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HomeMy WebLinkAboutTough Automation On-Call - SignedCITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT This agreement (Agreement) is made and entered into in the City of San Luis Obispo on _______, by and between the City of San Luis Obispo, a municipal corporation and charter city (City) and Tough Automation, (Contractor). WITNESSETH: WHEREAS, the City advertised and accepted bids on June 8, 2023 for SCADA Support Services and wants to engage Contractor for on-call as needed control systems integration services (the “Services”); and WHEREAS, Contractor is qualified to perform this type of Services and has submitted a bid proposal on June 8, 2023 to do so, which has been accepted by City; and NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1.TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, for five years, or upon acceptance and completion of said Services, whichever occurs sooner. 2.INCORPORATION BY REFERENCE. City Notice Requesting Proposal and Qualifications for SCADA Support Services, and Contractor’s proposal dated June 8. 2023, are hereby incorporated in and made a part of this Agreement, attached as Exhibit A. The City’s insurance requirements are hereby incorporated in and made part of this Agreement, attached as Exhibit B. B.To the extent that there are any conflicts between the Consultant’s fees and scope of work and the City’s terms and conditions as stated herein, the City’s terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both Parties. 3.CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation as set forth in Exhibit A. Contractor may raise pricing each year equal to the CPI % for the Los Angeles Region each June. 4.CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement including that work as set forth in Exhibit A. 5.PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that Contractor is required to pay. 6. have in full force and effect, all licenses required of it by law for the performance of the LICENSES AND PERMITS. At all times during the term of this Agreement, Contractor shall DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 11/16/2023 | 8:46 AM PST CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 2 Services described in this Agreement. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary under this Agreement. 7.COMPLIANCE WITH LAW. The Contractor shall keep itself informed of and shall observe and comply with all applicable State and Federal laws and regulations, and county and City of San Luis Obispo ordinances, regulations and adopted codes, which in any manner affect those employed by Contractor or in any way affect the performance of the Services pursuant to this Agreement. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement. 8.COMPLIANCE WITH INDUSTRY STANDARD. Contractor shall provide services acceptable to City in strict conformance with the Agreement. Contractor shall also provide services (including but not limited to service levels and operation levels) in accordance with the standards customarily called for under this Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where approval by the City, the City Manager, the Mayor, or other representative of City is required, it is understood to be general approval only and does not relieve Contractor of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices. 9.INDEPENDENT CONTRACTOR. a.Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor 's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b.No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 10.PRESERVATION OF CITY PROPERTY. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from Contractor’s operations, it shall be replaced DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 3 or restored at Contractor’s expense. The City’s facilities shall be replaced or restored to a condition as good as when the Contractor began the work. 11. IMMIGRATION ACT OF 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of the Services 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 Services hereunder. 12. NON-DISCRIMINATION. In the performance of the Services, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 13. WORK DELAYS. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the Agreement, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the cause of the same. 14. PAYMENT TERMS. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 15. PAYMENT TECHNOLOGY – The City utilizes Chase Paymentech (aks Orbital, NetConnect) as the preferred credit card merchant processor. Contractor must utilize a compatible payment gateway in order to process electronic credit card payments. Exceptions can be evaluated and approved at Finance Director’s discretion. 16. INSPECTION. City shall at all times have the right to inspect the work being done under this Agreement and Contractor shall furnish City with every reasonable opportunity and assistance required for City to ascertain that the Services of the Contractor are being DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 4 performed in accordance with the requirements and intentions of this Agreement. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations under the Agreement. 17.CONFIDENTIALITY. Contractor agrees that any and all information and data furnished by City shall be deemed proprietary and confidential. All such information, to the extent previously, presently or subsequently disclosed to Contractor and/or processed and derived by Contractor services is the property of City and such property shall be deemed and treated as “Confidential Information” of the City. Contractor acknowledges that such Confidential Information may contain information provided and/or generated by third parties. Contractor agrees that such Confidential Information shall not be disclosed to any third party without written consent from City, except as required by law, including but not limited to a subpoena, court order, or a request pursuant to the California Public Records Act. Contractor shall not use City’s Confidential Information except to perform Contractor’s Services as directed by the Agreement. 