
Hourly Rate or Unit Rate
(Required)
Hours worked
(if applicable)
Total Cost
(if applicable)
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
See next page See next page TBD See next page
391
City of Banning
Traffic Signals Maintenance & Repair Services
Cost Schedule
Labor Rates
Item Description Unit Regular Time Overtime Premium Time Foreman Hourly $138.00 $173.00 $208.00
Traffic Signal Technician – Field Hourly $131.00 $162.50 $193.50 Traffic Signal Technician – Lab Hourly $131.00 $162.50 $193.50 Laborer Hourly $105.00 $149.25 $149.25
Regular, Overtime, and Premium time explanation:
Regular Hours are Monday thru Friday (excluding holidays) from 7:30am to 4:00pm. Overtime Hours are Monday thru Friday after these work hours for the first four straight hours on any job as well as Saturday for the initial 8 working hours. Premium Hours are Monday thru Friday after four hours of OT on any one job, Saturdays after 8 hours on any one job, all day Sunday starting at 12:00am until Monday at 7:30am and all holidays starting at 12:00am until the next morning at 7:30am.
Equipment Rates
Item Description Unit Unit Price
Service Truck Hourly $29.00
Bucket Truck Hourly $32.00
Crane Truck Hourly $65.00
Arrow Board Hourly $5.00
Air Compresser with tools Hourly $5.00
Material Markup
Item Description %
Material Markup 10%
Miscellaneous Items
Item Description Unit Unit Price
Type E Loop (6’ Round) Each $650.00
CMU Testing Each $160.00
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2344655v8
AGREEMENT FOR CITY WIDE TRAFFIC SIGNAL MAINTENANCE
SERVICES (C00857)
THIS AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES (herein “Agreement”) is entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and, YUNEX, LLC., a Delaware Limited Liability Company, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. Following submission of a proposal or bid for the performance of traffic signal maintenance services, as particularly defined and described in Article 1 of this Agreement, the Consultant was selected by City to perform those services.
B. The Parties desire to enter this Agreement in order to set forth terms and conditions under which Consultant will perform the traffic signal maintenance services referenced in Recital “A”. above.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, in accordance with all terms and conditions of this Agreement, and to City’s reasonable satisfaction (“Services.”) As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein.
Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works,” Consultant shall comply in all DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 8/17/2023
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respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit “B” hereto.
1.2 Contract Documents and Exhibits.
This Agreement includes this document, Exhibit A (Scope of Services), Exhibit B (Special Requirements), and Exhibit C (Schedule of Compensation) . In the event of any conflict between this document and any Exhibit hereto, the provisions of this document shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).
1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1621 394
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1.7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section
2.1), and/or (ii) the maintenance schedule set forth in the Scope of Services, and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
1.9 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference.
1.11 Corrections.
In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,
5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1622 395
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such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.
1.12 Party Representatives.
A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:
Name Title
David P. Heermance President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement.
Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1623 396
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set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.
1.13 Independent Contractor.
A. Consultant is an independent contractor and not an employee of City.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
1.14 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in Exhibit C-1 and the not-to-exceed sub-budget rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1624 397
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than Twenty-Five Thousand Dollars ($25,000.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City.
Coordination of the performance of the Services with City is a critical component of the Services.
If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.
2.4 Unauthorized Services and Expenses.
City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.
2.5 Invoices.
Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
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2.6 Waiver.
Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform monthly and call-out Services as set forth in the Scope of Services, Exhibit “A”, hereto..
3.3 Force Majeure.
The maintenance schedule specified in the Scope of Services may be adjusted because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and adjust the maintenance schedule when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8.
The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section 1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement and/or adjustment of the maintenance schedule, pursuant to this Section.
3.4 Term.
The Term of this Agreement shall be from the Effective Date through August 31, 2024, unless sooner terminated as provided in Article 6 of this Agreement or extended by written agreement of the Parties or as provided in Sections 1.8 and 3.3 of this Agreement. This Agreement may be extended for four (4) succeeding terms of one (1) year each by the written agreement of the Parties. The maximum term and any subsequent amendment or modification to the term shall not exceed five (5) years.
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ARTICLE 4. INSURANCE AND INDEMNIFICATION
4.1 Minimum Scope and Limits of Insurance.
Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.
C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate. If a claims-made policy is provided, it shall be endorsed with an extended reporting period of not less than three (3) years, or shall be maintained in full force and effect for three (3) years, following final payment to Consultant hereunder.
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non-Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1627 400
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insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
4.5 Consultant’s Waiver of Subrogation.
The insurance policies required under this Article, excepting the professional liability policy, shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
4.6 Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.
4.7 Cancellations or Modifications to Coverage.
Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
4.9 Evidence of Insurance.
Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1628 401
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coverages.
4.10 Indemnity Requirements not Limiting.
Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.
4.11 Sub-contractor Insurance Requirements.
Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.
4.12 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnification of City.
1) Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, defend, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, stop notices, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
2) Other Indemnities. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1629 402
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reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
3) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.3. 4) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities and Claims, in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities and Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, Claims, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 Service Records.
Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1630 403
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be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.
5.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
5.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
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5.4 Confidentiality and Release of Information.
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law.
This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
6.2 Disputes; Default.
A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1632 405
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right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.
In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
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6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
6.7 Termination Prior to Expiration of Term.
This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the Services actually provided hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.
6.8 Attorneys’ Fees.
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1634 407
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litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 Non-liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
7.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1635 408
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any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
7.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
If to City Attn: Art Vela
Public Works Director
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Kevin G. Ennis, City Attorney
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: David P. Heermance, President
Crosstown Electrical & Data, Inc.
5454 Diaz Street
Irwindale, CA 91706
Email: [email protected]
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1636 409
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8.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
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8.7 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
8.8 Final Payment Acceptance Constitutes Release.
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.
8.9 Non-Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
8.11 Word Usage.
Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1638 411
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this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
8.14 Signatures.
Electronic Signatures: Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Caroline Patton Date
Deputy City Clerk
Address:
City Council Approval:
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 86-2136678
8/16/2023
Michael Hutchens
Western Operations Manager
Riverside, CA 92501
2250 Business Way
USA
8/17/2023
8/17/2023
n/a
1640 413
Exhibit “A”-1
11303-0011\2688202v3.doc
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing City Wide Traffic Signal Maintenance prepared in connection therewith:
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1641 414
June 13th
, 2023
Ms. Barbara Mason
Purchasing Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
\{UN X
TRAFFIC
RE: Proposal for: Traffic Signals Maintenance & Repair Services (RFP-23-030) Ms. Mason,
Yunex LLC would like to express our sincere appreciation for the opportunity to participate in the proposal process for providing Traffic Signals Maintenance & Repair Services for the City's traffic signal system. The prices and terms stated in our proposal package will remain in effect for 90- days from the date of submission, June 13th
, 2023.
Yunex LLC is a corporation, incorporated in the State of Delaware on February 17th , 2021. Our
federal tax employer I.D. number is 86-2136678 and our corporate address is 9225 Bee Cave Road, Building B, Austin, TX 78733.
Yunex LLC is an electrical contracting firm who is a California licensed A & C-10 contractor (CA License #1080007) and is also a registered Public Works Contractor (DIR No. 1000815000), who provides leading edge technology for the fast-paced Intelligent Transportation Systems world.
Whether providing maintenance services, controllers, controller firmware, central systems, system analysis, design, or integration, Yunex LLC brings innovative and reliable solutions to customers.
Yunex LLC has reviewed the Scope of Work in the RFP and Sample Professional Services Agreement and will list our Legal Exceptions and Assumptions within our Proposal for the City's review/consideration.
During the evaluation, if there are any questions regarding this proposal, please feel free to contact either of us using the contact information listed below. We look forward to serving the needs of the City of Banning and would like to thank you in advance for your consideration.
Respectfu I ly,
Yunex LLC
Director of Service
2250 Business Way
Riverside, CA 92501
(951) 784-6600 Office
(951) 784-6700 Fax
[email protected]
L
Yunex LLC
Michael J. Hutchens
West Operations Manager
2250 Business Way
Riverside, CA 92501
(951) 784-6600 Office
(951) 784-6700 Fax
[email protected]
EXHIBIT "A" "A" - 2
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1642 415
Understanding
It is our understanding that the City Banning is seeking a qualified traffic signal maintenance firm to provide Traffic Signals Maintenance and Repair Services. The selected
service company will be responsible for providing a
continuing, comprehensive, routine, and extraordinary
maintenance program for the City’s equipment. The City’s expectation is that the maintenance program will reduce the incidence of malfunctions, reduce complaints,
promote safety, and proactively extend the longevity of the equipment, thus reducing the overall operating cost for the City’s traffic signal system.
Our goal is always to exceed our customer’s expectations. We have a broad range of experienced personnel including IMSA and NEC certified Traffic Signal Maintenance personnel.
The technician assigned to this contract has over 20 years of experience managing and maintaining traffic signal systems and related ITS equipment.
Our local traffic signal laboratories (Riverside, CA) provide a full range of technical services including complete controller/cabinet testing, repair, and conflict monitor testing/certification.
Services for this contract include the provision of appropriately trained personnel and equipment necessary to perform maintenance activities as outlined in your RFP.
We understand that the general Scope of Work to be done consists of routine preventative maintenance and repair of your traffic control systems as well as general and emergency repairs of the same. These services will provide your city with safe and efficient operations. Yunex Traffic will have available and readily accessible, qualified personnel, tools, equipment, facilities, and material required to perform all work necessary for the maintenance of the City’s traffic signal systems, as outlined in the Scope of Work and in compliance with current City and State standards.
Our Approach / Emergency Response Times
To be able to respond immediately to emergency calls, Yunex Traffic’s field technicians are authorized to take their work vehicles home daily. All work vehicles are stocked with proper field equipment so he/she may sufficiently address most problems they encounter while responding.
Emergency response call outs and unscheduled repairs are initiated by calling our toll-free emergency phone number, 1-800-229-6090. A live dispatcher will be available 24 hours a day, 7 days per week, 365 days per year. Our dispatcher will create a work order in our visual planning board and once the work order is released, it will immediately transfer to our technician’s queue on their mobile device. As part of our quality control practice, our dispatcher will follow up with a phone call to our technician to confirm that he/she is in receipt of the call out/work order. For emergency calls, the technician will arrive at the site within two (2) hours to assess and correct the reported problem. Once the problem is corrected, the technician will inform the city of the repair actions.
A. Statement of Understanding and Approach
EXHIBIT "A" "A" - 3
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1643 416
Scope of Work
It is always the goal of Yunex Traffic to tailor our services around our customer’s needs. We understand that throughout the term of a contract, those needs may change. We approach all our contracts with the same vision; build a partnership with the City’s staff and work towards achieving common goals set forth through that partnership. We realize that this is an everevolving process and that is why we believe that the only successful route is through establishing common goals. This methodology and a commitment to service will be applied to every aspect of our services for the City of Banning.
Routine Maintenance
We will execute a comprehensive monthly routine maintenance program as outlined in the City’s Scope of Work, as recommended by the manufacturer, and as listed below. Yunex Traffic will also maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the city.
Yunex Traffic technicians will, at a minimum, perform the following tasks on the City’s traffic signal system monthly:
Routine maintenance is typically scheduled by the technician as they are more aware of the geography of the area. He will take into consideration contract requirements and your preference when scheduling routine preventive maintenance. Once our technician arrives at the location, he will complete a job hazard analysis (JHA) determining any potential hazards at the location. Following the JHA, he/she will secure the area with proper traffic control as referenced in the most recent edition of the W.A.T.C.H. Handbook and in accordance with the city’s traffic control requirements. Our technician will clean and vacuum the controller and battery backup cabinets (if equipped) and ensure the cabinet vents are un-obstructed, the air filter is clean, properly inserted, and secure (air filters will be replaced semi-annually). During this process, your Yunex Traffic technician will perform the following checks inside the controller cabinet:
o Confirm the controller cabinet is securely
mounted to the foundation and inspect the
seal for deterioration. Excessive dampness
and plant/animal intrusion inside the
controller cabinet will be reported to the city
and repaired immediately.
o Verify fan operation and ensure the
thermostat is set to 96 degrees Fahrenheit
and that there is sufficient airflow through the
cabinet.
o Inspect cabinet hardware (i.e., door gaskets,
hinges, locks, etc.) for proper operation. All
deficiencies will be repaired and reported to
the city.
o Inspect electrical components (i.e., relays, load switches, equipment displays and indications, flasher(s), rack-mount detectors, harness/connectors, service connections, system telemetry, communications system, cabinet grounding, GFCI receptacles, terminal connections cabinet lights and switches, CMU (interlock) door switch, the police panel switches, etc.) for proper operation and adjust, as necessary. We will also verify proper operation of all equipment displays and EXHIBIT "A" "A" - 4
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1644 417
cabinet/controller indicator lamps. Deficiencies that pose a safety concern will be corrected immediately.
o Verify that controller software/firmware is up to date. Following the visual inspection, your Yunex Traffic technician will examine the functionality of the controller in relation to traffic at the intersection and confirm all phase and coordination timing is programmed correctly and is current based on the timing sheet located in the controller cabinet.
In addition to monitoring phase actuation from vehicle/traffic, they will also confirm proper intersection cycling by manually placing vehicle/pedestrian calls on each phase through the cabinet test switches/controller keypad to verify controller servicing of each phase. Yunex Traffic technicians will ensure your controller’s date and time is correct and we will adjust all controller clocks within 48 hours of time changes related to Daylight Savings Time. This also includes confirming the correct date and time in all Conflict Monitor Units and Malfunction Management Units (CMU/MMU) during each visit. Your Yunex Traffic technician will check the controller log buffers and investigate any faults that may have surfaced since the last maintenance visit. CMU’s/MMU’s can be tested annually with an MT-180 or equivalent conflict monitor tester.
Individual test results will meet the city’s documentation requirements and be available in each controller cabinet and an electronic file (USB) will be delivered to the city within 30 days after completing the testing. This test will also be documented on the routine maintenance log located in the controller cabinet. If requested, the cost for annual CMU/MMU testing will be billed as noted on the Price Proposal. The technician will confirm all detector loop cables are correctly identified, connected to the correct vehicle detector field terminals, and that a call is placed on the correct detector input, and that the input places a call on the correct controller phase. We will adjust or retune detector amplifiers and correct substandard splices, as necessary. Loops requiring re-seal or replacement will be documented and reported to the city immediately. Loop replacement cost will be billed as noted on the Price Proposal. If the intersection is equipped with video/radar detection our technician will verify that detection zones are properly structured. They will also verify proper camera operation by monitoring the vehicle call on the video processor unit and confirm that the calls are registering in the controller and actuating the correct phase in the controller. The technician will verify that detection system software has been properly updated. Video Detection lens cleaning can be done, if requested, on a time/material basis. If equipped, your Yunex Traffic technician will confirm operation of all preemption devices (i.e., railroad, emergency vehicle preemption (EVP), fire station preemption, etc.). Annual Optical detector lens cleaning can be done, if requested, on a time/material basis. Inspect CCTV cameras for correct operation and for
damage to wiring or housing. Inspection and lens cleaning can be done, if requested, on a time/material basis.
If equipped, your Yunex Traffic technician will also test your interconnect systems to maintain existing operation and will notify you of any deficiencies.
If equipped, your Yunex Traffic technician will check the battery back-up systems / uninterruptible power supplies Our technicians are
extremely knowledgeable
with the installation,
handling, and testing of
interconnect and fiber
optic systems.
