PROFESSIONAL SERVICES AGREEMENT
[System Upgrade, Enhancement, and Support Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _________________, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and L.A. CONSULTING, INC., a California corporation (“Contractor”), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are th e subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provided such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
Robert Moya, Senior Adm inistrative Analyst (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED TWENTY -SEVEN THOUSAND ONE HUNDRED EIGHTY -TWO DOLLARS and 00/100 ($127,182.00) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.
c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of TEN THOUSAND DOLLARS and 00/100 ($10,000.00) has been added to the total compensation of this Agreement. City’s Project 2 Manager may approve the additi onal work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as City’s Project Manager and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a n Amendment to Agreement approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that wor k or those services that are specifically requested by the City’s Project Manager. Any and all additional work and services performed under this Agreement shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by City’s Project Manager prior to the commencement of such services.
d. The total amount of compensation under this Agreement, including contingencies, shall not exceed ONE HUNDRED THI RTY-SEVEN THOUSAND ONE HUNDRED EIGHTY-TWO DOLLARS and 00/100 ($137,182.00).
3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred.
b. All such invoices shall state the basis for the amount invoiced , including services completed, the number of hours spent, and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.
d. Payment shall constitute payment in full for all se rvices, authorized costs and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate lic enses, including a City of Orange business license, at its cost, during the performance of this Agreement.
3 6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of Ci ty. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, mat erials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees emp loyed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay , Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or impl ied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate t his Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within ten (10) days of the Effective Date of this Agreement and diligently prosecute completion of the work
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extension s granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City 4 will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.
14. Products of Contractor. The docum ents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or phys ical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
5 (1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Ind emnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.
d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence;
6 c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars (1,000,000). Said insurance shall cover bo dily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general lia bility and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to the City along wi th the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidence that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000).
g. The insurance policies maintai ned by the Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer pos sesses the aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such 7 costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall l ook solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such in surer may acquire against City by virtue of the payment of any loss under such insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requir ements stated herein.
19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. The Contractor conversely for any reason may terminate this Agreement by giving City not less than five (5) days’ written notice of intent to terminate under the same provisions of this section.
20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, 8 shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Agreement, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that Contractor:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during t he term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and
(4) Has responded and shall at all times durin g the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, o r the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.
e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.
9 h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.
24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
L.A. Consulting, Inc. City of Orange
2711 N. Sepulveda Blvd., No. 602 300 E. Chapman Avenue Manhattan Beach, CA 90266 Orange, CA 92866-1591
Attn.: Harry Lorick, PE Attn.: Frank Sun
Telephone: 310 374 5777 Telephone: 714-744-5529
E-Mail: [email protected] E-Mail: [email protected]
25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an origi nal, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Signatures on next page]
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
L.A. CONSULTING, INC., a California CITY OF ORANGE, a municipal corporation corporation
*By: By:
Printed Name: Harry Lorick Daniel R. Slater, Mayor Title: President
*By: ATTEST:
Printed Name: Joyce P. Lorick
Title: Chief Financial Officer
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
“We Help Public Works Work”
Phone: 310-374-5777 • Fax: 310-374-5557 • email: [email protected] 2711 North Sepulveda Blvd # 602 • Manhattan Beach, California 90266 Internet address: www.LAConsulting.com
December 30, 2022
Mr. Christopher S. Cash
[email protected]
City of Orange Director of Public Works
City of Orange
203 E. Chapman Ave
Orange CA 92866
Ms. Leslie Hardy
[email protected]
City of Orange
Community Services Director
203 E. Chapman Ave
Orange CA 92866
Subject- Updated the Proposal for MaintStar (MS) 15 Upgrade, Enhancement, and Support Dear Mr. Cash and Ms. Hardy:
Pursuant to your request, LA Consulting. Inc. (LAC) has updated the enclosed scope of tasks to review and document existing MaintStar system processes and support. We have outlined what we believe is the task that MaintStar should do within our scope. We did not understand some of their proposed efforts outlined in MS scope, so we just incorporated those within this scope, minimizing potential overlap. Therefore, our costing does not include MS' effort.
In general, MS should be responsible for converting the data, loading the system, linking, and integrating GIS, high-level training, fixing bugs, and providing basic working functionality for the system. LAC's role is to make the system work for PW and CSD by properly configuring it to optimize the use of the system and match the City's needs. In addition, LAC operational expertise will provide hands-on training on using the system on a day-to-day basis and how to apply the data to improve and monitor operations.