18.OBLIGATIONS UPON TERMINATION. Upon termination or expiration of this Agreement, Contractor will ensure that all Confidential Information is securely transferred to City within thirty (30) calendar days. Contractor shall ensure that any transfers of Confidential Information is accomplished by methods that are compatible with relevant City systems, and that City will have access to all Confidential Information during any such transfer. Contractor shall securely dispose of all Confidential Information when requested by City and Contractor shall provide written notification to City once all Confidential Information has been securely disposed of. 19.DATA BREACH. a.Contractor shall report to City any data breach, as defined herein, as soon as possible but no later than twenty-four (24) hours after Contractor discovers such breach. Breach is defined as unauthorized acquisition or reasonable belief of unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of Confidential Information maintained by Contractor. Contractor agrees to take commercially reasonable measures to address Breach in a timely manner. Except as otherwise required by law, Contractor shall not provide notice to end users or other entities of any Breach without written permission from City. Contractor shall begin remediation of the Breach immediately. Contractor shall provide daily updates, or more frequently if desired by City regarding findings and actions performed by Contractor until the Breach has been effectively resolved to City’s satisfaction. Contractor shall conduct an investigation of the Breach and shall share the report of the investigation with City. At City’s sole discretion, City and its authorized agents shall have the right to DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 5 lead or participate in the investigation. Contractor shall cooperate fully with City and its agents and law enforcement. b. Contractor shall promptly reimburse City in full for all fees and costs incurred by City in any investigation, remediation, or litigation resulting from any Breach, including identity protection and restoration services for each person, who in the City’s sole discretion, could by impacted by identity theft. 20. LOCATION OF DATA & DISASTER RECOVERY. At all times during the Term of this Agreement, Contractor shall physically store and maintain Confidential Information provided by City within the continental United States (“Data Center”). At all times during the Term of this Agreement, Contractor acknowledges that its disaster recovery sites must be within the continental United States, but geographically separate from the location where City’s Confidential Information is physically stored and maintained. 21. DATA SECURITY. Contractor shall ensure that all Confidential Information stored or at rest in Contractor’s Data Center, or in transport, will be encrypted in transport and will not be transferred to any other hosting entity without the written consent of City. 22. ONLINE & HOSTING FACILITY SECURITY. All facilities, devices, networks and services used to store, deliver, process, backup or purge Confidential Information will employ administrative, physical, technical, and procedural safeguards and best practices at a level sufficient to secure Confidential Information from unauthorized access, destruction, use, modification, or disclosure. Such measures will be no less protective than those used to secure Contractor’s own information of a similar type, and in no event less than reasonable in view of the type and nature of the information involved. 23. AUDIT. Where applicable, as determined in City’s sole discretion, Contractor shall acquire, on an annual basis at Contractor’s sole expense, a confidential Service Organization Control (SOC) 2 Report on its systems examining logical security controls, physical security controls, and system availability, as produced by a third-party auditor in relation to the services provided by Contractor through this Agreement (“SOC 2 Report”) and provide such report to the City. The SOC 2 Report will constitute Confidential Information as defined by this Agreement and be maintained in the manner set forth in this Agreement. Further, the City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 24. AVAILABILITY OF DATA. In the absence of a documented Service Level of Agreement provided by Contractor, Contractor guarantees 99.99% availability of its services offered to City through this Agreement. Contractor acknowledges that if Contractor’s services experience downtime, meaning any instance where the Contractor’s services provided this Agreement are unavailable to the City, other than scheduled downtime or for reasons beyond Contractor’s control, for fifty-two (52) minutes total or more in a calendar year, DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 6 City shall receive the following credit: for every fifteen (15) minutes of downtime, City will receive a credit equal to 5% of City’s annual fee for Contractor’s affected services, divided by twelve (12). To receive a credit, City shall request the credit in writing and provide documentation of communications with Contractor (calls, e-mails, support tickets, logs, or other monitoring) demonstrating and reporting downtime within thirty (30) days of the downtime exceeding fifty-two (52) minutes in a calendar year. 25. RIGHTS IN DATA. If, in connection with the services performed under this Agreement, Contractor or its employees, agents, or subcontractors, create artwork, audio recordings, blueprints, designs, diagrams, documentation, photographs, plans, reports, software, source code specifications, surveys, system designs, video recordings, or any other original works of authorship, whether written or readable by machines (“Deliverable Materials”), all rights of Contractor or its subcontractors in the Deliverable Materials, are the sole property of City. Contractor, including its employees, agents, and subcontractors, may not use any Deliverable Material for purposes unrelated to Contractor’s work on behalf of the City without the prior written consent of the City. 26. SOFTWARE LICENSING. Contractor represents and warrants that the software, if any, as delivered to the City, does not contain any program code, virus, worm, trap door, back door, timer, or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically, upon the occurrence of licensor-selected conditions or manually on command. Contractor further represents and warrants that all third-party software, if any, delivered to City or used by Contractor in the performance of the Contract, is fully licensed by the appropriate licensor. 