CI
TY OF SIMI VALLEY
MEMORANDUM
Ap
ril 25, 2022
TO: B
oard of Directors, Ventura County Waterworks District No. 8 FR
OM: Department of Public Works
SUBJ
ECT: DETERMINATION OF INCONGRUOUS VENDOR AND AWARD OF
CONTRACT FOR AS-NEEDED PROFESSIONAL SERVICES TO
DESIGN, REVIEW, AND INTEGRATE NEW CONSTRUCTION
PROJECTS INTO THE WATERWORKS SCADA SYSTEM
STAFF RECOMMENDATION
It is r
ecommended that the Board of Directors:
1. Determine Northern Digital, Inc. (NDI) to be an incongruous vendor to provide Supervisory Control and Data Acquisition (SCADA) technical support services;
2. Award the attached five-year contract (page 5) to Northern Digital, Inc., in the amount of $650,000, for professional services to design, review, and integrate new construction projects into the Waterworks SCADA system.
BACKGROUND AND OVERVIEW
The Ventura County Waterworks District #8 (District) SCADA (Supervisory Control and Data Acquisition) system is responsible for monitoring and control ling the pump stations, water supply turnouts, and water storage tank levels to ensure that the water system is operating properly and has water available for custo mers.
District staff has been working with NDI (Northern Digital, Inc.) staff since 1999. On August 10, 2020 (Exhibit 1), the Board of Directors awarded a three- year contract to NDI, to provide professional engineering and installation services for the maintenance of the existing SCADA system. Th is contract is still in place and allows District staff to utilize NDI to maintain, upgrade, and improve the existing SCADA system. However, a second, new, contract is needed for NDI to perform work, including assistance with the preparation of bid documents to add new facilities to the existing SCADA system.
The District is currently designing five new/replacement pump stations: Alta Vista, Oak Knolls, Walnut Avenue, and Box Canyon Stations 1 and 2. In additi on, th e District will be installing emergency generators to provide backup electricity at several sites and will be replacing some water storage tanks over the next few years (see Attachment A, Location Map, Page 4). Each of these sites will need design and integration s ervices to be added to the existing SCADA system.
W:\AGENDA\2022 CC Staff Reports\04-25-2022\PW-CC-Award contract to Northern Digital\1 - Staff Report.docx AGENDA ITEM NO.
Consent (6)
W:\AGENDA\2022 CC Staff Reports\04-25-2022\PW-CC-Award contract to Northern Digital\1 - Staff Report.docx
FINDINGS AND ALTERNATIVES
NDI recently completed the system upgrades and conversion of GE Proficy iFIX software to the new Ignition HMI/SCADA software. Their comprehensive work replaced the overall system including updating the Programmable Logic Controllers (PLCs), network servers, alarm systems, the SCADA’s operating system software, and Human Machine Interface (HMI) software. NDI’s historical understanding of the performance of the system and experience in improving the SCADA system will effectively reduce the frequency of errors, which would likely result from less experienced vendors with only specialized expertise in part of the system. Past experience has shown that integrators, without a thorough understanding of the SCADA system , often make errors that create problems req uiring extensive troubleshooting time and cost to correct. These errors could potentially lead to disruptions of water service.
NDI’s involvement in the design of the sy stem will facilitate standardized and identical, linear, structural sequencing throughout the system so everything functions properly and performance is not corrupted during system upgrades, conversions, or programming changes.
Northern Digital, Inc. of Bakersfield has been found to be a responsive and experienced vendor and staff recommends that NDI be determined an incongruous vendor to design, review, and integrate new construction projects in the existing SCADA system for the reasons listed. Staff’s recommendation is in accordance with the City’s Purchasing Ordinance, Section 2-9.201 (d), which makes bidding unnecessary when the purchase is not suitable to the bid proc
edure.
The attached contract (page 5) provides that Nor thern Digital, Inc. will perform services as authorized by the District on an as-n eeded basis and will submit invoices in accordance with the rates contained in their Schedule of Fees ( Exhibit B, page 13).
The FY 2021-22 District Budget contains funding for the design of the new/replacement facilities.
The following alternatives have been identified for the Board of Directors consideration:
1. Determine that NDI to be an incongruous vendor in accordance with the City’s Purchasing Ordinance, Section 2-9.201 (d), which makes bidding unnecessary when the purchase is not suitable to the bid procedure;
2. Award the attached five-year contract (page 5) to Northern Digital, Inc., in the amount of $65 0,000, for professional services to design, review, and integrate new construction projects into the Waterworks SCADA system;
3. Do not award a contract at this time and provide staff further direction.
Staff r
ecommends Alternatives No. 1 and 2.