We hope to help optimize your organization with the new system upgrade through this effort. We have the background, experience, and capability to provide this assistance. We appreciate the opportunity to assist the City of Orange Public Works and Community Services; we look forward to your response.
Sincerely,
Harry C. Lorick, PE, PTOE, PWLF
Principal
Consulting, Inc.
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 1 City of Orange
SCOPE OF WORK
OVERVIEW
The City of Orange Public Works and Community Services Department has decided to utilize the City's MaintStar system and participate in implementing the system upgrade.
Successful completion of this implementation is dependent on the interaction and participation between LA Consulting, Inc. ("LAC"), Public Works (PW), and Community Services Department (CSD) personnel. Therefore, the project is divided into two Phases. Phase A is to configure the V15 Update software to meet the PW and CSD system requirements and desires. Phase B is the actual implementation of the software of the MaintStar V15 Update.
LAC suggests the City have the MaintStar (MS) vendor responsible for specific tasks shown in blue text.
In general, MS is responsible for setting up and configuring the MaintStar SQL database, converting the data, verifying proper data conversion, linking, integrating GIS, high-level training, fixing bugs, and providing basic working functionality for the system. LAC's role is to make the system work operationally for PW and CSD by properly configuring it to optimize the use of the system and match City needs. In addition, LAC operational expertise will provide hands-on training on using the system on a day-to-day basis and how to apply the data to improve and monitor operations.
WORK TASK PHASE A
Task A-1 – Establish the City of Orange Implementation Team and Kick Off LAC will work with the City of Orange Project Managers (one from PW and one CSD) to establish an implementation team. The implementation team will guide the process to ensure that all the relevant needs are addressed. The team members will also be entirely trained in system utilization. LAC will make an initial presentation and interact with the team to outline an implementation plan.
LAC anticipates an eight-month implementation and a monthly status meeting.
Deliverable: The implementation team is established, and an implementation schedule is outlined with monthly monitoring.
MAINTSTAR (MS) TASK
After the City sends credentials or allows access to current databases, MS will copy the database to their servers and upgrade the existing MaintStar application from Version 12 (11 current version?) to Version 15. This effort will include converting all locations, assets, work history, daily work entries, inventory, work orders, and appropriate setup tables.
Deliverable: MS system upgraded to V15, data converted and verified.
Task A-2 – Update and Configure MaintStar Work Processes LAC will perform a precursory review of the data stored in the City of Orange database.
Standard reports will be generated from the database to review work reporting details and data Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 2 City of Orange
configuration. LAC will also confirm basic data requirements for labor, equipment, and materials reporting. After reviewing the data and work processes, LAC will coordinate with the City Project Managers to enhance work processes to integrate with the upgraded version of MaintStar.
LAC will help coordinate the upgrade of the new MaintStar system and confirm the import of the prior database into version 15 by MaintStar. This will include quality control of the transferred data and tables to ensure the proper movement of the data from the preceding version. LAC will then assist the City in communicating with the vendor and configuring the new database. Sub- tasks include:
a. Set up new security settings and work groups with group assignments, confirming assets and locations.
b. Coordination with MaintStar and City of Orange staff to establish a linkage between the City of Orange GIS database and MaintStar database to allow this system to be integrated with the application and develop work processes to use the GIS linkage.
LAC will test the configuration with the implementation team and coordinate with City Orange's IT group and the MaintStar vendor to allow a test database to be created. Efforts will be made to ensure all available and relevant data is moved to the new system. If other population of the new database is required, LAC will facilitate completing these needs with the vendor. LAC anticipates two (2) onsite meetings to complete this effort with follow-up electronic communications.
Deliverable: Updated and enhanced CMMS and related business processes confirmed before data and process imported into new version 15.
MAINTSTAR (MS) TASK
After LAC reviews the conversion and identifies issues found in reports, tables, and files, MS will reconvert locations, assets, work history, daily work entries, inventory, work orders, and appropriate setup tables as needed. Then once confirmed by LAC and the City, the vendor will install MaintStar software with City rights, including SSO, in their Cloud based system to allow access to management, supervisors, and administrative staff. This work will be done in conjunction with IT staff to ensure data and programs are loaded following the City guidelines.
The process of accessing the hosted software will be documented and included in the system documentation.
Complete support for the GIS integration and implementation will be done with MS working with the City GIS and ITS staff to ensure integration with V15.