27. INTELLECTUAL PROPERTY WARRANTY AND INDEMNIFICATION. Contractor represents and warrants that any materials or deliverables provided under this Agreement (“Deliverable Materials”) are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent, or other intellectual property rights of any third party or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark, or patent infringement, City shall have the right, in its sole discretion, to require Contractor to provide, at Contractor’s own expense, new non-infringing materials, deliverables, or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Contractor further agrees to indemnify, defend, and hold harmless the City, its officials, employees, and agents (“City Indemnitees”) from and against any and all claims, actions, costs, judgements, or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services, or works provided under this Agreement infringe the copyright, trademark, patent, or other intellectual property or proprietary rights of any third party (“Third Party Claim of Infringement”). If a Third- DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 7 Party Claim of Infringement is threatened or made before Contractor receives payment under this Agreement, City shall be entitled, upon written notice to the Contractor, to withhold some or all of such payment. In the event the City Indemnitees are made a party to any actions, lawsuit, or other adversarial proceeding arising from any Third Party Claim of Infringement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of the defense, including reasonable legal fees, incurred in defense of such claims. 28. INDEMNIFICATION AND DEFENSE. To the fullest extent permitted by law (including, but not limited to California Civil Code Section 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“Claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made party to any actions, lawsuit, or other adversarial proceeding arising from the Contractor’s performance or nonperformance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees for their costs of defense, including reasonable legal fees, incurred in defense of such Claims. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. 29. TERMINATION FOR CONVENIENCE. At any time during the term of this Agreement, the City has the right to terminate this Agreement upon thirty (30) days’ written notice to the Contractor. Should the City terminate this Agreement for convenience, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s direction as to work in progress. 30. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a ten (10) calendar day notice of time thereafter in which to perform said work or cure the deficiency. a. If the Contractor has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 8 Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except to comply with the obligations upon termination set forth in Section 15 of this Agreement. b. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work or services performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-in-progress in completing the overall scope. c. The City reserves the right to delay such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 31. INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and made part of this Agreement. 32. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 33. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 34. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 35. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 9 the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 36.ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 37.AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the appropriate review authority according to the City’s Financial Management Manual. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized by the City in advance and in writing. 38.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the parties hereto. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 39.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: To City: IT Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attention: Josh Erquiaga To Contractor: Tough Automation 6030 Portola Ave. Atascadero, CA 93442 40.GOVERNING LAW. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 CITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 10 shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. 41.AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY CONTRACTOR _______________________________ By: City Manager _______________________________ By: APPROVED AS TO FORM: _______________________________ By: J. Christine Dietrick, City Attorney DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 STATEMENT OF QUALIFICATIONS LIC. 1019767 INDUSTRIAL CONTROLS 6030 Portola Rd. Atascadero, CA 93422 T: 805-400-9015 E: info@toughautomation.com Andy Thomson Exhibit A DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Table of ContentsSECTION I - Qualifications and Experience 04 SECTION II - Professional Team 16 DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 3 www.toughautomation.com Tough Automation LIC # 1019767 DIR # 1000043972 W: toughautomation.com 6030 Portola Rd. Atascadero, CA 93422 T: 805-400-9015 E: info@toughautomation.com DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 4 www.toughautomation.com The CCSD Water Department’s existing infrastructure consisted of a combination of different control systems that had been repaired over the years, with no SCADA or remote communications of any kind. The city invested in a radio study and SCADA system that became obsolete before the project was performed. HISTORY Tough Automation worked closely with district to come up with a multi-phase project to provide a SCADA system for the water system that worked within the city’s financial constraints. The system runs on Inductive Automation’s Ignition Perspective plaform, with Allen Bradley and other PLC systems. PROJECT SUMMARY Tough Automation performed a radio study and provided a plan for a high performance radio network to provide communication to 13 locations. This sytem utilizes ethernet based radios on both 900 Mhz and 5.8Ghz spectrums, with some sites off grid solar powered repeaters. SCADA RADIO INFRASTRUCTURE CAMBRIA COMMUNITY SERVICES DISTRICT WATER DEPARTMENT SCADA SYSTEM CCSD WATER IGNITION SCADA SYSTEM Since the existing infrastructure had no SCADA capable control systems to utilize, all of the sites needed to be upgraded to a modern control system. Tough Automation designed and replaced all 12 of the district’s outdated water control systems with fully automated control packages. INDEPENDENT CONTROL SYSTEMS SECTION I - Qualifications and Experience: Related Projects DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 5 www.toughautomation.com • James Green, Cambria CSD Water Systems Superintendent - jgreen@cambriacsd.org REFERENCE FOR PROJECT We provided a SCADA System utilzing the Ignition Perspective SCADA platform to provide an overall view and control to each of the remote systems. This platform runs on a redundant server setup, providing a historian and automated reporting abilities to maintain compliance