EXHIBIT "A" "A" - 5
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1645 418
(UPS) including checking / logging the battery and load levels. In addition, we will confirm all battery connections to ensure they are clean and secure. If requested, we can perform testing by electrical bypass for proper operation, which will be billed on a time/material basis. We will report any batteries that require replacement immediately. All events and run time will be documented inside each controller cabinet. If requested, Yunex Traffic can perform a night check of all safety lights and illuminated street name signs (IISNS). Our findings will be submitted to the city and required repairs will be made according to the time & material rates. Monthly night checks can be done, if requested, on a time/material basis.
Our technician will walk the intersection (clockwise and counterclockwise) and visually inspect all poles, signal heads, pedestrian signals, associated framework, and signal mounted signs for proper operation, alignment, and broken or missing parts. During this process, your Yunex Traffic technician will perform the following checks outside of the controller cabinet:
o Depress all pedestrian push buttons and observe
proper timing and display.
o Visually inspect the loops for sufficient sealant or
exposed loop wires.
o Inspect pull boxes, pull box lids and hand-hole covers.
Missing covers/lids will be replaced immediately.
o Visually inspect all signal doors, back plates, and visors and confirm they are secure.
o Remove unauthorized signs, stickers, and posters that can be easily removed from traffic signal poles and the controller cabinet. Graffiti will also be removed within twenty-four (24) hours of notification.
o Prepare a list of locations where painting may be
necessary, which will be submitted to the City for
approval. Painting rates can be provided upon request.
The technician will lubricate cabinet door locks and padlocks quarterly, unless required sooner.
Maintain an inventory list of all equipment in the controller cabinet at each location. This list will also be updated electronically and provided to the city yearly in a Microsoft Excel spreadsheet, or as requested.
Your Yunex Traffic technician will document all maintenance activities on the city approved Preventative Maintenance checklist, on the cabinet log, and in their mobile device which is wirelessly communicating to our maintenance server enabling our customers to view all progress in virtually real-time.
EXHIBIT "A" "A" - 6
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1646 419
Extraordinary Services
In addition to the Preventative Maintenance program, we will provide other Extraordinary Services such as scheduled repairs, emergency response and technical support services to the City’s traffic signal systems in accordance with City requirements and as listed below.
Our Extraordinary and Emergency Response Services include, but not limited to, the following services:
Downed signal heads, poles, signal on flash, signal
blackout, burned out lamps, damaged controllers and
cabinets, damaged illuminated street name signs, damaged inductive loops, sensing elements, pedestrian push
buttons, electroliers, pedestrian signal heads, wiring, and other operational equipment related issues.
Assisting the City for special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions. If
requested, prepare punch list items, and follow through with city representative to ensure a successful completion.
Perform overhead maintenance on traffic signals, safety lighting, street name and regulatory signs, video detection cameras and Opticom systems.
Provide support for underground maintenance including conduit repair or replacement, wire inspection and
installation, and interconnect installation.
Repair, replace or otherwise render in good working order all defective parts of the traffic signal equipment with like make and model parts. Whenever equipment is removed,
the city representative will be notified within twenty-four (24) hours.
USA Dig Alert – Locating services using in-house locators. o Yunex Traffic will respond to all Underground Service Alert (USA) requests/notices or at the request of city staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduits, interconnect facilities, loops, safety light conduits, and other appurtenant equipment which might conflict with other right-of-way construction or repairs. Our technicians are equipped and certified with the proper locating devices provided by Metrotech.
EXHIBIT "A" "A" - 7
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1647 420
Fiber Optic related maintenance services such as: Installation, splicing, terminations, troubleshooting, on-reel testing, and integration.
Signal Loop Replacement. Yunex Traffic is the only maintenance provider who performs Loop replacements in-house.
Yunex Traffic will notify the City prior to any traffic signal deactivations that may be necessary to provide the required services. Traffic signal shutdowns will not be scheduled without the approval of an authorized representative of the City. Also, Yunex Traffic will not proceed with any extraordinary repairs without authorization from the city, unless it is a matter of public safety.
Spare Equipment
Yunex Traffic has over $1,500,000 in spare inventory and available to the City of Banning:
25 – NEMA controllers (such as Econolite ASC/2S-2100, ASC/3-2100, Cobalt, McCain, and many others)
25 – 24VDC Power Supply
25+ – MMU/CMU from various manufacturers
150 – Load Switches
6 – Type P controller cabinets
3 – 332 controller cabinets
250+ – Replacement LED Lamps (Red/Yellow/Green) and LED pedestrian signals 50 – ADA compliant pedestrian activation buttons
25+ - Battery Backup Batteries (sizes/manufacturers vary) 20+ – Streetlight luminaires of various manufactures and wattages 25+ - Several types/sizes of Marbelite concrete streetlight poles EXHIBIT "A" "A" - 8
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1648 421
On-Line Portal (Service Business Platform @ITS)
Yunex Traffic has rolled out a new service tool called SBP (Service Business Platform), which is a proprietary management system designed to effectively manage all service order progress, remotely update our ERP system (SAP) and as work is performed. SBP allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used. SBP keeps historical records for every location which allows the technicians an additional resource when troubleshooting.
When creating a new service request, the SBP will query the location history and will flag the order if it appears to be a repeated call out or duplicate order. Technicians transmit response and routine maintenance items in real-time using IOS or Android devices.
The contractual Scope of Work and all maintenance activities are also available for technicians to review to ensure all tasks are completed within the specified timeframe. Customer specific checklists for routine preventative maintenance will be available to the technicians so all required tasks are completed, per your Scope of Work.
EXHIBIT "A" "A" - 9
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1649 422
Customer Portal
The SBP Customer Portal gives our customers access to:
Monitor real-time status of routine maintenance and service calls Location history (sort/filter by date, location, call type, etc.) Overall historical maintenance and repair data
Real-time equipment inventories, maps, and event reporting Asset management (including digital photographs, GIS data, etc.) EXHIBIT "A" "A" - 10
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1650 423
Tracking as Related to Invoicing
In addition to our Customer Portal, you will receive a monthly detailed billing report with each invoice that lists labor and equipment hours billed for each service order.
EXHIBIT "A" "A" - 11
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1651 424
Exhibit “A”-12
11303-0011\2688202v3.doc
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.
IV. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1652 425
Exhibit “B”-1
11303-0011\2688202v3.doc
EXHIBIT “B”
SPECIAL REQUIREMENTS
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for servicesthat, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1653 426
Exhibit “B”-2
11303-0011\2688202v3.doc
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.
Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require 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 commencing the performance of the work of this contract.”
Date______________ Signature___________________________ DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1654 427
Exhibit “B”-3
11303-0011\2688202v3.doc
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1655 428
Exhibit “C”-1
11303-0011\2688202v3.doc
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the tasks (“Tasks”) not to exceed the rates in Exhibit “C1-1”
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1656 429
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1657 430
Exhibit “C-1”-2
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1658 431
Exhibit “C-1”-3
Project Schedule:
DocuSign Envelope ID: 2A39FCC7-80F3-45D9-8B98-1ED7ADF1981A 1659 432
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-100, Awarding a Professional Services Agreement for Supervisory Control and Data Acquisition System Maintenance and Advisory Services to Tetra Tech, Inc. in the amount of $205,000
RECOMMENDATION:
Adopt Resolution 2024-100.
BACKGROUND:
The City of Banning owns and operates a water system and a sewer collections system. The water system includes twenty-two ground water wells, two booster stations, and twelve reservoirs across five pressure zones. The collections system currently has six sewer lift stations. To monitor and control these types of facilities, utilities typically rely on a telemetry system, referred to as a Supervisory Control and Data Acquisition (SCADA) system. Such a system uses sensors and programmable logic controllers to turn pumps on and off and to monitor flowrates, reservoir levels, and pressures. The user interface portion of the SCADA system typically includes graphics, trends, reports, and alarms to help operators make informed decisions about how to operate the systems.
As both the City and the City’s water and wastewater system grows so does the need to have a consistent and reliable resource to assist the City in developing SCADA standards, identifying system enhancements including cybersecurity, developing maintenance plans and assisting the City with system maintenance and troubleshooting. The need for these support services resulted in the development of a Request for Proposals to solicit proposal from firms with the experience and qualifications to provide such services.
On February 9, 2024 the City released RFP 23-054, “SCADA Maintenance and Advisory Services” and closed the solicitation on March 22, 2024. As a result, the City received and evaluated three proposals with the following evaluation results:
Consultant Ranking
Tetra Tech, Inc. 95
Systems Integrated 87
ATSI 85
Based on the rankings, staff is recommending award of a professional services agreement to Tetra Tech, Inc. in the amount of $205,000 to complete the scope outlined in the RFP. Staff’s intent is to have the scope of work completed within two years for the purpose of spreading the expense incurred over such 433
period rather than one year.
JUSTIFICATION:
The City has a current need for services related to managing the water and wastewater SCADA system from a qualified and experienced consultant to ensure that the SCADA system is reliable and secure.
As a result of soliciting, receiving and evaluating proposal, staff recommends that City Council award a Professional Services Agreement to Tetra Tech, Inc. a reputable and qualified firm with the highest ranking response to the City's RFP solicitation.
FISCAL IMPACT:
If approved, the Professional Services Agreement with Tetra Tech, Inc. would be for an amount “not-toexceed” $205,000. The required funding is available in the current fiscal year in following accounts:
Account No. 660-6300-471.33-11 (Water Fund: Professional Services): $153,750 Account No. 680-8000-454.33-11 (Wastewater Fund: Professional Services): $51,250 ALTERNATIVES:
Do not approve staff recommendation and/or provide alternative direction.
ATTACHMENTS:
1. Resolution 2024-100, SCADA Services Tetra Tech.docx
2. Exhibit A - C01043 PSA - Tetra Tech - SCADA Maint adn Advisory Services.pdf
3. Tetra Tech Proposal.pdf
4. Tetra Tech Price Proposal.pdf
434
Resolution 2024-100
RESOLUTION 2024-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR SUPERVISORY CONTROL
AND DATA ACQUISITION SYSTEM MAINTENANCE AND ADVISORY SERVICES TO TETRA TECH, INC. IN THE AMOUNT OF $205,000
WHEREAS, the City of Banning owns and operates a water system and a sewer collections system which includes twenty-two ground water wells, two booster stations, and twelve reservoirs across five pressure zones and six sewer lift stations; and WHEREAS, a Supervisory Control and Data Acquisition (SCADA) system is utilized to monitor and control mechanical systems such as, but not limited to, reservoir levels, wells, flowrates and pressures; and
WHEREAS, City staff has identified the need for consulting services to provide assistance in maintaining and improving the SCADA system; and
WHEREAS, through the solicitation of a Request for Proposals, the City received and evaluated three proposals which resulted in Tetra Tech, Inc. submitting the highest ranked proposal; and
WHEREAS, staff has recommended the approval of a Professional Services Agreement with Tetra Tech, Inc. in the amount of $205,000 which will be funded by the Water Fund 660 (75%) and the Wastewater Fund 680 (25%), both which have available funding in Fiscal Year 2023/2024 in Accounts Nos. 660-6300-471.33-11 and 680-8000-454.33-11.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves a Professional Services Agreement with Tetra Tech, Inc. for Supervisory Control and Data Acquisition System Maintenance and Advisory Services in the amount of $205,000, authorizes the City Manager to make non-substantive revisions to the agreement and to sign said agreement.
SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024.
Alberto Sanchez, Mayor
City of Banning
435
Resolution 2024-100
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
436
Resolution 2024-100
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-100, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
437
Resolution 2024-100
Exhibit A
Agreement for SCADA Services with Tetra Tech, Inc.
438
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AGREEMENT FOR PROFESSIONAL SERVICES (C01043) FOR SCADA
MAINTENANCE AND ADVISORY SERVICES BY AND BETWEEN
CITY OF BANNING AND TETRA TECH INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and Tetra Tech, Inc., a Delaware Corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought by a Request for Proposals (RFP 23-054) for the performance of the services for SCADA Maintenance and Advisory Services and as further defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.
C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
D. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional 439
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standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).
1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 440
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documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section
2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
1.9 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 441
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1.11 Corrections.
In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,
5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.
1.12 Party Representatives.
A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:
Name Title
Amir Ibrahm Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement. 442
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Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.
1.13 Independent Contractor.
A. Consultant is an independent contractor and not an employee of City.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
1.14 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 443
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Two Hundred Five Thousand Dollars ($205,000.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.
2.4 Unauthorized Services and Expenses.
City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.
2.5 Invoices.
Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 444
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
2.6 Waiver.
Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section
1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 445
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.
3.4 Term.
The Term of this Agreement shall be from the Effective Date through June 30, 2026 with three (3) one-year renewal options, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.
ARTICLE 4. INSURANCE AND INDEMNIFICATION
4.1 Minimum Scope and Limits of Insurance.
Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.
C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 446
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non-Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
4.5 Consultant’s Waiver of Subrogation.
The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
4.6 Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.
4.7 Cancellations or Modifications to Coverage.
Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 447
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4.9 Evidence of Insurance.
Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
4.10 Indemnity Requirements not Limiting.
Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.
4.11 Sub-contractor Insurance Requirements.
Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.
4.12 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
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2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.
If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 Service Records.
Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer 449
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to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.
5.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
5.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
5.4 Confidentiality and Release of Information.
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the 450
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public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law.
This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
6.2 Disputes; Default.
A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 451
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In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party 452
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
6.7 Termination Prior to Expiration of Term.
This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.
6.8 Attorneys’ Fees.
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 453
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 Non-liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
7.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affirmative action to insure that applicants are employed, and that employees 454
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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
7.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
If to City Attn: Art Vela
Director of Public Works
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: Amir Ibrahim
Operating Unit Manager
Tetra Tech, Inc.
PO Box 911654
Denver, CO 80291-1654
Email: [email protected]
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8.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 456
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8.7 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
8.8 Final Payment Acceptance Constitutes Release.
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.
8.9 Non-Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
8.11 Word Usage.
Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver 457
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this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
8.14 Electronic Signatures.
Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
ATTEST: NAME: Date
TITLE:
____________________________________
Caroline Patton Date
Administrative City Clerk
Tax ID No.
APPROVED AS TO FORM: Address:
Serita R. Young, Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
459
Exhibit “A”-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing SCADA Maintenance and Advisory Services prepared in connection therewith:
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
460
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 3
PROPOSAL
A. STATEMENT OF UNDERSTANDING AND APPROACH
Centrally located between Inland Empire and Coachella Valley, the vibrant City of Banning boasts a storied past entrenched in agricultural heritage and railroad development. Bolstered by abundant water resources and a diverse socioeconomic landscape, the City anticipates burgeoning growth in both commercial ventures and residential expansions. The city’s water and wastewater systems stand as testaments to meticulous planning, featuring sophisticated monitoring mechanisms and robust distribution networks engineered to cater to the current populace and future projections alike.
As the City concludes its upgrade to incorporate the technologies of ONSITE, Keywest Radios, and Opto22 PLCs, a strategic partnership is sought to uphold the integrity of the existing infrastructure while facilitating its seamless evolution. Tetra Tech is poised to serve as the steward of the city’s SCADA ecosystem, offering comprehensive maintenance solutions and invaluable advisory services to navigate the transition towards open and standardized technologies.
With a commitment to excellence, Tetra Tech pledges to furnish the City of Banning with actionable recommendations, strategic prioritization, and transformative modernization initiatives. Acting as the city’s dedicated SCADA advocate and an extension of its staff, we will deliver unparalleled design and review services that fortify operational resilience and elevate cybersecurity standards.
STAFFING EXPERTISE AND EXPERIENCE
Our team’s expertise and experience are foundational to our approach. We begin by assembling a dedicated team
of seasoned professionals that includes multiple State
of California registered engineers, SCADA/Automation,
cybersecurity, and operational technology specialists −all with in-depth knowledge of SCADA systems. Our team has
over 170 years collectively working on water/wastewater projects. As part of our team, we have included SOFFA
Electric who has been in business in Southern California for since 1972. Tetra Tech has worked with SOFFA
on SCADA projects for over 6 years and they will be
responsible for providing control panel fabrication and instrumentation support.