Deliverable: MS system data validated, GIS integrated with V15, and production database established with City user access.
TASK A-3 – INSTALL SOFTWARE COORDINATION.
LAC will check and confirm MaintStar access for each workstation location to ensure correct operation.
This task will consist of installing the appropriate URL, establishing user credentials, and providing Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 3 City of Orange
proper documentation that is acquired or prepared. The effort will require coordination with GIS and city IT departments by LAC, but the software vendor will actually establish the hosted system and database.
LAC anticipates a single day onsite to complete this effort.
End Product: Software will be loaded, operational, and available for City access.
Phase B – Software and Business Practices Implementation Phase B encompasses thirteen (13) tasks. A description of each work task follows. These descriptions include the processes, methods, procedures to be used, and the expected result. This phase's tasks are primarily internal and will be conducted with guidance and direction from LAC.
PW and CSD Commitment: As outlined in our scope, LAC's uniquely successful process requires considerable PW and CSD staff involvement and commitment. Many of these requirements are outlined in the tasks, with a summary listed below. In addition, these requirements will include the following to be provided by the CSD:
Available Project Coordinators with detailed PW and CSD background in the work effort and knowledge of the key employees, as well as to assist in scheduling meetings, presentations, and reviews.
PW and employees must be made available with ten-day notice. Assistance to the Project Coordinators in scheduling meetings, presentation locations, etc. Key staff must attend all relevant meetings with ten days' notice. Documents/information requested must be produced within ten days of request. Provide data, if available, in electronic format to expedite the process within ten days of request. The documents produced by LAC must each be reviewed and returned to LAC by the PW and CSD within ten working days.
Directly assigned CSD support staff to assist in data collection and compilation in all yards must be available throughout the effort.
Assigned PW and CSD employees must directly assist in the implementation project, with employees at each venue assigned to be the "super users." The latter will then train others to maintain and utilize the system into the future and assure the institutionalization of the system.
SOFTWARE IMPLEMENTATION
Phase B will focus on software implementation and business practices development. Coordination will occur with the selected software vendor for the population of databases with the collected data, training, and system configuration. LAC's role will be to facilitate and implement a system that matches the City's needs. In addition, LAC will work for the PW and CSD and with the software vendor to ensure that the system achieves the desired qualities when implemented, with the understanding that the system may not fully meet the needs of the PW and CSD without a proper evaluation.
MAINTSTAR (MS) TASK
A kickoff meeting with the project team will occur. The overall implementation plan will be outlined. Key participants from City and LAC will attend, and a schedule will be identified.
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 4 City of Orange
Deliverable: MS system schedule outlined and discussed with City.
TASK B1 – INITIATE BUSINESS PROCESS IMPLEMENTATION
Orientation meetings are planned at the start of the project and will be held to familiarize participants with the general approach. The project initiation effort will have five subtasks:
Project Startup
Preparation of a Detailed Work Schedule
Establishment of a Management Working Committee (MWC) Outline and establishment of a Working Committee (WC) Conducting an Orientation
The PW and CSD will select the project's members from the Management Working Committee (MWC) and Working Committees (WC). The MWC should consist of members that the PW and CSD desire to have a broad overview of the project. The members of the MWC must be able to make policy decisions and provide direction to subordinates in their assigned groups. The members of the MWC will also provide oversight and review of project deliverables. The Working Committee(s) members should be composed of employees from all organizational levels. These groups will need to be the most flexible in their makeup mix. The committee members should be the PW and CSD's topic experts unique to the task.
The implementation will have standard processes for maintenance and operations but will be tailored to each group's needs and requirements.
Two meetings are estimated to complete this effort.
End Product: All identified groups will have complete exposure to the planned implementation process and methodology.
MAINTSTAR (MS) TASK
MS trainer will provide two-day training onsite on the functionality of the MS V15 system and guidance to GIS and IT staff on its security, SSO, and group settings. In addition, an overview and general guidance for the users will occur, and another session with Project Managers and IT on system controls and administration will be provided.
Deliverable: Basic training in functionality and system administration is provided.
TASK B2 – SOFTWARE SYSTEM TRAINING SUPPORT
In addition to fundamental software training provided by the software vendor, further training or coaching will be necessary to acclimate staff to the new software package and related functionality to the desired work processes. Acting not as an agent to the vendor but as a consultant for the CSD, LAC will provide the PW and CSD with this supplemental training and coaching to ensure the system and related management processes are understood and applied by all stakeholders. LAC will contact the software vendor if needed to determine the most appropriate actions.