with the regulatory bodies ever growing requirements. The integrated alarm server provides user tracked alerts and acknowledgement through text and voice. Ignition’s diverse driver abilities allow communication to Allen Bradley PLCs and other existing PLC technologies. IGNITION SCADA SYSTEM The systems entailed programming and installing a PLC (programmable logic controller) with large touchscreen HMI (Human Machine Interface), and upgrading pump starters to VFDs (Variable Frequency Drives), as well as repairing and upgrading any other components as needed. This upgrade standardized the control system hardware and software, while bringing the operations up to regulatory requirements, and expanding the alarm system capabilities. The control systems included: • 2 filter plant wells • 3 ground wells • 4 storage tanks facilities • 3 booster pump stations • 3 monitoring wells INDUSTRIAL IT - OPERATIONS TECHNOLOGY Industry standard industrial IT VPN and firewalls provide secure remote access to the city personnel through rugged mobile PCs. A mobile view of the platform allows a simplified view of thier system on their smartphones, also over the VPN. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 6 www.toughautomation.com Cambria’s wastewater treatment plant and collections system was using 30-40 year old control systems. The plant used PLCs and SCADA software couldn’t be run on modern computers. Many of the parts of the system were no longer in use or did not work.The collections system did not utilize any automation or radio telemetry. Due to the financial constraints of the CCSD, this project has been performed in stages. Tough Automation is currently in contract to upgrade this sytem to Ignition Perspective SCADA with Allen Bradley as the control system, utilizing existing Opto 22 I/O as remote I/O in the new system. HISTORY Tough Automation provided a plant SCADA system using the Opto 22 control system, replacing the existing controllers and migrating the points that were still in use, displaying and controlling the systems as needed. Historically data logging was configured to meet regulatory requirements. In addition, a mobile SCADA server was implemented to provide a redundant viewer of the system via a smartphone, tablet, or laptop computer. PLANT SCADA REPLACEMENT This left a large portion of the plant processes in need up upgrading. Tough Automation has replaced individual control systems to be independently controlled, and were also networked and integrated into the SCADA system as they are installed. INDIVIDUAL CONTROL SYSTEMS CAMBRIA WASTEWATER TREATMENT PLANT AND COLLECTIONS SCADA SYSTEM WASTEWATER TREATMENT PLANT: CCSD WASTEWATER TREATMENT PLANT AND COLLECTIONS SCADA SYSTEM DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 7 www.toughautomation.com Since the existing infrastructure had no SCADA capable control systems to utilize, and all control systems needed replacement, all of the sites needed to be upgraded to a modern control system. The systems entailed programming and installing a new control cabinet, with an Opto 22 PLC (programmable logic controller) with large touchscreen HMI (Human Machine Interface), as well as repairing and upgrading any other components as needed. Many of the lift stations required complete replacement of the entire control system (Motor Starters, breakers, level sensors). This upgrade standardized the control system hardware and software, while bringing the operations up to regulatory requirements, and expanding the alarm system capabilities. LIFT STATION UPGRADE Each lift station that has been connected to the SCADA network has been integrated into the plant SCADA application allowing the lift station setpoints to be modified and can be fully monitored remotely. The collections system has also been integrated into the redundant mobile SCADA server. SCADA INTEGRATION • John Allchin, Cambria CSD Wastewater Superintendent - jallchin@cambriacsd.org REFERENCE FOR PROJECT Tough Automation performed a radio study and provided a plan for a high performance radio network to provide communication to 10 locations. 4 radios have been installed throughout the system to date. SCADA RADIO INFRASTRUCTURE These systems include: • Plant Alarm System • 2 RAS pump control, with VFD and automatic speed controls • 2 WAS pump scheduler control • Effluent Duplex Pump Station, with VFD and automatic speed controls, level monitoring • 4 Aeration Blower VFD and Soft Start upgrades • Influent level and alarm indication WASTEWATER COLLECTIONS SYSTEM: DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 8 www.toughautomation.com The City of Paso Robles enjoyed the in house skills of Mike Maaser for decades in the Water Department. They brought Tough Automation in to perform those duties when Mike retired. HISTORY SCADA PLATFORM UPGRADE Tough Automation brought the existing Allen Bradley PLC platform up to date with a SCADA cabinet with upgraded AB PLC. SCADA CONTROL SYSTEM CITY OF PASO ROBLES - WATER DISTRIBUTION SCADA SYSTEM The existing wonderware platform proved to be unreliable and costly to maintain for the city. Tough Automation upgraded the system to the Ignition Perspective platform. We worked with the city’s IT team and resource to provide a redundant server system, providing a historian and automated reporting abilities to maintain compliance with the regulatory bodies ever growing requirements. The integrated alarm server provides user tracked alerts and acknowledgement through text and voice., with custom time based on call rosters. PROJECT SUMMARY: CITY OF PASO ROBLES WATER DISTRUBUTION SCADA SYTEM IGNITION PLATFORM DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 9 www.toughautomation.com The existing distribution telemetry system utilized 400 Mhz serial polling radio system. Polling times would commonly exceed 15-60 minutes, and would often lock up. Tough Automation has been performing the ongoing process of converting the RTUs to 900Mhz serial radios, bringing the polling time to under 10 seconds with a very low occurance of comm loss. Converting over 30 RTU sites to this new system is in progress. We have provided greater access to previously unattainable information through off grid solar RTUs, like the 19th St Sample Station. SCADA TELEMETRY RADIO INFRASTRUCTURE •Aaron Borden, Water Supervisor, City of Paso Robles - aborden@prcity.com REFERENCE FOR PROJECT The existing booster pump control systems are also in the process of being converted, including the Caballo Booster pump system, pictured. A new Allen Bradley PLC utilizing the Rockwell Plant PAX object oriented control platform brought this system up to speed, and