Our team’s comprehensive understanding of SCADA
systems encompasses a wide range of industries,
ensuring we can adapt our approach to meet the specific requirements of the City of Banning.
To kick-start the engagement, we will conduct an initial consultation and assessment phase. During this phase,
Mr. Amir Ibrahim, project manager, and the Tetra Tech
team of experts will engage with your team to gain
an intimate understanding of your existing SCADA
infrastructure. We will review schematics, programming, SCADA graphics, documentation, and interview key
personnel to assess the systems’ current state and
identify areas that require support or improvement. This phase is critical for establishing baseline services and allows us to develop a comprehensive support strategy
tailored to your unique infrastructure.
Expectations / Deliverables:
» A dedicated team of experts with a combined 170
years of experience
» An assessment report outlining the current state of
your SCADA infrastructure
» In-depth discussions and knowledge sharing with your
personnel to understand your operational context
EXHIBIT "A" Exhibit "A" - 2
461
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 4
IMPLEMENTATION PLAN & PROJECT
MANAGEMENT
We understand that proper project management is the
primary driver for organizing, deploying, and executing a successful project. Our project management approach
is based on defining the upfront requirements for the
task and then developing a scope of work based on the
requirements. Using the scope of work and provided
task order, we will then turnaround a proposal that will include the scope, our project approach, proposed staffing, materials, budgetary estimates, and a timeline for delivery.
Within our proposal we will also include what may be
needed from the City, assumptions, and risks that are
associated with the task. Prior to starting on any task, we will expect a fully executed task authorization. Once the authorization is in place, we will schedule a collaborative kick-off meeting to begin successful execution of the task.
During the execution of the project our team will engage in frequent communication to update management
and the assigned team on the status of progress.
These updates include identifying any technical issues, resourcing issues, scheduling, and quality issues. This allows for our team to adjust our approach without
sacrificing execution or quality.
Our project management philosophy is to act as an
extension of your staff with a focus on communication,
coordination, administration, and execution.
QUALITY ASSURANCE
Our team understands that a project is only successfully delivered when the product adheres to Tetra Tech’s
internal quality standards. To ensure quality standards, each task is developed based on Tetra Tech SCADA,
electrical, instrumentation and controls, and cybersecurity standards and practices.
Additionally, each project and task are reviewed for quality, functionality, and conformity by the assigned QA/QC
engineer, Mr. Vincent Riviera, PE. In this role, Mr. Riviera will work closely with the development team to ensure
that Tetra Tech’s development standards and protocols
are being applied and put into practice. Additionally
prior to final product delivery to the City, we will hold multiple acceptance testing workshops with the City so
all stakeholders are able to quality check the functionality prior to final acceptance and deployment. Considering the QA/QC engineer reports directly to the project manager, management is always informed of quality concerns so
that corrective action can be taken immediately. This
allows for designs and products to be delivered to the
client error free.
TASK 1: TASK 2: TASK 3: TASK 4:
TASK 5: TASK 6: TASK 7:
Task Order
Initiation
Data
Research Coordination Draft Proposal
Project
Implementation
Task Order
Authorization
Final Proposal
& Work Plan
Receive request from the
City; Review available
information and discuss with
City engineers and operators.
Based on QA/QC and team
input on Draft Proposal
documents and pricing
review, the final proposal
will be prepared and
submitted to the City.
The program manager, task
manager, and selected team
will prepare a draft proposal
for review by internal team
and by QA/QC.
Coordinate with stakeholders
(City engineers, staff, endusers, third-party); Perform job-walk (if needed).
Prepare plans, reports,
estimates, specifications,
documentation and other
items as required in the SOW.
Obtain and review documents
that are pertinent to the Task
Order, such as preliminary
investigations, due diligence,
and research.
Upon receiving task
authorization from the City,
Determine project schedule;
Coordinate a project kick-off
meeting; Manage staff to
begin project execution.
Task Order Implementation Process
EXHIBIT "A" Exhibit "A" - 3
462
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 5
CUSTOMIZED SOLUTIONS
Customization is the cornerstone of our approach.
Following the assessment phase, we will work closely
with your team to design tailored solutions that enhance the performance, reliability, and security of your SCADA systems. During this phase, our team will work closely
with Mr. Glen Rozak, PE, I&C engineer/Engineer of Record, to develop a customized support plan that aligns with
your operational objectives and water industry-specific requirements.
The customized support plan will include a detailed
roadmap for the implementation of our services. It will outline the specific strategies and methodologies we will employ to address the identified areas of improvement
and support.
Moreover, it will provide a timeline for the various phases of our engagement, ensuring a structured and transparent approach to our services.
Our team is committed to flexibility. We understand
that your infrastructure may evolve over time, and our
solutions will adapt accordingly. Regular communication and feedback loops will be established to ensure that
our customized support remains aligned with the City’s
evolving needs.
Expectations / Deliverables:
» Develop customized support plan tailored to your
SCADA infrastructure aligning with operational
objectives. This could include value-added services
described in Section V.D of this proposal.
» Recommend a roadmap outlining strategies,
methodologies, budgets, and timelines
» Regular communication and feedback mechanisms to
facilitate ongoing alignment
SECURITY AND COMPLIANCE
Security and compliance are paramount in the realm of
SCADA. Our commitment to securing your infrastructure
starts with a comprehensive security audit. We
will implement a robust cybersecurity framework
encompassing access controls, data encryption,
intrusion detection, and regular security audits to identify vulnerabilities.
Our compliance expertise further provides you with
assurance of regulatory adherence, making certain your
systems are aligned with industry standards.
Our team of cybersecurity experts, including David Espy CISSP, are well-versed in standards and guidelines from the AWIA, NIST, ISA/IEC 62443, DoD, and others. They will work diligently to ensure that your infrastructure complies with these requirements. This includes the implementation of necessary policies, documentation, and procedures to maintain a high level of security and compliance.
Expectations / Deliverables:
» Creation and implementation of a robust cybersecurity framework
» Documentation of policies and procedures to maintain
compliance with relevant industry standards and
regulations
» Regular security reports highlighting vulnerabilities and recommended actions
24/7 SUPPORT AND RESPONSE
Continuous monitoring and rapid incident response are
fundamental components of our support services. We
will assemble a dedicated team comprised of Mr. James
Pham, technical manager, Mr. Barry Kent, EIT, controls
engineer, and Mr. Joseph Delgadillo, software engineer, on a rotating basis to provide 24/7 standby support. Your operations personnel will be able to swiftly contact a
team member by phone (within a 30-minute window) for
immediate troubleshooting of an operational issue.
If needed, we will be on-site within 4 hours to work
with your team. We will also implement monitoring that
includes automated alerts, proactive threat analysis,
and immediate incident response protocols. Our goal is
to minimize downtime, prevent potential breaches, and
ensure the continuous operation of your critical water
infrastructure.
In the event of an incident or anomaly, our team will be on standby to respond swiftly and efficiently. Our incident response protocol includes a predefined escalation
process, communication plan, and mitigation strategies to reduce operational impact. Our aim is to provide you with peace of mind, knowing that your systems are monitored
and protected.
Expectations / Deliverables:
» 24/7 maintenance support and response for SCADA
systems needs
» Rapid incident response with predefined escalation
procedures
» Regular incident reports and post-incident analysis
EXHIBIT "A" Exhibit "A" - 4
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CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 6
TRAINING AND KNOWLEDGE TRANSFER
Empowering your team is a core principle of our support services. We believe in equipping your staff with the skills and knowledge required to effectively manage, maintain, and troubleshoot SCADA systems. To achieve this, we will work with your team to identify systems and technologies that the operations and technical staff need additional knowledge transfer and training on. We will then develop and submit an outline that will focus on bridging the
knowledge gap. Once the outline is approved, we will
develop training material which includes operations and maintenance (O&M) manuals, step-by-step instructions and how-to videos that will be used as a basis for our training sessions.
These hands-on training sessions will be tailored to your team’s needs and will include educational resources and documentation. Our goal is to facilitate knowledge transfer, ensuring that your personnel can confidently handle day-today operations and respond to common issues.
Expectations / Deliverables:
» Hands-on training sessions and educational resources
for staff development
» A knowledge transfer plan outlining ongoing training
and support
COST-EFFECTIVE SOLUTIONS
We understand the importance of fiscal responsibility.
Our pricing structure is designed to provide transparency, ensuring there are no hidden fees or unexpected costs. We will work with you on developing task orders that include services that are absolutely needed. Additionally, with our comprehensive rate structure and classifications we will identify the appropriate professionals that will address your needs, but that are also cost effective. Our services are customizable, allowing you to choose services that
align with your budget while maintaining the highest level of service, quality, and performance.
Mr. Ibrahim and Mr. Pham will work closely with you to
optimize costs while maximizing the efficiency of your
SCADA investments. This includes regular reviews of your support plan to identify areas where cost savings can be achieved without compromising the quality of service.
Expectations / Deliverables:
» A clear and transparent pricing structure
» A cost-effective support plan that aligns with your
budgetary goals
» Customizable services and solutions with options/
alternatives that fit your budget
COLLABORATIVE PARTNERSHIP
Our engagement with the City of Banning is viewed as a
long-term partnership built on trust, collaboration, and responsiveness. We are dedicated to adapting to your
evolving needs, remaining at the forefront of technological advancements, and continuously enhancing our support
services to meet the dynamic demands of your critical
infrastructure.
To foster collaboration and pivot with any fluctuation
in service needs, schedules and transition plans will be developed together once a task is assigned. We will also establish regular communication channels and feedback
sessions. These sessions will provide an opportunity for both teams to exchange insights, address concerns, and
ensure alignment with the City of Banning’s evolving
requirements. Additionally, periodic reviews of our services will be conducted to ensure satisfaction and identify areas for improvement.
Expectations / Deliverables:
» Building a lasting and cooperative partnership
» Agile response to changing requirements and
challenges
» Regular reviews and feedback sessions to ensure
satisfaction and continuous improvement
EXHIBIT "A" Exhibit "A" - 5
464
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 7 TETRA TECH, INC.
Founded in 1966 in Pasadena,
California, Tetra Tech has attracted the
best and brightest minds in science
and engineering, always focused on
delivering innovative solutions to our
clients’ most complex needs.
Today, Tetra Tech is a leading provider
of consulting and engineering services
with more than 28,000 associates
located in 550 offices worldwide.
Our reputation as a leader in the
engineering industry, developing
effective solutions to constantly
changing, complex engineering
challenges, is backed by consistent
accolades. Tetra Tech has led the
industry in electrical and control
systems and SCADA designs for more
than 35 years. EC&M magazine ranks
Tetra Tech 4th among the largest
electrical and controls engineering
groups in North America.
Depth of Resources. Our local team
we propose for this work is backed by
over 1,300 SCADA professionals, with
over 80 of those subject matter experts
(SMEs) based locally in California.
Additionally, Tetra Tech has more than
275 municipal infrastructure experts
located throughout California and a
comprehensive library of complete inhouse resources that will address any task requested.
Tetra Tech understands the key
deliverables for this contract. Our
familiarity is key to ensuring the
highest uptime and availability of the
City of Banning’s infrastructure.
Our staff is familiar with the City’s
SCADA system and has decades of
experience designing complex control
system for these, and other facilities
gives Tetra Tech the breadth and
depth of knowledge to evaluate your
SCADA systems against best practices,
develop effective and robust solutions,
and provide the documentation,
training, and support necessary to
allow your staff to utilize your SCADA
system to its fullest capacity.
MEETING YOUR GOALS
The Tetra Tech team provides digital
water turn-key solutions from planning
to O&M. Our capabilities span the
total project life-cycle, allowing us
to develop and execute long-term
strategic solutions to increase
operational efficiencies.
BUILDING ON PAST
EXPERIENCE
Tetra Tech’s technical manager
James Pham has over three years of
experience working with the City of
Banning on the latest rounds of SCADA
Upgrades and provided 24/7 On-Call
SCADA Support Services through his
previous employer. Mr. Pham and his
team worked closely with operators and
City staff throughout the coordination
process of site installation, site
acceptance testing, designing HMI
graphics, and 24/7 support.
Our team of experts also includes
Greg Conley, one of the principal
software architects of the ONSITE
SCADA DCS product. Tetra Tech’s
proposed team will provide the City a
partner who has a zero-learning curve,
is well-versed in your SCADA system
and design standards, and will deliver
the quality integration and support the
City expects.
B. COMPANY INFORMATION
#4
58 TETRA TECH
BY THE NUMBERS
550
28,000
offices
worldwide years in business
Ranked by
EC&M for
Elect./I&C
global
personnel
240+
Tetra Tech
Southern California 8 Offices
task orders
over past
5 years
SCADA EXPERTS
3,500+
SCADA Projects
across the
Country
Local W/WW
Municipality
On-Call Rosters
25+
DEPTH OF INTEGRATION
ENGINEERS
Locally 80+
1,300+ Nationwide
SOUTHERN CALIFORNIA
PRESENCE
8 offices to
serve the City
of Banning
EXHIBIT "A" Exhibit "A" - 6
465
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 8
TECHNICAL CAPABILITIES AND SERVICES RELEVANT TO SCOPE OF WORK Tetra Tech’s capability within the water sector is
renowned, and that includes SCADA support and
maintenance. Our well-rounded, multi-discipline team
covers all aspects of the technical skills required for administering, maintaining, and supporting the City of
Banning’s Water and Wastewater SCADA system. As
shown by our experience and team member bios, our
expertise covers technical aspects such as SCADA, OT,
cybersecurity, communications, and control systems
design. Our teams’ experiences with peer utilities across Southern California along with in-depth knowledge
of industry best practice, vendors and products,
cybersecurity guidance, and the regulatory horizon, ensure a well-rounded, non-biased viewpoint to support and
provide project planning to modernize the City’s SCADA
infrastructure.
Tetra Tech is an experienced multi-discipline engineering firm that has decades of experience designing,
implementing, and supporting municipal SCADA systems
across the globe.
This requires Tetra Tech to be vendor independent and,
through this requirement, our staff has become SMEs with every major operational technology software and hardware platform on the market.
Our team’s experience, coupled with our understanding of the City of Banning’s people, processes, and technologies support the intelligent development of recommendations
and an implementation plan that will include a road map to improve processes, optimize operational efficiency,
reduce costs, and manage risks.
TETRA TECH BACKGROUND SNAPSHOT
Developing SCADA
Design, Implementation &
Cybersecurity Strategies
COMPANY HISTORY
35+
Years
CORPORATE HEADQUARTERS
3475 E. Foothill Blvd.
Pasadena, CA 91107
626.351.4664
TETRA TECH, INC.
Business Entity Status: C-Corporation
Delaware
Corporation
Primary Point of Contact
Amir Ibrahim
[email protected]
760.216.4122
170+
Years
CORPORATE
HEADQUARTERS
CA Based
Pasadena, CA 91107
TETRA TECH BACKGROUND SNAPSHOT
EST
1966
COMPANY HISTORY
35+
Years
CORPORATE HEADQUARTERS
3475 E. Foothill Blvd.
Pasadena, CA 91107
170+
Years
Combined Team’s SCADA
Experience
CORPORATE
HEADQUARTERS
Pasadena, CA
CITY OF
BANNING
8 offices to
serve the City
of Banning
Tetra Tech is independent of the
City as defined by the U.S. General
Accounting Office’s Government
Auditing Standards (1994).
EXHIBIT "A" Exhibit "A" - 7
466
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 9
COMPANY STABILITY
Tetra Tech, Inc. is publicly held and traded on the NASDAQ Exchange (symbol: TTEK). Since its initial public offering, the company has grown substantially, expanding its
markets, services, and clientele through internal growth and global acquisitions. Our revenue for FY2023 was more than $4.5 billion, and we ended 2023 with a strong line of credit to support future growth and expansion.
