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HomeMy WebLinkAboutSCAS On-Call Agreement - SignedCITY OF SAN LUIS OBISPO INFORMATION TECHNOLOGY SERVICES AGREEMENT Page 1 CITY 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 South Coast Automation Systems, Inc., (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.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. 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.LICENSES AND PERMITS. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 7/18/2023 | 11:26 AM PDT 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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: South Coast Automation Systems, Inc. 22765 Savi Ranch Parkway, Suite D Yorba Linda, CA 92887 Matt Barone (mbarone@scas-inc.com) 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 22765 Savi Ranch Pkwy, Suite D • Yorba Linda, CA 92887 Phone: (714) 874-4728 • Fax: (657) 200-2655 June 8, 2023 City of San Luis Obispo Department of Finance Attn: Josh Erquiaga / Daniel Clancy 990 Palm Street San Luis Obispo, CA 93401 Subject: Proposal / Qualifications for SCADA Support Services – Bid 2305-001 South Coast Automation Systems, Inc. (SCAS) is pleased to submit this proposal to the City of San Luis Obispo in response to the above referenced Bid number 2305-001. In the following pages you will find our detailed submittal for the proposed work. SCAS will not be employing the services of any subcontractors for any part of the work detailed in the Scope of Work. This proposal is valid for 90 days from June 8, 2023. We have reviewed the City’s example contract provided in Exhibit A and will execute the contract with no alterations. For any questions that may arise during the evaluation of our proposal, please contact me at the numbers below. We thank you for the opportunity to work with the city on this project. Sincerely, Matt Barone mbarone@scas-inc.com President South Coast Automation Systems, Inc. 714-874-4728 Office 949-355-7852 Cell Exhibit ADocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C TABLE OF CONTENTS Proposal Submittal Form ............................................................................................................................................... 3 References ..................................................................................................................................................................... 4 Statement of Past Contract Disqualifications ................................................................................................................ 5 General Company Information ...................................................................................................................................... 6 Company Organization Chart .................................................................................................................................... 6 Qualifications - Previous Project Experience .................................................................................................................. 7 City of Corona Department of Water and Power ....................................................................................................... 7 University of California, Irvine – Central Plant ........................................................................................................... 8 City of Lompoc – Water and Wastewater Treatment Plants ..................................................................................... 9 Summary .................................................................................................................................................................. 10 Staff Qualifications ...................................................................................................................................................... 10 Matt Barone – Senior Engineer ................................................................................................................................ 10 Mike Schmidt – Senior Engineer .............................................................................................................................. 11 Jesus Moncayo – Project Engineer ........................................................................................................................... 12 David Gallagher – Project Engineer ......................................................................................................................... 13 Kevin Lizardo – Associate Engineer .......................................................................................................................... 13 Work Program ............................................................................................................................................................. 15 Work Orders ............................................................................................................................................................. 15 Projects .................................................................................................................................................................... 16 Emergency Support .................................................................................................................................................. 16 Services or Data to be Provided by the city .............................................................................................................. 17 Documentation ........................................................................................................................................................ 17 Requested Changes to Terms and Conditions .............................................................................................................. 17 DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefu lly examined City of San Luis Obispo Bid 2305-001 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 billed for work executed at the standard hourly billing rates specified in the attached fee proposal. BID ITEM: See attached fee proposal “Attachment 1 - SCAS Bid 2305-001 Fee Proposal.pdf” Certificate of Insurance Attached: “Attachment 2 - SCAS Insurance of Certificate.pdf” Insurance Company’s A.M. Best Rating: Admiral Insurance Company: A+ Lloyds of London: A Sequoia Insurance Company: A- Mercury Insurance Company: A Firm Name and Address: South Coast Automation Systems, Inc. 740 S Quail Cir Anaheim, CA 92807 Contact: Matt Barone Phone: 949-355-7852 Signature of Authorized Representative: _________________________________________________________________ Date: _________________ 6/8/2023 DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: 45 years. 