2 W:\AGENDA\2022 CC Staff Reports\04-25-2022\PW-CC-Award contract to Northern Digital\1 - Staff Report.docx
SUGGESTED BOARD MOTION
I move t
hat the District find that Northern Digital, Inc. is incongruous to the bidding process and award a five-year contract to Northern Digital, Inc. in the amount of $650,000 for professional engineering services to design, review, and integrate new construction projects into the Waterworks SCADA system.
SUMMARY
Staf
f recommends that Northern Digital, Inc. be determined an incongruous vendor in accordance with the City’s Purchasing Ordinance, Section 2- 9.201 (d), which makes bidding unnecessary when the purchase is not suitable to the bid procedure. Northern Digital, Inc. has an existing contract that allows District staff to utilize NDI to maintain, upgrade, and improve the existing SCADA system. However, it was determined that a new contract is needed for NDI to perform work to add new facilities to the existing SCADA system. Staff recommends that the Board of Directors award the attached five-year contract to Northern Digital, Inc. in the of amount of $650,000, for professional services to design, review, and integrate new construction projects i nto the Waterworks SCADA system.
_________
_________________________
Ronald K. Fuchiwaki
Public Works Director
Prepar
ed by: Michael Kang, Principal Engineer
INDEX P
age
Attachment A – Location Map .......................................................... 4 Contract ............................................................................................ 5 Exhibit 1 – August 10, 2020 Staff Report ....................................... 18 3 ATTACHMENT A
4 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE VENTURA COUNTY WATERWORKS DISTRICT NO. 8
AND NORTHERN DIGITAL, INC. FOR AS-NEEDED SERVICES
TO DESIGN, REVIEW, AND INTEGRATE NEW
CONSTRUCTION PROJECTS INTO THE WATERWORKS
SCADA SYSTEM
THIS CONTRACT is made and entered into in the City of Simi Valley on this 25th day of April, 2022, by and between the VENTURA COUNTY WATERWORKS DISTRICT NO. 8 , a municipal corporation, hereinafter referred to as DISTRICT , and NORTHERN DIGITAL, INC. , a California corporation, hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, on March 9, 2022, DISTRICT requested a proposal for as-needed services to design, review and integrate new construction projects into the Waterworks SCADA system; and
WHEREAS, pursuant to s uch request, CONSULTANT submitted a proposal , which was accepted by DISTRICT for the services.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Term. The term of this CONTRACT is for five (5) years and shall be effective from the date this CONTRACT is made and entered as first written above to April 30, 2027. It is understood that the CONSULTANT’S work under the Work Orders issued may not be complet ed within the term of this CONTRACT; however, all terms and conditions of the CONTRACT including all rights and obligations, shall survive until the work is completed, except the DISTRICT’S right to issue, and the CONSULTANT’S right to accept, additional Purchase Orders.
5 3. Description of Services . The s ervices to be performed by CONSULTANT are as follows:
CONSULTANT shall provide as -needed professional services to design, review, and integrate new construction projects into the Waterworks SCADA sys tem. CONSULTANT agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A”. CONSULTANT will meet with DISTRICT at least monthly to discuss the anticipated tasks planned for the month and to receive direction from DISTRICT regarding same.
4. Compensation and Payment
.
A. The total compensation payable to CONSULTANT by DISTRICT for s ervices under this CONTRACT shall not exceed the sum of $ 650,000 (the “Not-To- Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein. Pricing shall remain constant for the first two years of the Term of this Agreement. Thereafter, CONSULTANT shall provide DISTRICT with any changes to its rates and fees with ninety (90) days notice to DISTRICT for their review and approval.
CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not-To- Exceed Amount or any particular amount of compensation or work under this CONTRACT.
B. After CONSULTANT has performed the services as specified in this CONTRACT, DISTRICT shall be obligated to pay CONSULTANT based upon the actual DISTRICT-authorized services received by DISTRICT at the rates established as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not -To- Exceed Amount unless otherwise agreed to by the parties in writing.
C. Payments to the CONSULTANT shall be made within 30 days after receipt of an original invoice from the CONSULTANT and acceptance of the services by DISTRICT.
D. CONSULTANT shall provide DISTRICT with written verification of the actual compensation earned, which written verification will be in a form satisfactory to DISTRICT. Invoices shall include the work performed including a list of hours worked by personnel.