Tetra Tech has provided a response to the following
requests per the Request for Proposal:
Default or Termination On Agreements
Tetra Tech has not defaulted in its performance on an
agreement during the past five years which has led the
other party to terminate an agreement.
Pending Litigation, Liens or Claims
Involving Your Organization
In the normal course of business, Tetra Tech, Inc. is
subject to certain claims and lawsuits typically filed
against the engineering and consulting professions,
including contractual disagreements, workers’
compensation, personal injury and other similar lawsuits.
Tetra Tech maintains insurance coverage for its business and operations, subject to certain deductibles and policy limits against such claims. As described in Tetra Tech’s most recent quarterly and annual reports filed with the U.S. Securities and Exchange Commission, Tetra Tech
believes that the resolution of any such claims will not have a material effect on its financial position or results of operations.
Bankruptcy
Since inception, Tetra Tech, Inc. has never filed
for bankruptcy.
On- Call
SCADA Support
Providing Comprehensive
GE iFIX / Allen Bradley
Support
LA DEPARTMENT OF
WATER AND POWER
SCADA
Services
AVEVA / Schneider
Modicon PLCs
CITY OF SAN DIEGO
PUBLIC UTILITIES DEPARTMENT
On-Call SCADA
Supporting AVEVA /
Schneider Modicon PLCs
WATER REPLENISHMENT
DISTRICT
On-Call SCADA
Services
AVEVA, Keywest Radios,
Allen Bradley PLCs
CITY OF FULLERTON
Rinconada Water
Treatment Upgrade
GE iFIX/Modicon PLCs
SANTA CLARA VALLEY
WATER DISTRICT
TETRA TECH | 9
EXHIBIT "A" Exhibit "A" - 8
467
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 10 A TEAM YOU CAN TRUST!
Jonathan VanDerZee,
GICSP Joseph Delgadillo
Daniel
Delgadillo, EIT
Barry Kent, EIT
Craig Barnes, PE
Cybersecurity/OT Software Engineer Controls Engineers ONSITE Specialist Electrical Systems Greg Conley
James Pham Barry Kent, EIT
24/7 Support Team
Amir Ibrahim
Project Manager
Technical Manager
James Pham
I&C Engineer / EOR
Glen Rozak, PE
QA/QC
Vincent Rivera, PE
Panel Fabrication /
Instrumentation
David Espy, CISSP
Denotes Key Personnel
The above organizational chart identifies
the names and responsibilities of the
project staff and depicts our proposed
communication/reporting structure.
C. COMPANY PERSONNEL
Our project team is led by Tetra Tech and supported by SOFFA Electric for panel fabrication and instrumentation support on an as-needed basis. Proposed key professional staff are properly licensed to practice in California.
Biographies of our key and highlighted team members include current position, experience, and applicable professional credentials are provided on the following pages.
COLLABORATIVE AND EXPERIENCED TEAM
The success of this project depends heavily on the skills and experience of the team members and team leadership.
Therefore, we have selected a project management team and key technical leaders with extensive experience delivering integrated SCADA system planning and implementation across the US. Our team of national leaders continually push the industry toward new and modern solutions utilizing science and state-of-the-art technologies. Our collaborative team is committed to developing a successful SCADA Implementation Plan and is organized around providing maximum value to the City, providing:
☑ Local and experienced Allen-Bradley, Keywest,
Opto22, and ONSITE experts
☑ A team comprised of cyber and
operational technology experts
☑ A cohesive team that has experience
delivering quality projects together
☑ Innovative professionals who develop
cost-effective solutions for our clients
Joseph Delgadillo
A trusted Tetra Tech project
partner for over 6 years
EXHIBIT "A" Exhibit "A" - 9
468
Exhibit “A”-10
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.
IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 469
Exhibit “B”-1
11303-0008\2344655v8.doc
EXHIBIT “B”
SPECIAL REQUIREMENTS
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
470
Exhibit “B”-2
11303-0008\2344655v8.doc
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.
Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require 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 commencing the performance of the work of this contract.”
Date______________ Signature___________________________ 471
Exhibit “B”-3
11303-0008\2344655v8.doc
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
472
Exhibit “C”-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as attached as Exhibit C-1:
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 473
Exhibit “C-1”-1
11303-0008\2344655v8.doc
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
474
Exhibit “C-1”-2
11303-0008\2344655v8.doc
475
Exhibit “C-1”-3
11303-0008\2344655v8.doc
476
Exhibit “C-1”-4
11303-0008\2344655v8.doc
477
Exhibit “D”- 1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule defined by City.
II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
478
Exhibit “D
-1”-1
11303-0008\2344655v8.doc
479
PROPOSAL FOR
RFP-23-054
SCADA
Maintenance
and Advisory Services
March 22, 2024
480
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | c Cover Letter
Title
Cover Letter ......................................................................................... 1
RFP SECTION
V.A
Page
481
March 22, 2024
City of Banning, Purchasing Division
99 East Ramsey Street | Banning, CA 92220
Attn: Barbara Mason, Purchasing Manager
Regarding: RFP-23-054 SCADA Maintenance and Advisory Services Ms. Mason and Members of the Selection Committee,
Tetra Tech is pleased to present this proposal to the City of Banning in response to RFP-23-054 SCADA Maintenance and Advisory Services.
Tetra Tech understands the City of Banning is looking for a reliable partner with extensive SCADA Integration and Support Services experience. We seek to provide solutions to support, maintain, and modernize the SCADA environment and strengthen the City’s Operational Technology (OT) cybersecurity posture.
The advancements and operational resiliency of the SCADA infrastructure will consistently maintain fresh and clean drinking water to ensure the public health, safety and welfare of the City’s residents.
As the reliance on SCADA systems grows in the modern world, so does the need for comprehensive support and protection. Our team at Tetra Tech is dedicated to ensuring the security, reliability, and efficiency of critical infrastructure systems, and we are excited about the opportunity to collaborate with the City of Banning in safeguarding its essential operations.
Our proposal outlines a tailored approach to SCADA support services that will enable the City of Banning to maintain the highest levels of performance while proactively mitigating risks and vulnerabilities. We are committed to delivering outstanding services that align with City of Banning’s unique requirements and goals.
As you review our qualifications, please note the following features which set our team apart and provide greater value to you:
• Expertise and Experience: With 170 years of combined experience in SCADA support, our team is comprised of seasoned professionals who have successfully managed and secured critical water infrastructure across highprofile Southern California clients. We understand the intricacies of the City of Banning’s SCADA hardware/software and evolving challenges in this field, making us well-equipped to address the City’s specific needs. • Customized Solutions: We believe in tailored solutions. Our approach involves a thorough assessment of your existing SCADA infrastructure, risk analysis, and the development of a customized support plan that ensures system uptime, compliance, and resilience.
• Security and Compliance: In an era of increasing cybersecurity threats, we prioritize the security of your SCADA system. Our personnel are deeply involved in collaborating with federal agencies to define the security guidelines for protecting water infrastructure. With extensive knowledge and experience, our team of experts will implement robust cybersecurity measures, conduct regular vulnerability assessments, and prepare for compliance based on NIST/CISA and Water Risk and Resilience Organization (WRRO) industry standards and guidance.
Corporate Headquarters:
Tetra Tech, Inc.
3475 E. Foothill Blvd.
Pasadena, CA 91107
www.tetratech.com
IDENTIFICATION OF
RESPONSIBLE PROPOSER:
Amir Ibrahim
Operating Unit Manager
[email protected]
Phone 760.216.4122
Fax 626.351.4664
TETRA TECH | 1
Tetra Tech is a
leading, global provider
of consulting and
engineering services.
We are differentiated
by Leading with
Science®
to provide
innovative technical
solutions to our
clients. We support
global commercial
and government
clients focused on
water, environment,
infrastructure, resource
management, energy,
and international
development. With
28,000 employees in
550 offices worldwide,
Tetra Tech provides
clear solutions to
complex problems.
482
• 24/7 Support and Response: The City of Banning can count on us around the clock. Our team provides monitoring, real-time threat detection, and rapid incident response to minimize downtime and protect against potential disruptions. • Training and Knowledge Transfer: We are committed to empowering your staff with the necessary skills to manage and maintain City of Banning’s SCADA system effectively. Our training programs will ensure your team can operate with confidence.
• Cost-Effective Solutions: We understand the importance of fiscal responsibility. Our proposal offers cost-effective services that maximize the value of your investment in critical infrastructure support. • Collaborative Partnership: We view this engagement as a long-term partnership. Our team will work closely with the City of Banning to adapt to the City’s evolving needs, provide ongoing support, and remain responsive to feedback.
• Ability to Provide All Aspects of RFP-23-054: Tetra Tech’s goal with this proposal is to demonstrate our years of experience, highly-successful local experts, and a deep and talented bench of national staff. We are confident this team has all the expertise and available resources to deliver all aspects of RFP-23-054 for the City of Banning.
The bottom line is Tetra Tech will provide the City of Banning with quality service that meets expectations and standards. Our team is responsive and knowledgeable. We listen to input and preferences, and deliver sound, costeffective guidance and solutions. As you read through our proposal, we trust we will convey our excitement about contributing to the success and resilience of the City of Banning critical infrastructure through our detailed approach, methodology, and pricing structure. The price proposal included will remain valid for a period of at least 120 days from submittal.
We are in receipt of Addenda No. 1, dated February 27, 2024 and the City’s responses to questions issued March 7, 2024.
As operating unit manager for Tetra Tech, I confirm that I have the authority to negotiate a contract with the City on behalf of Tetra Tech and we are willing to enter into a contract under the terms and conditions prescribed by RFP-23- 054 and in the Sample Agreement. I attest that all information submitted in this proposal is true and correct and there are no current or pending disciplinary actions against Tetra Tech or any of the proposed team members.
Respectfully submitted for our team,
Tetra Tech, Inc.
Amir Ibrahim
Project Manager, Operating Unit Manager
[email protected]
PREREQUISITES MET:
` 55+ years consecutive
experience as Tetra
Tech, Inc.
` 35+ years experience
providing SCADA
engineering services
` Not filed for bankruptcy
under any business
name in past 5 years
` Registered as a
Prospective Bidder on
OpenGov (formerly
ProcureNow)
` Attended the NonMandatory Proposal
Meeting on 2/20/2024
` Licensed to conduct
business in California
` Engineers licensed in
California
` Active and in good
standing with the CSLB,
License #551555
CERTIFICATIONS HELD
March 22, 2024
TETRA TECH | 2 483
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | c Proposal
Title
Proposal ..............................................................................................3 A. Statement of Understanding and Approach.................3 B. Company Information.................................................... 7 C. Company Personnel...................................................... 10 D. Disclosure..................................................................... 15 E. Experience and References......................................... 16
RFP SECTION
V.B
Page
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CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 3
PROPOSAL
A. STATEMENT OF UNDERSTANDING AND APPROACH
Centrally located between Inland Empire and Coachella Valley, the vibrant City of Banning boasts a storied past entrenched in agricultural heritage and railroad development. Bolstered by abundant water resources and a diverse socioeconomic landscape, the City anticipates burgeoning growth in both commercial ventures and residential expansions. The city’s water and wastewater systems stand as testaments to meticulous planning, featuring sophisticated monitoring mechanisms and robust distribution networks engineered to cater to the current populace and future projections alike.
As the City concludes its upgrade to incorporate the technologies of ONSITE, Keywest Radios, and Opto22 PLCs, a strategic partnership is sought to uphold the integrity of the existing infrastructure while facilitating its seamless evolution. Tetra Tech is poised to serve as the steward of the city’s SCADA ecosystem, offering comprehensive maintenance solutions and invaluable advisory services to navigate the transition towards open and standardized technologies.
With a commitment to excellence, Tetra Tech pledges to furnish the City of Banning with actionable recommendations, strategic prioritization, and transformative modernization initiatives. Acting as the city’s dedicated SCADA advocate and an extension of its staff, we will deliver unparalleled design and review services that fortify operational resilience and elevate cybersecurity standards.
STAFFING EXPERTISE AND EXPERIENCE
Our team’s expertise and experience are foundational to our approach. We begin by assembling a dedicated team
of seasoned professionals that includes multiple State
of California registered engineers, SCADA/Automation,
cybersecurity, and operational technology specialists −all with in-depth knowledge of SCADA systems. Our team has
over 170 years collectively working on water/wastewater projects. As part of our team, we have included SOFFA
Electric who has been in business in Southern California for since 1972. Tetra Tech has worked with SOFFA
on SCADA projects for over 6 years and they will be
responsible for providing control panel fabrication and instrumentation support.
Our team’s comprehensive understanding of SCADA
systems encompasses a wide range of industries,
ensuring we can adapt our approach to meet the specific requirements of the City of Banning.
To kick-start the engagement, we will conduct an initial consultation and assessment phase. During this phase,
Mr. Amir Ibrahim, project manager, and the Tetra Tech
team of experts will engage with your team to gain
an intimate understanding of your existing SCADA
infrastructure. We will review schematics, programming, SCADA graphics, documentation, and interview key
personnel to assess the systems’ current state and
identify areas that require support or improvement. This phase is critical for establishing baseline services and allows us to develop a comprehensive support strategy
tailored to your unique infrastructure.
Expectations / Deliverables:
» A dedicated team of experts with a combined 170
years of experience
» An assessment report outlining the current state of
your SCADA infrastructure
» In-depth discussions and knowledge sharing with your
personnel to understand your operational context
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City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 4
IMPLEMENTATION PLAN & PROJECT
MANAGEMENT
We understand that proper project management is the
primary driver for organizing, deploying, and executing a successful project. Our project management approach
is based on defining the upfront requirements for the
task and then developing a scope of work based on the
requirements. Using the scope of work and provided
task order, we will then turnaround a proposal that will include the scope, our project approach, proposed staffing, materials, budgetary estimates, and a timeline for delivery.
Within our proposal we will also include what may be
needed from the City, assumptions, and risks that are
associated with the task. Prior to starting on any task, we will expect a fully executed task authorization. Once the authorization is in place, we will schedule a collaborative kick-off meeting to begin successful execution of the task.
During the execution of the project our team will engage in frequent communication to update management
and the assigned team on the status of progress.
These updates include identifying any technical issues, resourcing issues, scheduling, and quality issues. This allows for our team to adjust our approach without
sacrificing execution or quality.
Our project management philosophy is to act as an
extension of your staff with a focus on communication,
coordination, administration, and execution.
QUALITY ASSURANCE
Our team understands that a project is only successfully delivered when the product adheres to Tetra Tech’s
internal quality standards. To ensure quality standards, each task is developed based on Tetra Tech SCADA,
electrical, instrumentation and controls, and cybersecurity standards and practices.
Additionally, each project and task are reviewed for quality, functionality, and conformity by the assigned QA/QC
engineer, Mr. Vincent Riviera, PE. In this role, Mr. Riviera will work closely with the development team to ensure
that Tetra Tech’s development standards and protocols
are being applied and put into practice. Additionally
prior to final product delivery to the City, we will hold multiple acceptance testing workshops with the City so
all stakeholders are able to quality check the functionality prior to final acceptance and deployment. Considering the QA/QC engineer reports directly to the project manager, management is always informed of quality concerns so
that corrective action can be taken immediately. This
allows for designs and products to be delivered to the
client error free.
TASK 1: TASK 2: TASK 3: TASK 4:
TASK 5: TASK 6: TASK 7:
Task Order
Initiation
Data
Research Coordination Draft Proposal
Project
Implementation
Task Order
Authorization
Final Proposal
& Work Plan
Receive request from the
City; Review available
information and discuss with
City engineers and operators.