LAC will provide telephonic support and conduct training sessions if necessary. It is anticipated that the annual maintenance contract for the vendor software package will be purchased for this timeframe. The initial training will include system setup, configuration, security, form, and screen layout.
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 5 City of Orange
Also, LAC anticipates participating in a two-day training session conducted by MS.
End product: LAC will provide backup training, coaching, and support as necessary.
TASK B3 – BUSINESS PROCESS ENHANCEMENT
The following tasks result from LAC experience and PW and CSD staff feedback in Task B1. Much of the effort will focus on fully implementing the system software for work planning, organizing, scheduling, controlling, and related business processes.
The work planning effort involves determining major activities, defining guidelines, obtaining resource information, performing condition assessments, and computing the level of effort, which in turn will allow the future development of a work program and budget using MaintStar. Upon completion of the process, the planning will determine the amount of work to be performed annually by the CSD (work plans). Planning provides the basis or the "bar" to which the overall system is to be compared and is a crucial tool for efficiency and accountability.
TASK B3.1 – DEFINE AND CONFIRM WORK ACTIVITY LIST
A list of the significant maintenance work activities performed by each group will be refined, updated, prepared, and entered into a database. This list will include a description of the work activity, a unit of measure to calculate the work accomplished, and a physical feature inventory on which the work is performed. For example:
Name Description
Mowing: All work associated with the mowing of grass throughout the City for aesthetics and water quality issues
Measurement Unit: AC
Inlet cleaning: All work is associated with removing debris in the catch basin inlet to ensure a proper stormwater flow that is not impeded and reducing debris in the system.
Measurement Unit: Each
The activity list will be prepared and updated with input from the Working Committees (WC) and presented to the Management Working Committee (MWC) during a meeting to finalize each item. This will ensure that the description and measurement units exist and are appropriate for each activity.
This list will then provide the basis to determine the annual maintenance requirements for each activity and measure the amount of work accomplished daily.
End product: A list of all work activities with a description and measurement unit.
TASK B3.2– INVENTORY OF PHYSICAL FEATURES
An inventory database of all physical features in the infrastructure network will be prepared. This database will include for CSD the type, quantity, and location of features for each infrastructure type (Restroom to clean, acres to mow, etc.). For PW, features would be streets, inlets, traffic signals, water Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 6 City of Orange
lines, valves, sewer lines, laterals, etc. Existing data files and inventories are minimal but will be used to compile a database of features. If they exist, files in GIS will be used and populated by City as other assets are identified.
LAC will identify the required missing information to be collected and processed. The CSD and PW will collect the necessary data via in-house capabilities or other services. In addition, LAC will be accountable for the general design and training of data collection. This task assumes that the collected data will be linked to MaintStar software with the PW and CSD employees working with the vendor and supported by LAC.
End product: A complete inventory and database of key physical features of infrastructure will be established.
TASK B3.3 – DETERMINE MAINTENANCE SERVICE LEVELS
Working with the WC, LAC will establish the maintenance service levels required for each defined activity and the quantity and frequency of work expected to be accomplished annually per inventory unit.
This will include determining the desired service level needed to maintain a feature element and a funded service level and documenting the service level appropriate to funding constraints. An example of these is shown below:
Activity – Restroom Cleaning - weekly
Activity –Mowing – 10 times a year
Activity – Inlet cleaning – twice a year
The current service level estimates will be based on observation, material usage, schedules, and policy.
The desired service levels are those that the PW and CSD want to accomplish in providing service and protecting infrastructure assets. A funded service level is the service level provided within funding guidelines for a given year. The consultant will support determining existing service levels and benchmarking against similar agency service levels. This will assist in determining the PW and CSD's desired service levels. This process will be documented to ensure that staff can utilize the system in updating future service levels.
Three (3) meetings are estimated to complete this effort.
End product: Desired and funded service levels for each activity will be determined, and processes will be established.
TASK B3.4 – ESTABLISH ROUTINE AND PM PROGRAMS
LAC will work with the MWC and WCs to establish PM routines for several significant activities. In addition, LAC will work to outline maintenance routines for activities that exist; It is anticipated that LAC will establish two routines each for PW and CSD and guide city staff to do the remainder.
Select WC and MWC members will be established to set up specific routines for crucial maintenance activities. A complete listing with frequencies will be prepared. A committee will be set up in each area to make these determinations.