is the standard for new booster stations as the city develops. BOOSTER PUMP STATION CONTROL SYSTEMS DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 10 www.toughautomation.com San Antonio Winery’s growth prompted an upgrade to their waste water treatment facility control system. HISTORY Tough Automation provided an Ignition Perspective SCADA system with an Allen Bradley control platform to run the system. To minimize downtime and replacement I/O leadtime issues, Tough Automation utilized existing IO with the AB PLC at the helm, maximizing the winery’s existing investment. The control system utilized Rockwell’s Plant PAX object based platform increasing capability, and standardizing functionality throughout the system. A large sunlight readable HMI was a welcome improvement for this outdoor facility. CONTROL SYSTEM UPGRADE SAN ANTONIO WINERY WASTE WATER SCADA SYSTEM PROJECT SUMMARY: WASTE WATER TREATMENT PLANT SCADA SYSTEM DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 11 www.toughautomation.com Tough Automation provided a design build SCADA control system for the Anza Vineyard Estates. The system entials a storage tank, 3 wells, an arsenic treatment facility, and a booster pump skid. The treatment plant and booster skid were provided by others, while the SCADA and wells RTUs were integrated by Tough Automation. This location utilizes high performance 5.8 Ghz ethernet based wireless networking links NEW DEVELOPMENT ANZA VINEYARD ESTATES SCADA SYSTEM PROJECT SUMMARY: DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 12 www.toughautomation.com The City of Paso Robles wastewater collections system has experienced ongoing communication issues with their UHF serial radios, as well as their Tesco controllers running their lift stations. HISTORY Tough Automation performed a detailed radio study with multiple rounds of tests to determine the most appropriate radio technology and best paths for the collections system. Tough Automation assessed the effectiveness and useful life of the existing controllers. PROJECT SUMMARY Tough Automation performed path studies, software simulation tests, and physical testing of each of the lift station paths to the Goldenhill Tank repeater site. Based on the results from that test, and an assessment of potential repeater sites, a second round of testing was performed from the Merryhill Tank site. In order to determine the best technology for this use-case, all paths were retested using an alternate frequency. Path studies, software simulation tests, and physical tests were performed on all lift station paths from both repeater sites using the alternate frequency. RADIO STUDY CITY OF PASO ROBLES WASTEWATER DEPARTMENT RADIO STUDY TOUGH AUTOMATION’S IN HOUSE RADIO STUDY COMBINES SOFTWARE, FIELD TESTS, AND EXPERIENCE TO GET REAL ANSWERS. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 13 www.toughautomation.com Tough Automation provided a plan for a SCADA radio network using a combination of 900 MHz and 5.8 GHz frequency radios, in addition to utilizing the Merryhill tank site as an additional repeater site. This plan utilized technology that has been proven for use in this application, and is easily available for purchase in the future. Each radio provided multiple channels in order to mitigate any interference that may arise, providing a more versatile solution than fixed licensed frequencies. RESULTS Tough Automation investigated the effectiveness and useful life of the existing Tesco control systems in place at each lift station, as well as a general assessment of control components. The age, communication limitations, and past performance of the controllers indicated that they have reached the end of their effective lifespan and should not be relied upon for an application with such little tolerance for error. Tough Automation provided a suggested replacement hardware using a modern PLC (Programmable Logic Controller) with multiple communication capabilities that would be able to be integrated into the city’s existing Wonderware license running on the existing robust server. EXISTING CONTROL USEFUL LIFE ASSESSMENT Three sites demonstrated opportunity for an improved signal by connecting to one of the main repeaters by communicating through a neighboring lift station, and a fourth site would be improved by a small solar powered repeater. Tests were performed on these links, completing the testing process. Tough Automation compared the performance of the 900 MHz and 5.8Ghz frequencies to determine the best method for each individual link, and how each choice affected the overall design. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 14 www.toughautomation.com • CCSD Water Deparment • CCSD Wastewater Department CAMBRIA COMMUNITY SERVICE DISTRICT • Cayucos Water Treatment Plant • Los Osos Water Treatment Plant COUNTY OF SAN LUIS OBISPO • County of Monterey Water and Wastewater COUNTY OF MONTEREY • Paso Robles Water Department • Paso Robles Wastewater Collections and Treatment Plant CITY OF PASO ROBLES Selected Clients DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 15 www.toughautomation.com •Atascadero Water Deparment ATASCADERO MUTUAL WATER COMPANY •Controls Consulting THE WALLACE GROUP •Design Consulting and SCADA Integration CITY OF GROVER BEACH •Heritage Ranch Water Department •Heritage Ranch Wastewater Department HERITAGE RANCH COMMUNITY SERVICE DISTRICT DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 16 www.toughautomation.com SELECTED CLIENTELE: •The City of Paso Robles Water Department •The City of Paso Robles Wastewater & Collections Departments •Atascadero Mutual Water Company •County of San Luis Obispo- Cayucos Water Treatment Facility •County of San Luis Obispo- Los Osos Wastewater & Collections •Cambria CSD Water Department •Cambria CSD Wastewater & Collections Departments •County of Monterey Water and Wastewater •Heritage Ranch CSD Wastewater, Collections and Water Depts. •Skyrose Ranch •The Hearst Corporation •The Wallace Group •Cayucos Sanitary District •Graniterock •The City of Grover Beach DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 17 www.toughautomation.com Tough Automation was founded in 2015 to provide California’s central coast with a resource dedicated to the design, installation, and service of industrial control systems. We have been building long lasting relationships with local agencies and municipalities through a commitment to quality service, reliability, and integrity. Our vision is to provide the right control system to our clients without overdesigning or overengineering the solution. We pride ourselves in providing systems that meet the needs of the client