Based on QA/QC and team
input on Draft Proposal
documents and pricing
review, the final proposal
will be prepared and
submitted to the City.
The program manager, task
manager, and selected team
will prepare a draft proposal
for review by internal team
and by QA/QC.
Coordinate with stakeholders
(City engineers, staff, endusers, third-party); Perform job-walk (if needed).
Prepare plans, reports,
estimates, specifications,
documentation and other
items as required in the SOW.
Obtain and review documents
that are pertinent to the Task
Order, such as preliminary
investigations, due diligence,
and research.
Upon receiving task
authorization from the City,
Determine project schedule;
Coordinate a project kick-off
meeting; Manage staff to
begin project execution.
Task Order Implementation Process
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CUSTOMIZED SOLUTIONS
Customization is the cornerstone of our approach.
Following the assessment phase, we will work closely
with your team to design tailored solutions that enhance the performance, reliability, and security of your SCADA systems. During this phase, our team will work closely
with Mr. Glen Rozak, PE, I&C engineer/Engineer of Record, to develop a customized support plan that aligns with
your operational objectives and water industry-specific requirements.
The customized support plan will include a detailed
roadmap for the implementation of our services. It will outline the specific strategies and methodologies we will employ to address the identified areas of improvement
and support.
Moreover, it will provide a timeline for the various phases of our engagement, ensuring a structured and transparent approach to our services.
Our team is committed to flexibility. We understand
that your infrastructure may evolve over time, and our
solutions will adapt accordingly. Regular communication and feedback loops will be established to ensure that
our customized support remains aligned with the City’s
evolving needs.
Expectations / Deliverables:
» Develop customized support plan tailored to your
SCADA infrastructure aligning with operational
objectives. This could include value-added services
described in Section V.D of this proposal.
» Recommend a roadmap outlining strategies,
methodologies, budgets, and timelines
» Regular communication and feedback mechanisms to
facilitate ongoing alignment
SECURITY AND COMPLIANCE
Security and compliance are paramount in the realm of
SCADA. Our commitment to securing your infrastructure
starts with a comprehensive security audit. We
will implement a robust cybersecurity framework
encompassing access controls, data encryption,
intrusion detection, and regular security audits to identify vulnerabilities.
Our compliance expertise further provides you with
assurance of regulatory adherence, making certain your
systems are aligned with industry standards.
Our team of cybersecurity experts, including David Espy CISSP, are well-versed in standards and guidelines from the AWIA, NIST, ISA/IEC 62443, DoD, and others. They will work diligently to ensure that your infrastructure complies with these requirements. This includes the implementation of necessary policies, documentation, and procedures to maintain a high level of security and compliance.
Expectations / Deliverables:
» Creation and implementation of a robust cybersecurity framework
» Documentation of policies and procedures to maintain
compliance with relevant industry standards and
regulations
» Regular security reports highlighting vulnerabilities and recommended actions
24/7 SUPPORT AND RESPONSE
Continuous monitoring and rapid incident response are
fundamental components of our support services. We
will assemble a dedicated team comprised of Mr. James
Pham, technical manager, Mr. Barry Kent, EIT, controls
engineer, and Mr. Joseph Delgadillo, software engineer, on a rotating basis to provide 24/7 standby support. Your operations personnel will be able to swiftly contact a
team member by phone (within a 30-minute window) for
immediate troubleshooting of an operational issue.
If needed, we will be on-site within 4 hours to work
with your team. We will also implement monitoring that
includes automated alerts, proactive threat analysis,
and immediate incident response protocols. Our goal is
to minimize downtime, prevent potential breaches, and
ensure the continuous operation of your critical water
infrastructure.
In the event of an incident or anomaly, our team will be on standby to respond swiftly and efficiently. Our incident response protocol includes a predefined escalation
process, communication plan, and mitigation strategies to reduce operational impact. Our aim is to provide you with peace of mind, knowing that your systems are monitored
and protected.
Expectations / Deliverables:
» 24/7 maintenance support and response for SCADA
systems needs
» Rapid incident response with predefined escalation
procedures
» Regular incident reports and post-incident analysis
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TRAINING AND KNOWLEDGE TRANSFER
Empowering your team is a core principle of our support services. We believe in equipping your staff with the skills and knowledge required to effectively manage, maintain, and troubleshoot SCADA systems. To achieve this, we will work with your team to identify systems and technologies that the operations and technical staff need additional knowledge transfer and training on. We will then develop and submit an outline that will focus on bridging the
knowledge gap. Once the outline is approved, we will
develop training material which includes operations and maintenance (O&M) manuals, step-by-step instructions and how-to videos that will be used as a basis for our training sessions.
These hands-on training sessions will be tailored to your team’s needs and will include educational resources and documentation. Our goal is to facilitate knowledge transfer, ensuring that your personnel can confidently handle day-today operations and respond to common issues.
Expectations / Deliverables:
» Hands-on training sessions and educational resources
for staff development
» A knowledge transfer plan outlining ongoing training
and support
COST-EFFECTIVE SOLUTIONS
We understand the importance of fiscal responsibility.
Our pricing structure is designed to provide transparency, ensuring there are no hidden fees or unexpected costs. We will work with you on developing task orders that include services that are absolutely needed. Additionally, with our comprehensive rate structure and classifications we will identify the appropriate professionals that will address your needs, but that are also cost effective. Our services are customizable, allowing you to choose services that
align with your budget while maintaining the highest level of service, quality, and performance.
Mr. Ibrahim and Mr. Pham will work closely with you to
optimize costs while maximizing the efficiency of your
SCADA investments. This includes regular reviews of your support plan to identify areas where cost savings can be achieved without compromising the quality of service.
Expectations / Deliverables:
» A clear and transparent pricing structure
» A cost-effective support plan that aligns with your
budgetary goals
» Customizable services and solutions with options/
alternatives that fit your budget
COLLABORATIVE PARTNERSHIP
Our engagement with the City of Banning is viewed as a
long-term partnership built on trust, collaboration, and responsiveness. We are dedicated to adapting to your
evolving needs, remaining at the forefront of technological advancements, and continuously enhancing our support
services to meet the dynamic demands of your critical
infrastructure.
To foster collaboration and pivot with any fluctuation
in service needs, schedules and transition plans will be developed together once a task is assigned. We will also establish regular communication channels and feedback
sessions. These sessions will provide an opportunity for both teams to exchange insights, address concerns, and
ensure alignment with the City of Banning’s evolving
requirements. Additionally, periodic reviews of our services will be conducted to ensure satisfaction and identify areas for improvement.
Expectations / Deliverables:
» Building a lasting and cooperative partnership
» Agile response to changing requirements and
challenges
» Regular reviews and feedback sessions to ensure
satisfaction and continuous improvement
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CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 7 TETRA TECH, INC.
Founded in 1966 in Pasadena,
California, Tetra Tech has attracted the
best and brightest minds in science
and engineering, always focused on
delivering innovative solutions to our
clients’ most complex needs.
Today, Tetra Tech is a leading provider
of consulting and engineering services
with more than 28,000 associates
located in 550 offices worldwide.
Our reputation as a leader in the
engineering industry, developing
effective solutions to constantly
changing, complex engineering
challenges, is backed by consistent
accolades. Tetra Tech has led the
industry in electrical and control
systems and SCADA designs for more
than 35 years. EC&M magazine ranks
Tetra Tech 4th among the largest
electrical and controls engineering
groups in North America.
Depth of Resources. Our local team
we propose for this work is backed by
over 1,300 SCADA professionals, with
over 80 of those subject matter experts
(SMEs) based locally in California.
Additionally, Tetra Tech has more than
275 municipal infrastructure experts
located throughout California and a
comprehensive library of complete inhouse resources that will address any task requested.
Tetra Tech understands the key
deliverables for this contract. Our
familiarity is key to ensuring the
highest uptime and availability of the
City of Banning’s infrastructure.
Our staff is familiar with the City’s
SCADA system and has decades of
experience designing complex control
system for these, and other facilities
gives Tetra Tech the breadth and
depth of knowledge to evaluate your
SCADA systems against best practices,
develop effective and robust solutions,
and provide the documentation,
training, and support necessary to
allow your staff to utilize your SCADA
system to its fullest capacity.
MEETING YOUR GOALS
The Tetra Tech team provides digital
water turn-key solutions from planning
to O&M. Our capabilities span the
total project life-cycle, allowing us
to develop and execute long-term
strategic solutions to increase
operational efficiencies.
BUILDING ON PAST
EXPERIENCE
Tetra Tech’s technical manager
James Pham has over three years of
experience working with the City of
Banning on the latest rounds of SCADA
Upgrades and provided 24/7 On-Call
SCADA Support Services through his
previous employer. Mr. Pham and his
team worked closely with operators and
City staff throughout the coordination
process of site installation, site
acceptance testing, designing HMI
graphics, and 24/7 support.
Our team of experts also includes
Greg Conley, one of the principal
software architects of the ONSITE
SCADA DCS product. Tetra Tech’s
proposed team will provide the City a
partner who has a zero-learning curve,
is well-versed in your SCADA system
and design standards, and will deliver
the quality integration and support the
City expects.
B. COMPANY INFORMATION
#4
58 TETRA TECH
BY THE NUMBERS
550
28,000
offices
worldwide years in business
Ranked by
EC&M for
Elect./I&C
global
personnel
240+
Tetra Tech
Southern California 8 Offices
task orders
over past
5 years
SCADA EXPERTS
3,500+
SCADA Projects
across the
Country
Local W/WW
Municipality
On-Call Rosters
25+
DEPTH OF INTEGRATION
ENGINEERS
Locally 80+
1,300+ Nationwide
SOUTHERN CALIFORNIA
PRESENCE
8 offices to
serve the City
of Banning
489
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 8
TECHNICAL CAPABILITIES AND SERVICES RELEVANT TO SCOPE OF WORK Tetra Tech’s capability within the water sector is
renowned, and that includes SCADA support and
maintenance. Our well-rounded, multi-discipline team
covers all aspects of the technical skills required for administering, maintaining, and supporting the City of
Banning’s Water and Wastewater SCADA system. As
shown by our experience and team member bios, our
expertise covers technical aspects such as SCADA, OT,
cybersecurity, communications, and control systems
design. Our teams’ experiences with peer utilities across Southern California along with in-depth knowledge
of industry best practice, vendors and products,
cybersecurity guidance, and the regulatory horizon, ensure a well-rounded, non-biased viewpoint to support and
provide project planning to modernize the City’s SCADA
infrastructure.
Tetra Tech is an experienced multi-discipline engineering firm that has decades of experience designing,
implementing, and supporting municipal SCADA systems
across the globe.
This requires Tetra Tech to be vendor independent and,
through this requirement, our staff has become SMEs with every major operational technology software and hardware platform on the market.
Our team’s experience, coupled with our understanding of the City of Banning’s people, processes, and technologies support the intelligent development of recommendations
and an implementation plan that will include a road map to improve processes, optimize operational efficiency,
reduce costs, and manage risks.
TETRA TECH BACKGROUND SNAPSHOT
Developing SCADA
Design, Implementation &
Cybersecurity Strategies
COMPANY HISTORY
35+
Years
CORPORATE HEADQUARTERS
3475 E. Foothill Blvd.
Pasadena, CA 91107
626.351.4664
TETRA TECH, INC.
Business Entity Status: C-Corporation
Delaware
Corporation
Primary Point of Contact
Amir Ibrahim
[email protected]
760.216.4122
170+
Years
CORPORATE
HEADQUARTERS
CA Based
Pasadena, CA 91107
TETRA TECH BACKGROUND SNAPSHOT
EST
1966
COMPANY HISTORY
35+
Years
CORPORATE HEADQUARTERS
3475 E. Foothill Blvd.
Pasadena, CA 91107
170+
Years
Combined Team’s SCADA
Experience
CORPORATE
HEADQUARTERS
Pasadena, CA
CITY OF
BANNING
8 offices to
serve the City
of Banning
Tetra Tech is independent of the
City as defined by the U.S. General
Accounting Office’s Government
Auditing Standards (1994).
490
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 9
COMPANY STABILITY
Tetra Tech, Inc. is publicly held and traded on the NASDAQ Exchange (symbol: TTEK). Since its initial public offering, the company has grown substantially, expanding its
markets, services, and clientele through internal growth and global acquisitions. Our revenue for FY2023 was more than $4.5 billion, and we ended 2023 with a strong line of credit to support future growth and expansion.
Tetra Tech has provided a response to the following
requests per the Request for Proposal:
Default or Termination On Agreements
Tetra Tech has not defaulted in its performance on an
agreement during the past five years which has led the
other party to terminate an agreement.
Pending Litigation, Liens or Claims
Involving Your Organization
In the normal course of business, Tetra Tech, Inc. is
subject to certain claims and lawsuits typically filed
against the engineering and consulting professions,
including contractual disagreements, workers’
compensation, personal injury and other similar lawsuits.
Tetra Tech maintains insurance coverage for its business and operations, subject to certain deductibles and policy limits against such claims. As described in Tetra Tech’s most recent quarterly and annual reports filed with the U.S. Securities and Exchange Commission, Tetra Tech
believes that the resolution of any such claims will not have a material effect on its financial position or results of operations.
Bankruptcy
Since inception, Tetra Tech, Inc. has never filed
for bankruptcy.
On- Call
SCADA Support
Providing Comprehensive
GE iFIX / Allen Bradley
Support
LA DEPARTMENT OF
WATER AND POWER
SCADA
Services
AVEVA / Schneider
Modicon PLCs
CITY OF SAN DIEGO
PUBLIC UTILITIES DEPARTMENT
On-Call SCADA
Supporting AVEVA /
Schneider Modicon PLCs
WATER REPLENISHMENT
DISTRICT
On-Call SCADA
Services
AVEVA, Keywest Radios,
Allen Bradley PLCs
CITY OF FULLERTON
Rinconada Water
Treatment Upgrade
GE iFIX/Modicon PLCs
SANTA CLARA VALLEY
WATER DISTRICT
TETRA TECH | 9 491
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 10 A TEAM YOU CAN TRUST!
Jonathan VanDerZee,
GICSP Joseph Delgadillo
Daniel
Delgadillo, EIT
Barry Kent, EIT
Craig Barnes, PE
Cybersecurity/OT Software Engineer Controls Engineers ONSITE Specialist Electrical Systems Greg Conley
James Pham Barry Kent, EIT
24/7 Support Team
Amir Ibrahim
Project Manager
Technical Manager
James Pham
I&C Engineer / EOR
Glen Rozak, PE
QA/QC
Vincent Rivera, PE
Panel Fabrication /
Instrumentation
David Espy, CISSP
Denotes Key Personnel
The above organizational chart identifies
the names and responsibilities of the
project staff and depicts our proposed
communication/reporting structure.
C. COMPANY PERSONNEL
Our project team is led by Tetra Tech and supported by SOFFA Electric for panel fabrication and instrumentation support on an as-needed basis. Proposed key professional staff are properly licensed to practice in California.
Biographies of our key and highlighted team members include current position, experience, and applicable professional credentials are provided on the following pages.
COLLABORATIVE AND EXPERIENCED TEAM
The success of this project depends heavily on the skills and experience of the team members and team leadership.