A complete process will be established to determine routines for all activities identified for maintenance.
A listing, approach, and methodology that can be updated and refined for up to four activities will be selected.
A short presentation will be prepared for the WC for all routines. In addition, an outline of the results after receipt of input will be organized, and each selected activity will be linked to an asset, building, location, and/or area to allow for integration into the selected MaintStar.
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 7 City of Orange
LAC anticipates two (2) meetings for this effort.
End product: Routines will be established for key maintenance activities.
TASK B3.5 – DEFINE WORK METHOD AND GUIDELINES
The most efficient work method will be reviewed, enhanced, and/or developed for each activity, and the purpose of this will be to determine the following:
The logical sequence of steps to be followed while performing the activity Quality checks are required to ensure that the activity is done correctly The safety requirements associated with performing the activity The follow-up (if needed) to inspect the results of the work Work methods will be reviewed, discussed, and developed during a working session with the WCs and will be documented in a systematic format for each defined work activity. The most efficient approach to each training will be identified by utilizing the consultant project team's experience with similar agencies throughout the United States and further enhanced with the expertise of PW and CSD staff.
LAC will work with agency staff to develop or update an Activity Guideline for each defined work activity. Each Activity Guideline will include the following:
Reason for performing the activity
Description of the activity
Work scheduling criteria, including time of year work, are expected to be completed Optimal size and mix of crew
Equipment and materials required
Expected average daily production range
Anticipated quality
The WC members will prepare or update each guideline under the direction of the consultant and will compile the guidelines from departmental drafts and team meetings. Files will be established for all maintenance, facilities, administrative, materials, and property sections. Each section will then be in a position to keep the guidelines current and updated in the future. The drafts will be reviewed, edited, and finalized with the input, guidance, and counsel of the MWC.
The best management practices will be established for all activities, with an additional focus on critical activities and some relevant new ones. This effort will include a detailed review of up to three significant activities per group where direct cost, productivity, and method comparisons can be made to match work and staff sizes.
LAC anticipates three (3) meetings.
End product: An activity guideline for each activity with a specific work method.
TASK B3.6 – DEVELOP EQUIPMENT RATES AND POPULATE DATABASE LAC, with Fleet assistance, will develop hourly rates for all equipment, including all costs. A listing by vehicle will be prepared with rates and classifications. A separate FEMA rate will also be compiled by general vehicle classification. The two rates will be identified for each piece of equipment.
LAC will prepare estimates and review them with the Working Committee. A spreadsheet will be designed that outlines the costs. These equipment class rates will then be entered into the MaintStar.
This will be documented in a short working paper, presented to the MWC, and coordinated with Fleet. In addition, PW and CSD staff will be trained for future rate updates.
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 8 City of Orange
LAC anticipates one (1) meeting for this effort.
End product: Produce a working paper outlining equipment rates.
TASK B 3.7 – ASSIST THE DEPARTMENT IN DEVELOPING BOTH AVOIDABLE AND
FULL OVERHEAD RATES
LAC will work with Finance staff to determine two overheads reflecting the PW and CSD's actual work cost. One will be an avoidable cost overhead, and another will be a full overhead developed for external billing and reimbursement. Existing, established full overhead rates will be updated to the new rates. The consultant will help document and develop an annual process to update the overhead rates and integrate the rates into the MaintStar.
A presentation of final overheads will be presented to the MWC. Two (2) meetings are anticipated.
End product: Assist in establishing and documenting overhead rates and an update process.
TASK B 3.8– DEVELOP PERFORMANCE-BASED WORK PROGRAM AND BUDGET After the activities, inventories, and work calendar have been established and/or updated, a performance- based work program and budget will be prepared, and a balance between desired service levels and available funds will be developed. A system will be established with the ability to compile summaries of plans, such as square feet or by a group.
The work program and budget in MaintStar by the group will include, at a minimum:
The feature inventory quantity
The annual work quantity
The planned crew size
The total days of work for each activity
The average daily production for each activity
The cost of labor, equipment, and materials for each activity The total annual cost, by activity, and for the entire work program Each group's work programs and budgets will also be summed up to produce an annual work program and budget for the entire operations and maintenance section. All work planned for others will be built into the system, and a report will be produced outlining the anticipated revenue planned in the budget from others.
The plan will enable project efforts for various special events with established activities and service levels. Further, the plan will be used to estimate all work to be done for the year, including all after hours and overtime efforts.