5. CONSULTANT’s Representations and Obligations.
A. CONSULTANT shall perform as required by t his CONTRACT.
CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONSULTANT shall obey all Federal, State, local, and special district laws, ordinances, and regulations.
6 C. CONSULTANT agrees to abide by City of Simi Valley’s Business Tax Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.
D. CONSULTANT acknowledges DISTRICT may contract with
other parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.
6. Audit.
A. At any time during normal business hours and as often as the DISTRICT may deem necessary, CONSULTANT shall make available to DISTRICT for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit DISTRICT to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least (2) years after termination or final payment under this CONTRACT.
B. DISTRICT shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to DISTRICT as a condition precedent to any payment to CONSULTANT.
7. Hold Harmless and Indemnification
. To the fullest extent permitted
by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, and provide legal defense with attorney(s) acceptable to DISTRICT, indemnify, and hold harmless the DISTRICT , its agents, officials, officers, representatives, and employees, (collectively “Indemnitees”) from and against all claims, lawsuits, liabilities or damages (including, without limitation, injury to or death of an employee of CONSULTANT or its sub -consultant), expense and liability of every kind, nature and description (including, without limitation incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of litigation) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, any sub-consultant, anyone directly or indirectly employed by them, or anyone that they control.
To the extent there is an obligation to indemnify under this Section of this CONTRACT, CONSULTANT shall be responsible for incidental and consequential damages resulting from CONSULTANT’S negligence, recklessness, or willful misconduct. The provisions of this Section survive completion of the services or the termination of this CONTRACT. The provisions of this Section are not limited by the provisions of this CONTRACT relating to insurance. The CONSULTANT shall thoroughly investigate any and all claims subject to the provisions of this Section, and indemnify the DISTRICT and do whatever is necessary to protect any and all Indemnitees.
8. Amendments
. Any amendment, modification, or variation from the
provisions of this CONTRACT shall be in writing and sh all be effective only upon mutual written approval by the CITY and CONSULTANT.
7 9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may resul t in the imposition of penalties referred to in Labor Code Section 1735.
10. Termination. If, during the term of this CONTRACT, DISTRICT determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, DISTRICT may notify CONSULTANT in writing of such defect or failure to perform.
The notice must give to the CONSULTANT a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONSULTANT has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and DISTRICT may terminate this CONTRACT immediately by written notice to CONSULTANT. In addition, DISTRICT , if it terminates this CONTRACT for c ause, may withhold as an offset from payments due CONSULTANT damages occasioned by such breach, including liquidated damages, if so provided herein.
The DISTRICT shall be liable to the CONSULTANT only for those fees accrued by the CONSULTANT to the date C ONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of the Contract amount.
11. Delivery of Reports in Cases of Termination . If this CONTRACT is terminated pursuant to any of the provisions contained hereinabove, and if requested to do so in writing by the DISTRICT, the CONSULTANT shall, within fourteen (14) calendar days after receipt of such written request, deliver and turn over to the DISTRICT all of its preparation and work on the project which were done to the date of the receipt of the notice of termination. The terms "preparation" and "work" as used in this paragraph, shall refer to and include all data and materials of whatever type that have been gathered by the CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.
12. Complete CONTRACT . This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.
13. Independent Contractor . It is expressly understood between the parties to this CONTRACT that no employee/employer relationship is intended.
CONSULTANT is not an agent or employee of the DISTRICT and it is not entitled to participate in any pension plan, insurance or other benefits DISTRICT provides for its employees. CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed. Any provision of this CONTRACT that may appear to give DISTRICT the right to direct CONSULTANT as to the details of doing the work required herein, or to exercise a measure of control over the work means that the CONSULTANT will follow the direction of the DISTRICT as to the results of the work only.
8 14. Time of Performance. Time is of the essence in this CONTRACT.
15. Insurance. CONSULTANT shall, at CONSULTANT’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.
CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
16. Ownership of Reports and Data. The originals of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by this CONTRACT to be furnished to the DISTRICT by any of the other party(ies) with whom the CONSULTANT may have contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the DISTRICT.
17. Conflict of Interest . Neither CONSULTANT nor any employees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto.
If the parties there upon cannot mutually agree upon a means to eliminate the conflict, DISTRICT may terminate the CONTRACT immediately for non- performance pursuant to Section 11 herein.
In accordance with California Government Code Section 87306, CONSULTANT shall provide, if requested by DISTRICT, a Conflict of Interest Statement, Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONTRACT. Failure to file any of the required statem ents will result in withholding payment for services rendered.
18. Successors and Assigns
. The terms hereof shall be binding upon and
inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.