Therefore, we have selected a project management team and key technical leaders with extensive experience delivering integrated SCADA system planning and implementation across the US. Our team of national leaders continually push the industry toward new and modern solutions utilizing science and state-of-the-art technologies. Our collaborative team is committed to developing a successful SCADA Implementation Plan and is organized around providing maximum value to the City, providing:
☑ Local and experienced Allen-Bradley, Keywest,
Opto22, and ONSITE experts
☑ A team comprised of cyber and
operational technology experts
☑ A cohesive team that has experience
delivering quality projects together
☑ Innovative professionals who develop
cost-effective solutions for our clients
Joseph Delgadillo
A trusted Tetra Tech project
partner for over 6 years
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TEAM MEMBERS
RELATED
EXPERIENCE
Amir Ibrahhim Project ManagerJames Pham Technical ManagerGlen Rozak, PE I&C Engineer/EORJonathan VanDerZee Cybersecurirty / OTJoseph Delgaldillo Software Engineer Daniel Delgaldillo, EIT Controls EngineerCraig Barnes, PE Electrical SystemsVincent Rivera, PE QA/QCGreg Conley ONSITE Specialist Experience Modifying Similar
Systems
n n n n n n n n n
10+ Years Experience n n n n n n n
Mission Critical PLC/SCADA/HMI n n n n n n n n
Configuration & Programming n n n n n n n n
Operator Interface
Programming n n n n n n n n
HMI Programming n n n n n n n n
Industrial Process Data Admin n n n n n n n n
Common Programming
Languages
n n n n n n n n
Operating System (OS) Admin
Experience n n n n
Server and Workstation Admin
Experience n n n n
Networking & Cybersecurity n n n n
Telemetry & Field
Communications n n n n n n
Wireless & Satellite
Communications n n n n n n
Electrical and I&C Design n n n n n
Installation & Maintenance n n n n n n
Layout, Fabrication,
Installation, & Commissioning n n n n n n
Experience Working on Live
In-Production Systems n n n n n n n n n
Ability to Understand and
Follow City Standards n n n n n n n n n
Tetra Tech staff are
system integrators
and engineers with
extensive background
on providing operations
support for SCADA
infrastructure and
developing solutions
to improve system
reliability, reducing
maintenance and
providing operations the
information required to
operate your facilities.
Our implementation
experience includes (but
is not limited to) the
following PLC platforms:
Opto 22, Allen Bradley,
Schneider, Siemens,
Koyo, and Emerson.
Our HMI platform
experience includes
Systems Integrated
ONSITE, AVEVA System
Platform, Factory Talk,
iFIX, SIMATIC, Ignition,
VTScada, Emerson
Ovation, and DeltaV.
KEY TEAM MEMBER COLLABORATION MATRIX
Tetra Tech’s key team members have collaborated on the planning and implementation of dozens of SCADA related services throughout the globe. The collaboration matrix below includes our key team members for this project, relevant projects included in this proposal, as well as additional experience. Biographies are included on the following pages to show our expertise and previous experience on similar projects. 493
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 12 Amir Ibrahim
Project Manager
760.216.4122
Relevance/Relevant Experience:
` Water Replenishment District (WRD), SCADA On-Call: Project Manager for SCADA implementation on AVEVA HMIs and Modicon PLCs
` SDPUD, SCADA On-Call: Automation Specialist for SCADA implementation (AVEVA & Modicon) ` LADWP, Water Engineering Technical Support (WETS), Project Manager for several SCADA implementation projects
` LADWP, Owens Lake SCADA/PLC, On-Call SCADA services manager James Pham
Technical Manager
714.651.8402
Relevance/Relevant Experience:
` City of Banning (via prev. employer): Implement OT Design/Build Services for SCADA System upgrade and 24/7 On-Call Support
` City of Fullerton: SCADA Master Plan and 24/7 On-Call SCADA Support ` Toho Water Authority: Critical Vulnerabilities Assessment and Water/Wastewater SCADA Master Planning covering 25 WTP/WRF and over 600 lift stations ` Water Replenishment District (WRD): OT Specialist for SCADA On-Call Support; Architect LVL and CIS OT equipment upgrade to support System Platform 2023.
Mr. Pham bring extensive knowledge in IT/OT/SCADA/cybersecurity master planning, system design, implementation, and maintenance for water, wastewater, hydroelectric power, and government industries. He has worked with municipalities nationwide through the process of SCADA/ICS modernization and digital transformation by using virtualization, hyperconvergence, and maintaining cybersecurity compliance with guidance and regulations from the AWIA, NIST, CISA, NERC, and DoD.
Glen Rozak, PE
I&C Engineer / Engineer-of-Record
858.740.0960
Relevance/Relevant Experience:
` San Diego Public Utilities Department: Instrumentation and Controls Lead. Responsible for the Upgrade, Planning and Maintenance of all SCADA and PLC Infrastructure ` Olivenhain MWD: Developed Preliminary Design Report and issuance of Design Spec. for Migration of 42 “End-Of-Life” Allen Bradley SLC PLC’s to CompactLogix ` LADWP: Instrumentation and Controls Lead responsible for multi-year SCADA engineering, programming services, and master planning contracts; Developed required specifications, control systems standards planning, software architecture, design, and documentation Mr. Rozak has been a registered Professional Engineer in California with extensive local SCADA experience. He has successfully delivered multiple SCADA programming projects with several different PLC/HMI platforms including Rockwell Automation RSLogix 5/500/5000, Rockwell Automation FactoryTalk View SE/ME, Schneider Electric Unity Pro, GE iFIX, and AVEVA InTouch.
Mr. Ibrahim has 20+ years of executing and managing water treatment and distribution SCADA projects in Southern California. His in-depth experience includes standards development, design, deployment, start-up, commissioning, and maintenance of automated controls systems. He provides an expansive understanding of software and hardware building block design for industrial control system applications.
YEARS OF EXPERIENCE: 22
YEARS OF EXPERIENCE: 13
YEARS OF EXPERIENCE: 31
Professional Engineer:
California, CS7554
(Control Systems)
Project Manager for several
Local SCADA On-Call
Contracts
Past experience providing
SCADA Integration to the City
494
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 13 Barry Kent, EIT
Automation & 24/7 Support
619.807.9519 Relevance/Relevant Experience:
` WRD, SCADA On-Call: Automation Engineer for SCADA implementation on AVEVA HMIs and Modicon PLCs
` LADWP, Water Engineering Technical Support (WETS), Automation Engineer for several SCADA implementation projects
` LADWP, Owens Lake SCADA/PLC, Automation Engineer for SCADA On-Call projects Mr. Kent is a senior level automation engineer, specializing in controls and software engineering. Milestone/goal oriented, well organized, competent and detail oriented.
Expertise in Programmable Logic Controllers (PLC), Supervisory Control and Data Acquisition (SCADA) and network architecture/design. Industry experience in water utilities, commercial manufacturing, power plant controls, marine systems, design, through final documentation.
Daniel Delgadillo, EIT
Controls Engineer
626.560.8148
Relevance/Relevant Experience:
` LADWP, Water Engineering Technical Support (WETS), Automation/Project Engineer for several SCADA implementation projects
` LADWP, Owens Lake SCADA/PLC, Automation Engineer for SCADA On-Call projects ` City of Fullerton: Main Plant PFAS Controls Engineer programming, testing, and commissioning of Allen Bradley PLC and PanelView OIT
Mr. Delgadillo is an electrical engineer and automation professional with 7 years of experience in automation/controls engineering and electrical design. He has designed, documented, and maintained SCADA and control system standards including documentation such as control narratives, functional descriptions, O&M manuals, IO lists, process procedures, and test plans. He also has extensive startup and commissioning experience for multiple projects.
Greg Conley
ONSITE Specialist
619.813.9316
Relevance/Relevant Experience:
` Metropolitan Water District of Southern California: Control System Replacement to ONSITE and its support since 1996
` Elsinore Valley Municipal Water District: Automation of lift stations, W/WW treatment plants using ONSITE, Allen Bradley PLCs, and Proxim radios
` LADWP Castaic Hydroelectric Power Plant: Automation of the 7-unit pumped-storage hydroelectric plant using ONSITE since 2009
Mr. Conley provides over 34 years of systems interface and control system upgrade experience locally in Southern California and throughout the Country. He is a specialist low voltage, instrumentation, network, computer, and software design expertise necessary to automate OT/ICS infrastructure. Mr. Conley was one of the principal software architects responsible for the design, development, and programming of the ONSITE SCADA DCS product and its application programing interface (API).
YEARS OF EXPERIENCE: 34
YEARS OF EXPERIENCE: 34
YEARS OF EXPERIENCE: 7
Engineer-in-Training:
California, 17-063-93
Past Automation and 24/7
ONSITE Support Services
Past Automation and 24/7
AVEVA Support Services
495
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 14 David Espy, CISSP
Cybersecurity/OT Lead
719.966.9550
Relevance/Relevant Experience:
` Seattle Public Utilities: Lead the current SCADA Master Plan efforts to identify Utility goals, objectives, and functional requirements and develop a forward-looking plan and project road map. ` Houston Cybersecurity: Project scope includes assessment of SCADA cyber assets to conform to current cybersecurity best practices and guidance, to develop a secure architecture to support SCADA, and develop upgrades existing network infrastructure.
Jonathan
VanDerZee, GICSP
Cybersecurity/OT
720.434.9601
Relevance/Relevant Experience:
` City of San Diego Public Utilities Department: Lead the efforts of virtualizing obsolete physical servers to modern virtual servers; deploying 4G modems and creating private tunnels between sites; conducting cybersecurity vulnerabilities assessment for the SCADA network at each facility. ` Wayne County: Leading the efforts to create a Cloud SCADA system using Azure, GE iFIX, and CradlePoint 4G modems.
` Registrations/Certifications: GIAC GICSP, VMware VCP-DCV, AWS Certified Cloud Practioner, CompTIA Secure Infrastructure Specialist, CompTIA A+, CompTIA Security+, CompTIA Network+ Mr. VanDerZee is a driven professional with over 18 years IT, OT, Cyber experience, including ICS engineering & design, security, and integration following industry recognized guidelines for critical infrastructure.
Mr. Espy is the National Operational Technology Practice Leader at Tetra Tech and has more than 28 years of combined Information Technology and Operational Technology experience.
He is a Certified Information Systems Security Professional (CISSP) specializing in all aspects of operational technology cybersecurity for the water sector. He also has extensive experience in OT architecture design, implementation, commissioning, and SCADA Master Planning.
Vincent Rivera, PE
QA/QC (SCADA)
714.655.2158
Relevance/Relevant Experience:
` LADWP WINS: Lead Design Manager/System Architect for LADWP Digital Water Transformation initiative to aggregate, analyze and visualize all water system data. ` LADWP Standards Development: Lead I&C Engineer for Standards and procedures development for SCADA PLC and HMI
Mr. Rivera is a recognized leader in PLC Design and Instrumentation & Controls. Mr. Rivera has over 30 years of experience in system integration, process design, and instrumentation and control system engineering. Prior to his work at Tetra Tech, he was a lead design manager for Los Angeles Department of Water and Power (LADWP). Over his 15 year tenure with LADWP, he led several Allen-Bradley PLC replacement programs on their behalf.
YEARS OF EXPERIENCE: 28
YEARS OF EXPERIENCE: 18
YEARS OF EXPERIENCE: 32
Professional Engineer:
California, M29596
Certified Information Systems
Security Professional Certified
Global Industrial Cyber
Security Professional Certified
496
CITY OF BANNING RFP-23-054
SCADA Maintenance and Advisory Services TETRA TECH | 15
PROJECT TEAM EXPERIENCE WORKING TOGETHER
Customer/
Location
Facility/
Dates Project/Project Description Amir
Ibrahim
Glen
Rozak
Joseph
Delgadillo
James
Pham
Vincent
Rivera
Craig
Barnes
Daniel
Delgadillo
Barry
Kent
City of Fullerton,
CA
November 2023
to Present
Main Plant PFAS and On-Call Support & Maintenance
•PLC programming and troubleshooting of Allen Bradley PLCs •HMI development on AVEVA System Platform
• Support of Keywest Networks 5GHz, GE/MDS Orbit, and MDS iNET (legacy) radios •OT support of servers, workstations, virtualization
• Capital improvement project recommendations to upgrade and modernize OT/ICS n n n n n n n
Santa Clara Valley
Water District/San
Jose, CA
Rinconada
Water
Treatment
Plant
2019 to Present
Rinconada Phase 2, and Phase 3-6 Completion
• Construction Management Support
•Overseeing upgrade of existing Modicon PLC and GE iFIX SCADA PLC-based network and infrastructure
•Phase 3-6 Construction Management: Active In Progress
n n n n n
Water
Replenishment
District,
Lakewood, CA
On Call SCADA
Support, 2021
to Present
On-Call PLC and SCADA Support & Maintenance
• Schneider Modicon PLC development, programming, and troubleshooting •Providing consultation for upgrading treatment plant from Modicon Quantum PLC’s to migration to M580
•HMI development on AVEVA Systems Platform and InTouch
•OT troubleshooting and support of physical/virtual servers, firewalls, and backups. • Systems Integration on Capital Improvement Projects
• Startup and Commissioning - On-Call 24 x 7 support
• Systems integrator for treatment plant Injection Well Capital Improvement Project. n n n n n
City of San Diego,
CA
On Call Support
2021 to Present
Raw Water, Water Treatment & Distribution:
•Install and configure the SCADA development software within a clustered VM environment
•Wonderware and Dynac SCADA System Platform programming for data acquisition and process control
•Modicon PLC programming to interface with field instrumentation via TCP/IP and MODBUS
• Cyber Security Vulnerability Assessment
•Radio Telemetry Network Configuration and Support 900MHz Licensed and Cellular
n n n
Los Angeles Dept.
of Water and
Power (LADWP)/
Los Angeles, CA
Owens Lake
Dust Mitigation
Project
2003 to Present
Owens Lake SCADA Standardization Project:
• SCADA system development and modernization, control system philosophies development and control narrative definitions, standardization of PLC and HMI software programming development
n n n n n n n
LADWP/Los
Angeles, CA
Owens Lake
Dust Mitigation
Project
2003 to Present
Owens Lake Dust Mitigation SCADA Support & Maintenance:
•Onsite programming, troubleshooting and support of the Owens Lake SCADA (iFIX and AB PLCs), telemetry system (Remote IO, fiber network, wireless radios), and process instrumentation
n n n n n n n
LADWP/Los
Angeles, CA
Various Metro
Locations
2003 to Present
Capital Improvement Projects:
• Serving as Water Engineering and Technical Service in-house controls system consultant since 2003, assisting in I&C engineering, software and software standards development, training, PM, start-up and commissioning n n n n n n
LADWP/Los
Angeles, CA
Various Metro
Locations
2003 to Present
Los Angeles Water System & Data Acquisition Control (LAWSDAC):
•Upgrade iFIX SCADA, deployment of OTLAN, Enterprise Historian and OSI Pi server, migrating and upgrading graphics, databases, I/O drivers, and custom applications
n n n n n n
LADWP/Los
Angeles, CA
Various Metro
Locations
2003 to Present
Engineering Control Systems Standards Development:
• Control system hardware and software design standardization for Rockwell Automation and GE iFIX based systems, onsite startup, commissioning, and testing
n n n n n n
D. DISCLOSURE
Tetra Tech affirms that no member of the proposed
team has any past or current personal connection or
private business relationship with any current Banning
elected official, appointed official, City employee, or family member of any current Banning elected official,
appointed official, or City employee.
Tetra Tech Rankings
#
1 Treatment/
Desalination
#
1 Water
For 20 years
#
2 Sewer &
Water
#
4 Top 500
Design Firms
#
6 Sanitary &
Storm Sewers
497
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 16 E. EXPERIENCE AND REFERENCES
Tetra Tech’s portfolio includes
hundreds of projects involving
implementation, master plans, and
support of SCADA systems for water
municipalities. Our team is experienced
with providing cybersecurity/OT
assessments, control system design,
system integration and providing 24/7
support services.
Our project experience is focused
on providing our clients a long-term
partner for SCADA Implementation
support services.
We have included the table below and
on the following pages to highlight
our project and/or contract experience
within the last five years.
We believe these projects are similar
to the SCADA Implementation services
anticipated by the City of Banning’s
Public Works Department.