The work plan will be divided into groups to allow for complete workload planning.
LAC anticipates three (3) meetings for this effort.
End product: Annual work program and budget for each activity and the maintenance division.
TASK B3.9 – DETERMINE RESOURCE REQUIREMENTS
After the initial work program and budget are determined, the annual labor, equipment, and material needs will be identified by LAC. A yearly calendar showing monthly resource needs will determine the monthly and annual quantities of materials, labor, and equipment required to fulfill the yearly plan.
This is accomplished through the system by utilizing the schedule information taken from the activity guidelines and the annual work program quantities.
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 9 City of Orange
The tool in MaintStar would be established with PW and CSD staff trained to estimate project needs using the work performance tool. Using the Work Program in task B4-8, a work breakdown by activity by month will be done. This will allow for work to be scheduled on a proactive basis.
The distribution will be reviewed in a working meeting with each group to confirm the timing by activity and used to update the plan. Routines, work history, and goals will be used to allocate determined work.
Two (2) meetings are anticipated.
End product: A list of required resources to fulfill the annual plan and a tool established for future projections and work calendar by month by activity
MAINTSTAR (MS) TASK
MS will modify and configure the system as necessary to match the needs of the City for the setup of the portal (if used), work request, and work order system. This will involve a virtual training session and guidance to ensure the program is properly functioning.
Deliverable: MS system work requests and work orders are configured and operational.
TASK B3.10 – IMPLEMENT A WORK REQUEST SYSTEM
LAC will implement the work request process for all groups utilizing the MaintStar system. LAC will work with the vendor to make the best of selected software to match customer needs and provide a tool for scheduling. LAC will assist all supervisors in utilizing the new processes and establishing business processes for the system to work successfully. This will allow all requested information to be stored in one place and accessed by staff. Other PW and CSD employees who will utilize requests for service will be trained to use the system.
Two (2) meetings are anticipated.
End product: Implementation of an automated Service Request System.
TASK B3.11– ESTABLISH WORK SCHEDULING PROCEDURES
LAC will work with employees and supervisors to establish short-term work scheduling procedures. A process for identifying, assigning, allocating resources, and estimating the time required to complete the various activities will be determined. This and a routine for scheduling meetings and monitoring maintenance progress will be identified.
Future processes for allocating resources to jobs will be outlined and integrated with the MaintStar capabilities, such as a work backlog and work calendars. In addition, a procedure will be developed, allowing staff to plan in advance and enable personnel to have the right resources on the right job at the right time. This effort will combine the system's capabilities with those of the supervisors.
LAC will present and teach the scheduling procedures to the appropriate personnel. In addition, LAC will monitor and direct this procedure during the first two months of implementation to ensure compliance and allow for fine-tuning of all processes involved.
Four (4) meetings are anticipated.
End product: Development of a bi-weekly scheduling system.
TASK B4 – ESTABLISH WORK REPORTING PROCEDURES
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 10 City of Orange
LAC will establish and implement routine work reporting procedures to properly obtain MaintStar data for all groups. The work reporting procedures will be presented, taught to the appropriate personnel, and monitored during the first four months of implementation to ensure compliance. The work will be reported on related work orders. In addition, each appropriate employee will record the following information using each work order completed.
The daily work report will include the following:
Responsible Supervisor
Activity performed
Location of work
Resources used
Date of work performed
Accomplishments
The completed daily work will be entered into the MaintStar via the work order module either in the field or in the office to allow comparisons of planned and actual values and work costing.
Three (3) meetings/training sessions are anticipated.
End Product: Standardized work reporting system established.
TASK B5 – DEVELOP WORK CONTROL AND MONITORING PROCESSES LAC will develop and document work controls and monitoring processes that will provide answers to the following questions:
How much work was accomplished versus what was planned? How effectively were the available resources utilized? What problems require correction to ensure the accomplishment of the work program? In addition, the control reports will include data that identifies:
Work Program progress – to monitor accomplishments
Resource utilization – to monitor the actual use of labor, equipment, and funds in accomplishing the work program
Productivity – to measure the effectiveness and efficiency of the work crews Unit Costs – to measure the cost-effectiveness of work accomplished to the costs incurred Standardized reports will be generated for various staff, depicting labor, equipment, contracts, and material by location and activity. Additional accounts may be established with the software vendor's assistance to ensure proper operations.