19. Authority to Execute CONTRACT . Both DISTRI CT and CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party.
20. Jurisdiction and Venue. Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
9 21. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of DISTRICT . In the event DISTRICT has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
22. Taxpayer Identificat ion Number . CONSULTANT shall provide DISTRICT with a complete Request for Taxpayer Identification Number and Cert ification, form W-9 (latest revision), as issued by the Internal Revenue Service.
23. Permits and Licenses. CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
24. Waivers. The waiver by one party of any term or condit ion of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
25. Statement of Experience. CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONSULTANT’S professed expertise and experience in performing such Services. In addition, CONSULTANT understands and agrees that while DISTRICT or DISTRICT’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against DISTRICT or any of DISTRICT’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT.
26. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:
DISTRICT Ron Fuchiwaki, Director
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Michael Kang, Principal Engineer
(805) 583-6809
10 CONSULTANT Northern Digital, Inc.
P.O. Box 20789
Bakersfield, CA 93390
Attn: Martin Obermire, Vice President
(661) 322-6044
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: Ventura County Waterworks District No. 8,
A Municipal Corporation
By:
Lucy Blanco, District Secretary Keith L. Mashburn, Chair of the Ventura County Waterworks District No. 8
Approved as to Form: Northern Digital, Inc.
By:
David L. Caceres, District Counsel
Title:
Approved as to Content:
Print Name:
_
Brian Paul Gabler, District Manager By:
Title:
Alison M. Phagan Print Name:
Deputy Administrative Services Director
(Support Services)
Ronald K. Fuchiwaki
Public Works Director
11 9
EXHIBIT “A”
SCOPE OF WORK
CONTRACT FOR PROFESSIONAL SER VICES BETWEEN THE VENTURA COUNTY WATERWORKS DISTRICT NO. 8 AND NORTHERN DIGITAL, INC.
FOR AS-NEEDED SERVI CES TO DESIGN, REVIEW, AND INTEGRATE
NEW CONSTRUCTION PROJECTS I NTO THE WATERWORKS SCADA
SYSTEM
Design and Specification Devel opment (May include but not limit ed to the following:
Develop P&ID Drawings, and or review and comment on P&ID /drawings
Develop Process Flow Diagrams with Control Elements, and or re view and comment on Process Flow Diagrams
Develop High Level Loop Descrip tions (Control Narrative), and or review and comment on the Loop Descriptions.
Develop Specifications for Ins trumentation, and or review and comment on Instrumentation specifications
Develop Site Specific PLC Contr ol Panel Design Drawings includ ing material list, and or review and comment PLC Control Panel Desi gn Drawings including material list
Develop Site Specific Radio / Communications Design
Attend / Participate in works hops, meetings, and conference call as the project requires
PLC Program Development & HMI / SCADA Development:
Site / Process Specific (Object Oriented) PLC Program Development Site / Process Specific (Object Oriented) HMI / SCADA Development Site Specific System Commissioning and Startup services for th e PLC & HMI / SCADA programs
12 EXHIBIT “B”
SCHEDULE OF FEES
CONTRACT FOR PROFESSIONAL SER VICES BETWEEN THE VENTURA COUNTY WATERWORKS DISTRICT NO. 8 AND NORTHERN DIGITAL, INC.
FOR AS-NEEDED SERVI CES TO DESIGN, REVIEW, AND INTEGRATE
NEW CONSTRUCTION PROJECTS I NTO THE WATERWORKS SCADA
SYSTEM
13 14
EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE
VENTURA COUNTY WATERWORKS DISTRICT NO. 8 AND NORTHERN
DIGITAL, INC. FOR AS-NEEDED SERVICES TO DESIGN, REVIEW, AND
INTEGRATE NEW CONSTRUCTION PROJECTS INTO THE
WATERWORKS SCADA SYSTEM
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Consultant hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of 15 work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insuranc e (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its Boards, Officers, Agents, Officials, em ployees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review. 16 Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
17 PW\Water\BID SPECS\SCADA RFP PW 20-06\AWARD AND CONTACT\NDISCADA.SR
CITY OF SIMI VALLEY
MEMORANDUM
Au
gust 10, 2020
TO: B
oard of Directors, Ventura County Waterworks District No. 8 FR
OM: Department of Public Works
SUBJ
ECT: AWARD OF CONTRACT FOR PROFESSIONAL ENGINEERING AND
INSTALLATION SERVICES FOR THE MAINTENANCE OF THE
EXISTING SUPERVISORY CONTROL AND DATA ACQUISITION
(SCADA) SYSTEM, CP76300014, CP76300015, RFP PW 20-06
STAFF RECOMMENDATION
It
is recommended that the Board of Directors:
1. Aw
ard the attached three-year contract (page 4) to Northern Digital Inc., in an amount not to exceed $525,000 for Professional Engineering and Installation Services for the maintenance of the existing Supervisory Control and Data Acquisition (SCADA) System through June 30, 2023 , and authorize the Chair of the Board to execute the contract;
2. Aut
horize the District Manager to approve two additional two-year extensions.