Project profiles for select similar
projects are located on the following
pages. These include team member
roles, agency, and project manager.
Over 35 Years Developing SCADA Systems & Full-Cycle SCADA Support
PROJECT NAME
OWNER , LOCATION
VALUE
(TO
DATE)
DURATION
SCADA ImplementationCybersecurity/OTSystems IntegrationControl System DesignPLC ProgrammingSCADA OptimizationAVEVA Allen-Bradley Startup & Commissioning24/7 Support On-Call ServicesWater Utility
ON-CALL SCADA SERVICES,
MAINTENANCE, AND SUPPORT,
FULLERTON, CA
$150K 2023-Ongoing 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧
ON-CALL SUPPORT &
MAINTENANCE,
WRD, LAKEWOOD, CA
$750K 2022-Ongoing 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧
ON-CALL SUPPORT &
MAINTENANCE,
SDPUD, SAN DIEGO, CA
$5M 2017-Ongoing 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧
SCADA & PLC STANDARD
DEVELOPMENT AND SUPPORT,
LADWP, OWENS LAKE, CA
$4M 2003-Ongoing 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧
WATER ENGINEERING
TECHNICAL SUPPORT,
LADWP, LOS ANGELES, CA
$7M 2003-Ongoing 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧
CYBERSECURITY PLANNING
AND IMPLEMENTATION,
CITY OF HOUSTON, HOUSTON, TX
$3M 2020-Ongoing 💧 💧 💧 💧 💧 💧 💧
SCADA MASTER PLAN,
SEATTLE PUBLIC UTILITIES,
SEATTLE, WA
$6M 2018-Ongoing 💧 💧 💧 💧 💧 💧 💧 💧 💧 💧
VALLEY WATER IMPLEMENTATION
SANTA CLARA VALLEY WATER
DISTRICT, SANTA CLARA, CA
$1M 2019-Ongoing 💧 💧 💧 💧 💧 💧 💧 💧
NANSEMOND WWTP,
SCADA IMPLEMENTATION,
SUFFOLK, VA
$3M 2023-Ongoing 💧 💧 💧 💧 💧 💧 💧
Tetra Tech, along with our key personnel, possess the requisite experience stipulated in the RFP Prerequisites.
This expertise is clearly demonstrated in both the cover letter and within pages 8 to 10 of this proposal section. 498
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 17 Since Fall 2023, Tetra Tech has been providing the City of Fullerton with 24/7 oncall SCADA operations support, maintenance, and design/engineering/programming services. The City’s Water Distribution system includes 20 sites, consisting of wells, pump stations, reservoirs, MWD interconnects, and two state-of-the-art PFAS (per- and polyfluoroalkyl substances) treatment facilities. SCADA system maintenance support includes on-call access to Tetra Tech’s engineers to troubleshoot any operational issues, implement fixes, and administer the SCADA infrastructure to ensure optimal performance and system uptime. Tetra Tech supports the AVEVA System Platform, Allen Bradley PLCs, and a mixture of Keywest Networks and GE/MDS radios.
Notable Achievements:
6 Main Plant PFAS Programming, Configuration, and Testing. Startup and Commissioning scheduled for April 2024.
6 Providing as-built network diagrams documenting connected network devices, such as routers/switches, servers/workstations, radios, PLCs, OITs, and other field devices.
6 Successful proof-of-concept implementation of the replacement of end-of-life/ obsolete MDS iNET 900MHz and upgrading to new GE MDS Orbit 900MHz radios for a 4x network bandwidth improvement.
6 Virtualization conversion and backup of the City’s SCADA servers from bare-metal onto virtual systems.
CITY OF FULLERTON, CALIFORNIA
ON-CALL SCADA SERVICES,
MAINTENANCE, AND SUPPORT
Owner & Contact:
City of Fullerton
Richard Armendariz
Water Systems Manager
303 W. Commonwealth Ave.
Fullerton, CA 92832
( 714.738.5337
* Richard.Armendariz@
cityoffullerton.com
Project Value
$150,000+
Project Duration:
2023-Ongoing
Project Team/Role:
Amir Ibrahim
Project Manager
James Pham
Technical Manager
Barry Kent, EIT
Automation Specialist
Daniel Delgadillo, EIT
Controls Engineer
Vincent Rivera, PE
QA/QC Engineer
Glen Rozak, PE
Engineer of Record
499
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 18 Since 2022, Tetra Tech has been providing on-call SCADA operations and maintenance support for all three of WRD’s water treatment facilities. This includes two advanced water treatment plants and a groundwater desalter. SCADA system maintenance support includes on-call access to Tetra Tech’s Engineers to troubleshoot any operations issues, recommend improvements, implement fixes and administer their SCADA infrastructure to ensure optimal performance and system uptime. In addition to providing on-call maintenance support for their SCADA systems, Tetra Tech also performs as the systems integrator for many of WRD’s Capital Improvement Projects. In January 2023, the Tetra Tech team was awarded a 3-year agreement to continue providing on-call support for WRD’s SCADA systems.
Notable Achievements:
☑ Provided AVEVA Wonderware and Modicon PLC programming support for plant process improvements, including stabilized flow reverse osmosis trains into the distribution system.
☑ Improved control of plant chemical dosing application by implementing proven analog signal filtering techniques and performing comprehensive tuning and commissioning.
☑ Providing consultation for upgrading treatment plant from Modicon Quantum PLC’s migration to M580 and upgrading to AVEVA Systems Platform ☑ Systems integrator for treatment plant Injection Well Capital Improvement Project.
☑ Startup and Commissioning - On-call 24 x 7 support
WATER REPLENISHMENT DISTRICT, CALIFORNIA
ON-CALL SUPPORT & MAINTENANCE
Owner & Contact:
Water Replenishment District
Tom Knoell
Water Operations
Superintendent
4040 Paramount Blvd.
Lakewood, CA 90712
( 310.502.5976
* [email protected]
Project Value
$750,000 (Design)
Project Duration:
2022-Ongoing
Project Team/Role:
Amir Ibrahim
Project Manager
Barry Kent, EIT
Automation Specialist
Joseph Delgadillo
SCADA Specialist
James Pham
OT Specialist
500
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 19 Since 2017, Tetra Tech has provided ongoing SCADA and PLC design services to the City of San Diego Public Utilities Department’s (PUD) three WTPs (Alvarado, Miramar, Otay), the San Vicente Dam, and PUD’s water distribution system. Our team is tasked with enhancing the quality of application development, application maintenance, and providing system administrative activities through deployment of our qualified and experienced resources. In 2021, Amir Ibrahim and Glen Rozak were selected to continue providing support to PUD for the Distributed Control System (DCS) and SCADA Support Services contract set to continue until 2026.
Results Generated:
☑ Schneider Quantum and Momentum Upgrades to M340 and M580 at critical Distribution and Treatment Sites
☑ SCADA Standardization, Redundancy, VMware Virtualization with Comprehensive Veeam Backup/Recovery
☑ Cellular communications to Remote Terminal Sites
☑ 900MHz RS-232 Serial Data to Ethernet Conversion
☑ Central SCADA configuration, administration and development ☑ Comprehensive Electrical / I&C Design review
☑ Cyber-Vulnerability Assessments
☑ Startup and commissioning - On Call 24 x 7 Support
☑ Support & Maintenance for all 3 Water Treatment's AVEVA Wonderware SCADA system
☑ Within the first 1 month of service, the Tetra Tech team was fielding most of all routine troubleshooting calls for all three of the City's Water Treatment facilities. ☑ Within the first 6 month, the Tetra Tech team had the City's entire SCADA system for their distribution system virtualized.
☑ Completed of Control System survey of entire water system to upgrade PLC infrastructure from obsolete Schneider Quantum to Modicon M580 architecture.
CITY OF SAN DIEGO, CALIFORNIA
Owner & Contact:
City of San Diego
John Irving
SCADA Supervisor
2797 Caminito Chollas
San Diego, CA 92105
( 619.214.1310
* [email protected]
Project Value
$5,000,000 (Design)
Project Duration:
2017-2026
Project Team/Role:
Amir Ibrahim
Automation Specialist
James Pham
OT Specialist
Glen Rozak, PE
Project Manager
Jonathan VanDerZee
Cybersecurity/OT Lead
ON-CALL SUPPORT & MAINTENANCE
501
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 20 For two decades, Tetra Tech has partnered with Los Angeles Department of Water and Power (LADWP) to support water engineering, standards development and capital improvement support for the WETS Program. These services include:
Engineering Control Systems Standards Development. Tetra Tech was tasked with providing control system hardware and software design standardization services for the LADWP Water Engineering and Technical Services Department. Tetra Tech team members provided object-oriented PLC and HMI software design, programming, and development for Rockwell Automation ControlLogix and GE iFIX based systems.
Tasks included the delivery of highly standardized repeatable and re-usable software component design; implementation of change management and design process; on-site startup; and commissioning and test of CompactLogix RTU and ControlLogix sites. As a result of these standards, SCADA development time decreased by 50% as well as a reduction in field time. To add to this accolade, the team also saw a reduction in errors and inconsistencies.
Capital Improvement Projects. Tetra Tech served as Water Engineering and Technical Service in-house controls system consultant since 2003. In this role, Tetra Tech personnel have participated in various water distribution, chloramination and ultra violet disinfection projects. The team worked closely with department engineers to assist in I&C engineering, software standards development, software development, staff training, project management and start-up and commissioning.
Notable projects that were commissioned include the following:
6 North Hollywood West Advanced Oxidation Plant
6 Tujuna Advanced Oxidation Plant
6 Mission Wells Pump Station
6 Manhattan Wells Pump Station
6 99st Chloramination Station
Los Angeles Water System & Data Acquisition Control (LAWSDAC). Tetra Tech worked closely with LADWP to upgrade the LAWSDAC’s iFIX SCADA from v4.0 to v5.8, as well as the deployment of the OTLAN which included the Enterprise Historian and the OSI Pi server. In this role, Tetra Tech facilitated migration, customization, and upgrading of:
graphics; databases; I/O drivers; historian databases; and various applications.
LOS ANGELES DEPARTMENT OF WATER AND POWER, CALIFORNIA
WATER ENGINEERING TECHNICAL SUPPORT (WETS)
Owner & Contact:
Los Angeles Department of
Water and Power
Russell Woll
Managing Water Utility Engineer
111 N. Hope Street
Los Angeles, CA 90012
( 213.367.6687
* [email protected]
Project Value
$7,000,000 (Design)
Project Duration:
Ongoing Support Services
Project Team/Role:
Amir Ibrahim
Project Manager
Glen Rozak, PE
Controls Engineer
Vincent Rivera, PE
Project Engineer
Joseph Delgadillo
Software Engineer
Daniel Delgadillo, EIT
Controls Engineer
Craig Barnes, PE
Electrical Engineer
502
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 21 The $3 billion Owens Lake Dust Mitigation Program was developed in order to mitigate dust impacting communities surrounding Owens Lake. Beginning in 2003, Tetra Tech has provided SCADA & PLC support to the Los Angeles Department of Water and Power (LADWP) for the upgrades and enhancements to the water enterprise’s SCADA system on the Owens Lake Dust Mitigation Project.
Projects our team supported includes:
Owens Lake Dust Mitigation SCADA Support & Maintenance. As-needed on-site programing, troubleshooting and support of the Owens Lake SCADA and telemetry system (approximately 20,000 IO points), including: iFIX SCADA, Allen-Bradley SLC to ControlLogix PLC upgrades, Remote IO/fiber network troubleshooting, 900MHz and
2.4 GHz 802.11 wireless radios, process instrumentation (flow meters and pressure sensors), control valves, pumps, VFD’s, drain management units, automatic brush filters, sand separators, integrated scheduling tool, flow-pressure management tool.
Owens Lake SCADA Standardization Project. Tetra Tech provided on-site SCADA assessment and system modernization which included: The evaluation of SCADA related applications and interfaces; End-user interview and requirements definition; Gap analysis, reporting and recommendations; Network infrastructure audit; SCADA and control system philosophies development. The team also provided a recommendations upgrade of approximately 50 SLC based sites to ControlLogix, detailed control narrative definitions, and object-oriented and standardized Allen-Bradley PLC and HMI software programming development.
Owens Lake Phase 1 North Upgrade. Owens Lake Phase 1 North Upgrade seeks to develop irrigation turn-outs and needed pump stations for water tillage to address dust mitigation. Tetra Tech was the I&C Engineer of Record for the comprehensive 30,60,90, and 100-percent design packages. In this role, their primary task is the preparation of I&C design bid packages including: all Allen-Bradley ControlLogix PLC-based design specifications, SLC replacements, master IO list, network layout, radio telemetry, panel specifications and design layout, P&ID’s, control narratives, loop diagrams, instrumentation, outage planning, phasing and demolition plans. Additionally, the team provided the preparation of electrical design bid packages such as: 4.8kV Medium Voltage and 480/208/120 Low Voltage design, equipment and panel layout, one-lines, cable specifications, conduit schedules, motor controls, wiring diagrams, site plans, ETAP coordination study, outage planning, phasing, and demolition plans.
Owens Lake
SCADA & PLC STANDARD DEVELOPMENT & SUPPORT
Owner & Contact:
Los Angeles Dept. of
Water and Power
Jordan Tolle
Electrical Engineer Supervisor
100 Sulfate Road
Keeler, CA 93530
( 213.367.3778
* [email protected]
Project Value
$4,000,000 (Design)
Project Completed:
2003-Ongoing
Project Team/Role:
Amir Ibrahim
Project Manager,
SCADA On-Call
Glen Rozak, PE
Project Manager,
Phase 1 North Upgrade
Craig Barnes, PE
Electrical Engineer
Barry Kent
Automation Specialist
LOS ANGELES DEPARTMENT OF WATER AND POWER, CALIFORNIA
503
CITY OF BANNING RFP-23-054
TETRA TECH | 22
The City of Houston Water provides water and wastewater services to a population of approximately 2.2 million throughout the Houston metropolitan area, covering a four county service area of over 600 square miles. The City’s SCADA network provides the backbone for all water and wastewater system operational monitoring and control.
The City engaged Tetra Tech to develop a cybersecurity program framework to confirm SCADA cyber assets conform to current cybersecurity best practices and guidance.
The project goal is to develop a secure architecture to support SCADA in the future, and to develop plans to upgrade existing City SCADA network infrastructure to meet the enhanced cybersecurity goals. The assessment included review of the organization, methods, technology, security policies and procedures, and communications systems related to operations and security of the Houston SCADA Network. This required collaboration with multiple departments, stakeholders, and control system end users to develop the use cases and understanding of how the system is used and maintained.
Recommendations will be made for improvements in each of these areas and a risk based prioritization plan for capital improvements that allows the City to move forward with selected design and implementation projects in Phase II.
CITY OF HOUSTON, TEXAS
CYBERSECURITY PLANNING & IMPLEMENTATION
Owner & Contact:
City of Houston
David Williams
Project Manager
611 Walker Street
Houston, Texas 77002
( 832.395.3830
* David.Williams@
houstontx.gov
Project Value
$2M (Design)
Project Completed:
2020-2023 (Assessment &
Planning)
Project Team/Role:
David Espy, CISSP
Technical Lead
Seattle Public Utilities (SPU) provides solid waste, sewage and drainage services for Seattle residents and businesses and drinking water services for 1.5 million regional customers. As part of the Combined Sewer Overflow (CSO) Reduction Program, SPU has embarked on an enhancement strategy to transform its ICS system from a passively controlled system to an actively controlled (real-time) system.