Three (3) meetings/training sessions are anticipated.
End Product: Training for the understanding of the use of these output reports.
MAINTSTAR (MS) TASK
MS will provide training on the report generator, Jasper, and various report functions of V15 to City staff in conjunction with LAC. In addition, counsel will be provided to enhance the system tool for multiple output capabilities.
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 11 City of Orange
Deliverable: MS system output capability is provided to the City.
TASK B6 – INSTITUTE SYSTEM ENHANCEMENT
LAC will use systems tools and adjust configurations to make the operation best match the City's desires in both PW and CSD. This includes
a. Development of outputs from the standard reports in Version 15 and those designed using third-party report generators such as Jasper (MaintStar's third-party report writer) and Power BI to meet the City's needs.
b. Guidance in the utilization of the MaintStar mobile application. This includes setup, configuration, and training.
c. Adjusting screen configurations to match City Orange's desires with input from the City of Orange implementation team.
d. Develop dashboards and links to the City of Orange's website for work requests and status.
Three (3) meetings/training sessions are anticipated with PMs and superusers.
End Product: Enhancement provided for system usage.
TASK B7 – DEVELOP SYSTEM DOCUMENTATION
A document outlining the system and management processes will be developed as a reference and guide for applying the developed system. This will be included to document the various procedures and techniques required for operating and administering the maintenance system. In addition, screenshots of the current configuration will be included, and a word document will be provided for the City to update in the future.
End product: Documentation of the maintenance system.
TASK B8 – OVERALL MAINTSTAR SYSTEM TRAINING AND ADMINISTRATION CSD and PW managers, superintendents, and supervisors will be trained in all aspects of the MaintStar system.
Two (2) one-hour training sessions will be conducted on the following topics. Work order creation
Query creation
Work reporting
PM templates/master scheduling
Setup, security, and administration
End Product: All staff trained in MaintStar system use.
TASK B9 – CONDUCT IMPLEMENTATION TRAINING
LAC will conduct training sessions during the process. These will include using the MaintStar to formulate the annual plan, organization of resources, and schedule and control maintenance. The sessions will consist of both general management training and actual implementation directions.
A training session will detail the use of computer operations in the maintenance system. In addition, staff will be trained in the entry of work data, production of reports, system parameters, and database updating.
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 12 City of Orange
This effort aims to ensure all stakeholders understand and apply the design and related management processes.
LAC anticipates conducting two (2) training sessions.
End Product: Implementation training sessions.
TASK B10 – REPORT INTERPRETATION TRAINING
LAC will train staff working with the vendor to use MaintStar reports to adjust operations to become more effective and efficient in using maintenance resources, monitor adherence to the annual plan, and identify problems in productivity and work methods. This effort would allow staff to use data to make the necessary decisions to improve operations.
This effort will include designing specific reports needed to manage operations by the group.
It is anticipated to have two reports for each group. The effort is to produce output for management and train employees to create custom reports.
LAC anticipates two (2) meetings for this effort.
End Product: Training on report interpretation and customization.
MAINTSTAR (MS) TASK
MS will have close-out meetings to discuss issues, opportunities, new features, and items for improvement and optimization in software use. These meetings will include a question-and- answer session with the users. This effort will be a two-tiered discussion on the functionality for PW and CSD in two sessions and another session on the administration of the database and coordination of hosting and database access and reporting functionality.
Deliverable: MS system questions answered, and updated training provided TASK B11 – FINAL EVALUATION AND REPORT
A final report will be prepared after the implementation of the system. This report will document all data utilized, the steps required to maintain the MaintStar system, documented improvements after implementation, and any recommendations for future improvements in operations.
End Product: Final evaluation and report.
TASK B12– MONTHLY STATUS AND QUALITY CONTROL
Monthly status reports will be prepared for the City. These reports will include a listing of all the project tasks with a summary status and a percentage completed for each task.
End Product: A monthly status report will be provided, along with telephone support.
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 13 City of Orange
TAB D. Cost Proposal
Having done similar projects, LAC is comfortable estimating the cost by task. Our experience in this type of effort and our knowledge of the area allow us to use our expertise to make these estimates. Our costs include all travel and expenses.
As shown in the figure below, the cost for the 15 tasks is $127,182. This is a challenging assignment, and LAC has the capabilities and necessary resources to ensure a successful project.
Cost by Task
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 14 City of Orange
Schedule
The anticipated schedule, as shown below, is ten months.