while providing reliable service for the long term. VISION Customer satisfaction is our highest priority and our integrity is a key component of our customer relations. We believe treating our customers honestly and fairly and keeping an open line of communication has been one of the main reasons for our company’s success and solid clientele base. INTEGRITY While our design approach often provides significant cost savings to the customer, our top priorities are the quality of the end product, ease of use, and our reputation. We work hard to maintain our reputation as a company that not only delivers top quality solutions for each of our clients, but also provides support to each client for years ahead. We have found that by keeping our company smaller than other nationwide integration firms we are able to provide the level of attention and dedication our clients need. APPROACH Our choice to stay small comes with agility the large firms can’t provide. By performing many projects in phases, our clients have been able to move forward with projects that could otherwise not be funded. Smaller municipalities do not always have the capital to perform a complete overhaul at one time. We work diligently with these agencies to help them reduce costs by spreading out the upgrades over time while maintaining functionality along the way. AGILITY SECTION II - Professional Team WHAT WE ARE Our company works with reputable manufactures to provide quality systems for SCADA integration. We have worked with many manufactures of SCADA PLC’s, but we have found Inductive Automation’s Ignition SCADA Platform coupled with Rockwell’s Allen Bradley control systems to meet the needs of most of our clients. QUALIFIED DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 18 www.toughautomation.com T ough Automation has been providing the Central Coast with cutting edge industrial control systems for years. Many municipalities in the central coast have trusted Tough Automation with designing, implementing, and maintaining their control infrastructure. We specialize in water and wastewater SCADA/DCS, collections lift station controls, water booster pump station control, wastewater treatment plant control systems, industrial networking and IT, and motor control troubleshooting. We specialize in Allen Bradley Rockwell control systems including but not limited to HMI systems like Ignition and Factorytalk View SE/ME. WHAT WE DO SERVICES • System design and consultation • Supervisory control and data acquisition systems (SCADA) • Water booster station control systems • Waste water lift station control systems • Variable Frequency Drives (VFD’s) • Programming • Radio Telemetry • Control panel design and fabrication • System simulation and testing • Installation and start-up • Documentation, manuals and training • Motor control system troubleshooting and maintenance • PLC Control system troubleshooting and maintenance Tough Automation’s experience also spans into the manufacturing industry, with years of experience customizing manufacturing equipment, as well as data collection for analytics and process control. We have also worked with breweries and wineries to bring the cutting edge control to the fingertips of local brewmasters and vintners. The industrial automation field’s roots in technology make it an inherintly evolving field. If an integrator isn’t moving forward, they are falling behind. Keeping up with the technology as well as the growing compliance requirements are key ways Tough Automation keeps it’s position providing automation solutions to key clients in the industry. Finally, one of the most valuable aspects of Tough Automation is that we are a “full stack” shop, taking projects from concept to completion. Many clients come to us with a vision, we design, implement, install, wire, support, and even bring the controls to your smartphone, all in-house. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 Statement of Qualifications 19 www.toughautomation.com Team Members ANDREW THOMSON Owner, Senior Automation Specialist Andy is a senior automation specialist, radio communication specialist, project manager, and owner of Tough Automation. He has provided multiple SCADA systems and automation control systems. His unique focus and persistence allows him to effectively develop reliable control systems. Years of experience troubleshooting and his foundation in industrial electrical systems solidifies his value in this industry. LEAH THOMSON Project Manager, Administration Leah’s years of experience with administration and project management has been an asset to the water and wastewater systems for years. Coupled with her expertise in user interface design, graphics development, programming and technical documentation, she has become an invaluable asset to the team. Leah has designed and programmed the graphics layout (user interface) for the SCADA and control system HMIs (Human Machine Interface). DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 6030 Portola Rd. Atascadero, CA 93422 T: 805-400-9015 E: info@toughautomation.com DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Notice Requesting Proposals / Qualifications for SCADA Support Services The City of San Luis Obispo is requesting sealed proposals for SCADA Support services. All firms interested in receiving further correspondence regarding this Request for Qualifications (RFQ) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before June 8, 2023 when they will be opened electronically via BidSync on the proposal end date and time. The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obipso, 990 Palm Street, San Luis Obispo, CA, 93401. Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Josh Erquiaga, jerquiag@slocity.org, with any questions. For technical help with BidSync please contact BidSync tech support at 800-990-9339. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 TABLE OF CONTENTS A. INTRODUCTION ........................................................................................................................................... 1 B. SCOPE OF WORK ......................................................................................................................................... 