SPU has engaged Tetra Tech to develop a high-level ICS Master Plan for Water and DWW. The Master Plan documents the current state of the ICS, SPU’s vision and goals for the ICS, upcoming projects or initiatives that would impact the ICS, and gaps between SPU’s vision and goals and the current state. The resulting plan includes immediate and long-term strategies to align SCADA functionality to future requirements in line with SPU’s mission and vision over time. The ICS was evaluated using current industry best practices, along with AWIA (America’s Water Infrastructure Act) and NIST (National Institute of Standards and Technology) guidelines for ICS cybersecurity.
Major tasks include: Site surveys of representative sites; stakeholder workshops; gap analysis; cybersecurity assessment; alternatives analysis; and a prioritized project roadmap.
SEATTLE PUBLIC UTILITIES, WASHINGTON
ICS SCADA MASTER PLAN
& CYBERSECURITY ASSESSMENT PLAN
Owner & Contact:
Seattle Public Utilities
Ramon Mesta
SCADA Engineering Supervisor
700 5th Ave Ste. 4900
Seattle, WA 98104
( 206.256.6988
* [email protected]
Project Value
$4.8M (Design)
Project Completed:
2018-Ongoing
Project Team/Role:
James Pham
OT/SCADA Project Engineer
David Espy, CISSP
OT/Cybersecurity Lead
Greg Conley
Technical Lead 504
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 23 Subconsultant Spotlight: SOFFA Electric
Our team will be supported by SOFFA Electric for panel fabrication and instrumentation support on an as-needed basis.
Founded in Los Angeles in 1972, SOFFA Electric specializes in control systems integration and fabrication designed to improve efficiency and reduce operational costs for Municipalities, Water and Wastewater Treatment Systems, and Industrial Sector. SOFFA employs senior engineers and technicians that are available 24/7 to provide system maintenance should you develop a problem that desires immediate attention.
Joint Work with SOFFA Electric
Tetra Tech and SOFFA Electric have worked together as subcontractors supporting multiple LADWP projects. Tetra Tech would like to continue the working relationship with SOFFA Electric as we can vouch of the quality and excellence we’ve come to expect from control panel fabrication and instrumentation support. Below highlights joint work between our firms:
» North Hollywood Central Advanced Oxidation Plant, LADWP, Value $200M (ongoing; TT & SOFFA - subconsultants) » Tujunga Advanced Oxidation Plant, LADWP, Value $200M (ongoing; TT & SOFFA - subconsultants) » Stone Canyon Floating Cover Project, LADWP, Value $35M (completed: 2019; TT & SOFFA - subconsultants)
CLIENT REFERENCES
PROJECT NAME / OWNER CONTACT NAME / TITLE PHONE / EMAIL On-Call SCADA Integration Services,
Support, and Maintenance
Richard Armendariz
Water Systems Manager
( 714.738.5337
* richard.armendariz@
cityoffullerton.com
On-Call Support & Maintenance
Water Replenishment District
Tom Knoell,
Water Operations Superintendent
( 310.502.5976
* [email protected]
On-Call Support & Maintenance
City of San Diego
John Irving,
SCADA Supervisor
( 619.214.1310
* [email protected]
Water Engineering Technical Support (WETS)
Los Angeles Department of
Water and Power
Russell Woll,
Managing Water Utility Engineer
( 213.367.6687
* [email protected]
SCADA & PLC Standard Dev. & Support
Los Angeles Department of
Water and Power
Jordan Tolle
Electrical Engineer Supervisor
( 213.367.3778
* [email protected]
Cybersecurity Planning &
Implementation
City of Houston
David Williams
Project Manager
( 832.395.3830
* [email protected]
ICS SCADA Master Plan and
Cybersecurity
Seattle Public Utilities
Ramon Mesta
SCADA Engineering Supervisor
( 206.256.6988
* [email protected]
505
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | d Price Proposal
Title
Price Proposal ..................................................................................24
RFP SECTION
V.C
Page
506
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 24
PRICE PROPOSAL
BREAKDOWN OF HOURS, COSTS AND FEES
BID AMOUNT: $205,000
Standards Coordination with City Staff and Vendors
Fee: $37,750
The primary objective is to establish a robust framework for effective collaboration between the project team, city staff, and external vendors. This entails the development and adherence to industry standards and best practices
in the realm of Operational Technology (OT), Industrial Control Systems (ICS), and Supervisory Control and Data Acquisition (SCADA). The task will delineate the specific standards that will govern the project, encompassing
cybersecurity, interoperability, and compliance with
relevant regulations. City staff will play a crucial role in this process, contributing their expertise and insights to ensure alignment with municipal goals and requirements.
Staff Hours
OT Specialist 50
Automation Specialist IV 24
Automation Specialist III 24
Software Specialist III 24
I&C Engineer IV (Engineer of Record) 4
ONSITE Automation Specialist IV 16
I&C Engineer IV 8
Project Manager 2
Total Hours 152
Develop and Maintain SCADA/Industrial Controls Standards Fee: $37,750
The project team will undertake the responsibility of
developing a set of robust, industry-specific standards that align with best practices and regulatory requirements.
This includes defining protocols, communication
standards, cybersecurity measures, and interoperability guidelines tailored to the unique needs of the OT/ICS/
SCADA environment. Collaborative efforts with relevant
stakeholders, industry experts, and city staff will be
emphasized to ensure that the developed standards
remain current, effective, and in compliance with the latest advancements and regulatory frameworks.
Staff Hours
OT Specialist 50
Automation Specialist IV 24
Automation Specialist III 24
Software Specialist III 24
I&C Engineer IV (Engineer of Record) 4
ONSITE Automation Specialist IV 16
I&C Engineer IV 8
Project Manager 2
Total Hours 152
The breakdown of hours, costs and fees are an estimate based solely on the scope published in RFP-23-054. The final fee will be submitted to the City of Banning upon formalization of the Scope of Service and Compensation. 507
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 25 SCADA Infrastructure Maintenance
Fee: $10,870
The project team will outline a comprehensive maintenance plan that encompasses routine inspections, software
updates, hardware upgrades, and proactive measures to
ensure the continuous and reliable operation of the SCADA system within the ICS environment. Specific tasks may
include regular system health checks, cybersecurity audits, and performance assessments to identify and address any vulnerabilities or inefficiencies promptly.
Staff Hours
OT Specialist 42
Project Manager 2
Total Hours 44
On-Call SCADA Troubleshooting
Fee: $14,890
The project team will maintain a 24/7 on-call support
structure, ensuring rapid response times to mitigate
potential disruptions to the SCADA environment.
Staff Hours
OT Specialist 18
Automation Specialist IV 10
Automation Specialist III 10
Software Specialist III 10
ONSITE Automation Specialist IV 10
Project Manager 2
Total Hours 60
Functional SCADA Enhancements
Fee: $38,510
The primary objective is to define the specific capabilities and operational features that the SCADA system must exhibit to meet the needs of the City’s ICS environment. Tetra Tech will assist in detailing user interfaces, data visualization tools, and reporting mechanisms to ensure effective management and oversight of critical infrastructure components. The project team aims to align stakeholder expectations, facilitate effective communication, and guide the development of a robust and functional SCADA system tailored to the City’s unique needs.
Staff Hours
OT Specialist 46
Automation Specialist IV 24
Automation Specialist III 24
Software Specialist III 24
I&C Engineer IV (Engineer of Record) 4
ONSITE Automation Specialist IV 16
I&C Engineer IV 8
OT Specialist IV 6
Project Manager 2
Total Hours 154
508
CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 26 Instrumentation Troubleshooting Support
Fee: $12,080
The project team includes Instrumentation Specialists
(subconsultant SOFFA) to provide any field
instrumentation support. The fee is estimated at
approximately $11,500 for instrumentation support plus
two hours of project management time.
Staff Hours
Instrumentation Specialist As Needed
Project Manager 2
Total Hours 2
Maintain Existing Documentation
Fee: $23,950
The project team will lead or assist in the regular review, revision, and verification of existing documentation,
including but not limited to system architecture
diagrams, user manuals, configuration files, and standard operating procedures. This task aims to ensure that all documentation remains accurate, up-to-date, and readily accessible, thereby enhancing the system’s reliability, facilitating troubleshooting processes, and promoting a comprehensive understanding of the SCADA infrastructure among relevant stakeholders.
Staff Hours
OT Specialist 26
Automation Specialist IV 16
Automation Specialist III 16
Software Specialist III 16
I&C Engineer IV (Engineer of Record) 4
ONSITE Automation Specialist IV 12
I&C Engineer IV 4
Project Manager 2
Total Hours 96
Cybersecurity & Enhancements
Fee: $19,950
The project team will detail specific cybersecurity measures, protocols, and enhancements aimed at safeguarding
critical infrastructure against potential threats. This may include the implementation of advanced intrusion detection systems, regular vulnerability assessments, and the
enforcement of robust access controls.
Staff Hours
OT Specialist 46
OT Specialist III 24
OT Specialist IV 6
Project Manager 2
Total Hours 78
Travel
Fee: $5,000
Travel cost is estimated with no markups.
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CITY OF BANNING RFP-23-054
City of Banning | SCADA Maintenance and Advisory Services TETRA TECH | 27
STANDARD HOURLY BILLING RATES AND EXPENSE REIMBURSEMENT SCHEDULE NOTE: Rates are valid from 5/1/2024 through 4/30/2025
CITY OF BANNING SCADA ON-CALL HOURLY RATES Standard Overtime Premium Automation Specialist IV (includes ONSITE specialist) $265.00 Automation Specialist III $230.00
Automation Specialist II $195.00
Automation Specialist I $170.00
Software Engineer IV $270.00
Software Engineer III $230.00
Software Engineer II $195.00
Software Engineer I $170.00
I&C Engineer IV (I&C Engineer / Engineer of Record) $290.00 I&C Engineer III $265.00
I&C Engineer II $230.00
I&C Engineer I $195.00
Instrumentation Specialist (subconsultant SOFFA)7 $185.00 $277.50 $350.00 Electrical Engineer IV $290.00
Electrical Engineer III $265.00
Electrical Engineer II $230.00
Electrical Engineer I $195.00
OT Specialist IV $290.00
OT Specialist III $265.00
OT Specialist (Technical Manager) $245.00
QA/QC Engineer $265.00
Drafting II $135.00
Drafting I $110.00
Project Manager $290.00
1. The fee schedule above shall remain fixed for Year 1 (5/1/2024 - 4/30/2025) of the Agreement, unless formally amended by the City. Any adjustments to the fee schedule will be negotiated at the beginning of each Agreement year, subject to a possible maximum increase based on the local consumer price index (CPI) rate. Rate increases will be submitted to the City for written approval prior to going into effect.
2. Travel time and cost will be billed to the City. Charges invoiced to the City for travel, lodging and subsistence will be billed at cost and will not exceed the current IRS rates.
3. There will be a two-hour minimum charge for emergency calls. Tetra Tech rates for emergency calls and after-hours work will be billed at the standard hourly rate with no markup.
4. Onsite work will be charged a minimum of 3 hours.
5. Remote work will not have a minimum hour charge.
6. All materials purchased that are directly related to the work will be pre-approved by the City and billed at cost plus a 15% markup.
7. Instrumentation Specialist rates will be billed to the City as detailed below, plus a15% markup:
• Standard Rate: Monday - Friday from 7:00 AM to 5:00 PM • Overtime Rate: Monday - Friday after 5:00 PM, Saturday 7:00 AM to 5:00 PM, or for hours in excess of 8 hours per day • Premium Rate: Saturdays after 5:00 PM, and any hours worked on Sundays and federal holidays 510
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Carla Young, Business Support Manager
Art Vela, Director of Public Works
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-101, Approving the Use of the Public Utility Exceptions for Informal Procurements Under Article 2, Section 3- 105, Note 7 of the City's Purchasing Policy No. B-30, for Fiscal Year 2024-25 for the Purchase of Certain Supplies, Materials and Equipment for the City's Public Utility Departments
RECOMMENDATION:
Adopt Resolution 2024-101.
BACKGROUND:
In February of 2019, the City Council adopted Resolution 2018-156, approving the Purchasing Officer’s recommended amendments to the City’s Purchasing Policy No. B-30. Within this updated Policy, Article 2, Section 3-105, Note 7 provides exceptions from regular purchasing procedures for the City’s utilities (electric, sewer, and water) for certain types of materials, equipment and supplies listed in that Note.
The list of items that may, with City Council approval, and with the review and approval by the Purchasing Officer, be purchased without formal competitive bids are provided in Attachment 2, Purchasing Policy, to this staff report. This list is sometimes referred to as the exceptions list.
The City’s utilities, as a matter of routine business, regularly consume specific commodities, materials, inventory, and services which are included in the exceptions list, and that are typical to the operations, maintenance, planned replacement, and capital improvements of their respective enterprise services. In order to provide good customer service in a safe, timely, uninterrupted, and efficient manner, it is necessary for the utilities to routinely and at times, quickly, purchase these specifically excepted items without the delay that would result from compliance with the formal bidding procedures.
City staff understands that by invoking this exception, the staff in the Utility Departments would not be required to procure the items on the exceptions list through a formal competitive process. However, to address this issue and avoid an overuse of this exception, the approved Purchasing Policy incorporates two checks and balances applicable to purchases using these exceptions. In addition to the Council’s authorization of these exceptions, the Purchasing Officer reviews these exceptions to formal procurement requirements through the requisition process. The Purchasing Officer is aware that there are items that often pose a peculiar and unique purchasing circumstance in which it can be difficult to acquire suitable and appropriate items that meet the distinct, specific needs of the utilities and are necessary to allow them to maintain adequate service levels for utility customers. Due to the nature of the public utilities industry, the specific and aged utilities’ assets, and limited availability of qualified vendors, authorizing the exceptions within the Purchasing Policy will allow the utilities to meet the goals and needs set forth by Council to better serve the City’s utility customers. 511
As standard practice and whenever possible, the public utilities departments will acquire more than one quote for a product, to ensure wise use of funds. When this is not possible or a situation is presented where it would be detrimental to reliability and service, the sole source function within the Purchasing Policy may be utilized, subject to the approval and recommendation of the Purchasing Officer. The public utilities of the City of Banning strive to provide continuity of service and improve work flow while purchasing the item for the best price and maintaining appropriate purchasing standards and practices.
JUSTIFICATION:
The City’s utilities maintain capital improvement plans that have been reviewed and approved by the City Council. Further, the capital improvement plans and annual operations and maintenance programs are included in annual budgets and are authorized by the City Council on a regular basis. Requiring City Council review of routine purchases that are already approved through the capital improvement planning and regular budgeting updates can be redundant and inefficient. In addition, the routine practice of obtaining competitive proposals, bids or quotes from material vendors often will not result in costefficiencies because the items are unique, or the items have been found to be purchased for the best price from a particular vendor. The primary purpose of the City’s utilities is to provide continued reliable, and uninterrupted utility services. In order to ensure that the City’s utility services remain consistently reliable, it is necessary for the City’s utilities to have the means to quickly and efficiently acquire specific goods, equipment and services as identified and approved in advance by the City Council, and set forth as exceptions in the City’s Purchasing Policy. The adoption of the Resolutions herein will serve to further ensure the continued, reliable provision of utility services to the City while at the same time providing authority to the Purchasing Officer to review and approve of the use of the exception for those purchases.
FISCAL IMPACT:
Expedited processing of purchase requisitions for items on the Purchasing Policy exceptions list will improve the timeliness, efficiency, and effectiveness of staff, and result in greater efficiency in the provision of utility services, thereby saving money.
ALTERNATIVES:
1. Adopt Resolution 2024-101, as recommended.
2. Adopt Resolution 2024-101, with modifications.
3. Do not approve Resolution 2024-101 and provide alternative direction to staff.
ATTACHMENTS:
1. Resolution 2024-101, Utility Purchasing Exceptions.docx
2. B-30 Procurement Pages 16 and 17.pdf
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Resolution 2024-101