BACKGROUND AND OVERVIEW
Ve
ntura County Waterworks District No. 8 (District) utilizes professional consultant-based firms to provide specialized services to maintain the Supervisory Control and Data Acquisition ( SCADA) system. The District’s SCADA system controls pumps base d on water tank levels throughout the service area. Sixty field controllers, which are controlled by a centralized computer, comprise the SCADA system.
On M
ay 13, 2020, staff mailed a Request for Proposal (RFP) to 12 firms and posted the RFP on the City’s website. On June 10, 2020, proposals were received as follows:
• Nor
thern Digital Inc., Bakersfield, CA
• Trimax Systems, Inc., Brea, CA
• Aspect Engineering Group, Bakersfield, CA
• Scada Integrations, Inc., Carlsbad, CA
• Technical Systems Incorporated, Irvine, CA
• Vertech, Inc., Irvine, CA
AGENDA ITEM NO.
Consent (1)
EXHIBIT 1
18 PW\Water\BID SPECS\SCADA RFP PW 20-06\AWARD AND CONTACT\NDISCADA.SR
Staff evaluated the proposals based on their qualifications and management experience as follows:
• U
nderstanding the scope of work (weighted 20%)
• Communication and Management Skills (weighted 20%)
• Demonstrated professional skill and credentials of the sta ff to be assigned (weighted 20%)
• Related experience and references (weighted 25%)
• Approach to performing this type of service (weighted 15%) N
orthern Digital, Inc. , was found to be the most qualified firm for this project. Their proposal addresses the required scope of work and indicates a thorough understanding of the services needed. The standard billing rates that Northern Digital, Inc., submitted for this contract are in line with the other bidders. Northern Digital, Inc. , has vast SCADA experience with other municipalities and utility districts and has worked satisfactorily for the District in the past.
T
he contract provides that Northern Digital, Inc., will perform services as authorized by the District on an as-needed basis and will submit invoices in accordance with the rates contained in their proposal. The FY 2020-21 District Budget contains $175,000 for SCADA system-related maintenance and services , and a similar amount will be requested in FY 2021-22, and FY 2022- 23. The proposed three- year contract term is valid through June 30, 20 23, with the option for the District Manager to extend the contract for two additional two-year terms.
FINDINGS AND ALTERNATIVES
T
he following alternatives are available to the Board of Directors:
1. A
ward the attached three -year contract (page 4) to Northern Digital , Inc., in an amount not to exceed $525,000 for Professional Engineering and Installation Services for the maintenance of the existing Supervisory Control and Data Acquisition (SCADA) System through June 30, 2023;
2. A
uthorize the District Manager to approve two additional two-year extensions;
3. D
o not award the contract;
4 . Provide staff with further direction.
S
taff recommends Alternative Nos. 1 and 2.
19 PW\Water\BID SPECS\SCADA RFP PW 20-06\AWARD AND CONTACT\NDISCADA.SR
SUGGESTED BOARD MOTION
I mov
e to award the three- year contract to Northern Digital , Inc., in an amount not to exceed $525,000 for Professional Engineering and Installation Services for the maintenance of the existing Supervisory Control and Data Acquisition (SCADA) System through June 30, 20 23, , and authorize the District Manager to approve two additional two-year extensions.
SUMMARY
P
roposals were received on June 10 , 20 20, for Professional Engineering and Installation Services for the m aintenance of the existing Supervisory Control and Data Acquisitions (SCADA) System, RFP PW 20-06. The FY 2020 -21 District Budget contains $ 175,000 for these services , and a similar amount will be requested in FY 2021-22 and FY 2022- 23. Northern Digital , Inc., has been determined to be the most qualified to maintain the SCADA system , and it is recommended that the Board of Directors award a contract to Northern Digital, Inc.
R onald K. Fuchiwaki
Public Works Director
P
repared by: Zelma Gillette Neal, Budget & Administration Manager INDEX Page
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ontract ........................................................................... 4 20 21
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26 27
28 29
30 31
32 33
34 35
36