1 C. GENERAL TERMS ........................................................................................................................................2 D. SPECIAL TERMS .........................................................................................................................................4 E. PROPOSAL CONTENT..................................................................................................................................6 F. INSURANCE.................................................................................................................................................10 G. SUBMITTAL FORM......................................................................................................................................13 H. REFERENCES................................................................................................................................................14 I. STATEMENT OF PAST DISQUALIFICATIONS..................................................................................................16 DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -1- A.INTRODUCTION Experience: Respondents must demonstrate experience with one or more of the following: 1.Allen Bradley PLCs 2.GE iFix 3.Ignition Perspective B.SCOPE OF WORK Technical Support: 1.Routine and Emergency troubleshooting: Provide the City with tiered technical support as follows: a.Immediate telephone support, available on a 24/7 basis. During business hours, the City will call project personnel directly. For support after working hours, provide a single telephone number for a person or an answering service who can contact the appropriate Consultant personnel for a call back within one hour. Consultant shall begin remote troubleshooting within two hours of receipt of notification by the City. b.Escalation to on-site support if deemed necessary to resolve the problem. Consultant shall be on site within 24 hours of receipt of notification that on-site support is necessary. 2.Programming support: Provide the City with PLC programming support. PLC programs developed for the City shall conform to the standards developed by the City. Capital Project Support: In addition to on-call technical support, from time to time, the City may have capital improvement projects that will require the addition or modification to facilities that are monitored and controlled by the SCADA system. When such projects occur, the City requires the SCADA System Integrator to implement the SCADA system design associated with the project. The Consultant’s scope of work associated with capital improvement projects will generally include the following tasks. 1.Design Support: During the design phase of a capital improvement project, the Consultant shall participate in design meetings with the City. Determine with the City how the project will be integrated, provide input regarding the project’s interface to the SCADA system, conduct workshops to develop functional specifications detailing the PLC I/O, alarms, set points, and control strategies, and review design submittals as they relate to SCADA. 2.Construction Phase Support: Review facility construction contractor submittals applicable to SCADA. a.Develop new and/or modify existing detailed SCADA supervisory control logic, screens, reports, etc. b.Implement and test PLC and HMI programming to the specifications. c.Conduct Factory Acceptance testing of revised SCADA system programming. d.Deploy the approved software to the live SCADA system, ensure the field equipment communicates properly, and conduct a witnessed site acceptance test showing the resulting system works to the specifications. All Deployments must be scheduled and coordinated with City Staff. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -2- e.Perform SCADA-related startup activities, assist with the startup of new processes, and conduct SCADA System Site Acceptance Testing. f.Provide training to the City’s operators on the changes to the SCADA system implemented on the project. The City will provide a location for the training to occur as well as equipment. C. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1.Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Qualifications (RFQ) project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFQ specifications. 2.Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be submitted electronically via BidSync. However, if you can’t submit electronic please send your bid copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted. 3.Insurance Certificate. Each proposal must include a certificate of insurance showing: a.The insurance carrier and its A.M. Best rating. b.Scope of coverage and limits. c.Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4.Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total will be corrected to conform to the specified unit price. 5.Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the proposals. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -3- 6.Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. 7.Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 8.Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria. 9.Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision. 10.Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award. The contract shall be made in the form adopted by the City and incorporated in these specifications. CONTRACT PERFORMANCE 11.The City’s contract terms and conditions that [Contractor/Consultant] will be expected to execute and be bound by are attached hereto as Exhibit A DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -4- SPECIAL TERMS AND CONDITIONS 1.Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2.Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3.Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4.Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5.Contract Term. The supplies or services identified in this specification will be used by the City for five years. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6.Contract Extension. The term of the contract may be extended by mutual consent for an additional one-year, and annually thereafter, for a total of four years. 7.Supplemental Purchases Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 8.Contractor Invoices. The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -5- 9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 10.Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11.Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12.Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement. 13.Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 14.Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15.Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -6- PROPOSAL CONTENT 1.Proposal Content. Your proposal must include the following information: Submittal Forms a.Proposal submittal summary. b.Certificate of insurance. c.References from at least three firms for whom you have provided similar services. Qualifications d.Experience of your firm and those of sub-consultants in performing work and projects relevant to the Scope of Services outlined and described in the request. e.Resumes of the individuals who would be assigned to this project, including any sub- consultants, with their corollary experience highlighted and specific roles in this project clearly described. f.Standard hourly billing rates for the assigned staff, including any sub-consultants. g.Statement and explanation of any instances where your firm or sub-consultant has been removed from a project or disqualified from proposing on a project. Work Program h.Detailed description of your approach to completing the work. i.Detailed schedule by task and sub-task for completing the work. j.Estimated hours for your staff in performing each phase and task of the work, including sub-consultants, so we can clearly see who will be doing what work, and how much time it will take. k.Detailed budget by task and sub-task for completing the work. l.Services or data to be provided by the City. m.Services and deliverables provided by the Consultant(s). n.Any other information that would assist us in making this contract award decision. o.Description of assumptions critical to development of the response which may impact cost or scope. Requested Changes to Terms and Conditions p.The City desires to begin work soon after selecting the preferred Consultant Team and expects the Consultant to execute the City’s contract and all of the terms therein, as set forth in Exhibit A. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary. Please be advised that Consultant’s requested changes to the City’s terms and conditions will be considered by City staff when scoring and determining the competency and responsibility of the bidder. Proposal Length DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -7- q.Proposal length should only be as long as required to be responsive to the RFQ, including attachments and supplemental materials. 2.Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and evaluated on the following criteria: a.Understanding of the work required by the City. b.Quality, clarity and responsiveness of the proposal. c.Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d.Recent team experience in successfully performing similar services. e.Creativity of the proposed approach in completing the work. f.Value g.Writing skills. h.References. i.Background and experience of the specific individuals managing and assigned to this project. j.Information about how your company mitigates the environmental impact of its services, such as greenhouse gas emissions, amount of waste generated, water and energy use, or other areas related to your products and services. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 3.Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a.Issue RFP May 18, 2023 b.Receive proposals June 8, 2023 c.Complete proposal evaluations June 15, 2023 d.Conduct finalist interviews and finalize recommendation June 20, 2023 e.Execute contract June 22, 2023 4.Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. 5.Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -8- 6.Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 7.Required Deliverable Products. The Contractor will be required to provide: a.One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFQ. b.Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager: Word Processing: MS Word Spreadsheets: MS Excel Desktop Publishing: InDesign Virtual Models: Sketch Up Digital Maps: Geodatabase shape files in State Plan Coordinate System as specified by City GIS staff c.City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. ALTERNATIVE PROPOSALS 8.Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s). 9.Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to [number] public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work-scope tasks. 10.Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -9- ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence o f the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts provided there for in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -13- PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined [__________] which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: BID ITEM: Total Base Price Sales tax [] Other TOTAL $ Delivery of equipment to the City to be within _______ calendar days after contract execution and written authorization to proceed. Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date E NOTES ON THIS SAMPLE FORM This is the City’s “basic” submittal form, and something like it should accompany all proposals, even if: a combined “description of work/detailed proposal submittal form” (like Sample E) is required; or price information is not requested (like Sample F). DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -14- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -15- Reference No. 3 Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 -16- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼Do you have any disqualification as described in the above paragraph to declare? Yes No ◼If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below, and in a form satisfactory to CITY. General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT. Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers. Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions: •A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; •Pay on behalf of wording as opposed to reimbursement; •Concurrency of effective dates with primary policies; •Policies shall “follow form” to the underlying primary policies; and •Insureds under primary policies shall also be insureds under the umbrella or excess policies. Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ Exhibit BDocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of coverage. 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 CONSULTANT, his agents, representatives, employees or subconsultants. Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this AGREEMENT. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s Risk Manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9 coverage for 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. Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONSULTANT’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review. CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY. Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage, as well as endorsements effecting general liability coverage.. All endorsements are to be received and approved by the City before work commences. DocuSign Envelope ID: B44AB356-9A12-445B-A9FE-82F5E32937A9