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 City of Corona Department of Water and Power Contact Name Tom Moody – Director of Utilities Katie Hockett – Assistant Director of Utilities Telephone & Email Tom.Moody@CoronaCA.gov 951-736-2477 Katie.Hockett@CoronaCA.gov 951-279-3601 Street Address 755 Public Safety Way City, State, Zip Code Corona, CA 92878 Description of services provided including contract amount, when provided and project outcome. Ongoing On-Call / As-Needed SCADA Maintenance and Support as well as design, programming, installation and startup support of SCADA Capital Improvement Projects. Annual Contract Amount: $700,000. This is an ongoing annual maintenance contract that renews every 5-6 years. Reference No. 2: Agency Name Jacobs – Ft. Irwin Army National Training Center Contact Name Olver Obagi – Project Manager Edgar Ortusiastigue – Associate Project Manager Telephone & Email Olver.Obagi@jacobs.com 760-212-7677 Edgar.Ortusiastigue@jacobs.com 760-267-3852 Street Address 714 5th Street City, State, Zip Code Fort Irwin, CA 92310 Description of services provided including contract amount, when provided and project outcome. Ongoing On-Call / As-Needed SCADA Maintenance and Support for the water and wastewater utilities. We are also the only approved controls contractor for all Fort Irwin capital improvement projects. Annual Contract Amount: $100,000 - $200,000 depending on CIP expenditures. Reference No. 3: Agency Name Paramount Pictures Corporation Contact Name Douglass Rheinheimer – Senior Vice President Studio Services – Facility Operations Telephone & Email Douglas_Rheinheimer@Paramount.com 323-956-4485 Street Address 5555 Melrose Ave City, State, Zip Code Los Angeles, CA 90038 Description of services provided including contract amount, when provided and project outcome. Ongoing On-Call / As-Needed SCADA Maintenance and Support for the studio lot SCADA control system. This system includes energy monitoring, stage and building HVAC monitoring and controls, and a Cogeneration Power Plant. Annual Contract Amount: $500,000 - $800,000. DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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. N/A Executed on June 8th 2023 at Anaheim, CA 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C GENERAL COMPANY INFORMATION South Coast Automation Systems, Inc. (SCAS) was founded in 1977 as an engineering services company by its late founder, Larry F. Barone, Jr. The company is now owned by Matt Barone and Mike Schmidt who have been jointly responsible for managing companywide operations for the past 10+ years. At present, our staff consists of 5 full- time control system engineers. SCAS specializes in the design, implementation, and support of PLC and SCADA software systems. These services include but are not limited to the following: • PLC programming • HMI programming • Project Management • System Design • Electrical Panel Design and Fabrication • Relational Database Design and Implementation • Data Storage and Retrieval • Historical Data Archiving and Reporting • Radio Network Configuration and Management • Information Technology Management During SCAS’s 45-year history, the company has achieved an enviable record of developing and maintaining strong relationships with our end users. As such, nearly all our work comes from repeat customers, word of mouth, and referrals. Our unwavering commitment to customer satisfaction and superb quality of work have been key to this success. The relationships we’ve developed have provided us with a steady and reliable stream of work which in turn has consistently made our business financially stable. SCAS strives to maintain the same level of consistency in our employees. The current engineers employed by SCAS have been with the company ranging from 1 to 21 years. The uniformity of our staff allows our customers to always work with the same team of engineers, which translates into reliable and consistent customer deliverables. Our low turnover also increases efficiency since there is no learning curve associated with bringing in a new engineer. SCAS has successfully executed over 2,400 projects and a large portion have employed the use of Modicon, Allen - Bradley, and GE PLCs coupled with SCADA platforms from Wonderware (Aveva), GE Proficy, Rockwell, and Inductive Automation. Taken together these building blocks of experience comprise numerous components of San Luis Obispo’s current control system. Additionally, SCAS currently has ongoing work with multiple water agencies in the Southern California region. COMPANY ORGANIZATION CHART Matt Barone President / Majority Owner Senior Engineer Mike Schmidt Vice Pres. / Minority Owner Senior Engineer Jesus Moncayo Project Engineer David Gallagher Project Engineer Kevin Lizardo Associate Engineer DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C QUALIFICATIONS - PREVIOUS PROJECT EXPERIENCE For many years, South Coast Automation Systems’ bulk of work came from Food and Beverage as well as Pharmaceuticals. In the mid to late 1990s, we expanded into the Water and Wastewater industries and began doin g an increased amount of work for local city governments and water districts. In the past 23+ years, our success in the Water/Wastewater industries has resulted in a transition to most of our work coming from these types of clients. We have many long-standing relationships with agencies like City of Corona DWP (25 years), City of Lompoc (11 Years, University of California, Irvine (26 years), Los Angeles Department of Public Works (18 years), Paramount Pictures Corporation (11 years), Jacobs (CH2M Hill) at the Fort Irwin Army NTC (13 years) and City of Poway (4 years). In recent years, some of our newer clients include Coachella Valley Water District where we performed a complete PLC and HMI controls upgrade/replacement for two Ion Exchange Treatment Plant s, West Valley Water District, City of Bakersfield and City of Palo Alto. We also have work on various projects at the City of San Luis Obispo dating back as far as 2010 including assisting with the WRRF Upgrade projects. SCAS has established ourselves as a trusted name in Southern California for integration and controls work. Many of the introductions to these clients have come in the form of referrals through existing clients or from software or hardware reps that want to direct their end users to a com pany they know will take good care of them and get the job done right. The following are some more details of some of our previous experience with similar projects and clients. CITY OF CORONA DEPARTMENT OF WATER AND POWER SCAS has been actively working for the city since 1998 in support of their Water and Waste Water SCADA systems. The City has a large and diverse SCADA system and over the past 25 years, SCAS has been involved in almost every aspect of the system. Some examples of projects that we’ve exe cuted over our long history with the city include: • Performed all HMI and PLC programming of a new Ion Exchange Treatment Plant. • Performed all HMI and PLC programming for a new Tertiary Filtration addition at WRF#2. • Performed all HMI and PLC programming for a new Headworks Screening upgrade at WRF#1. • SCAS has led the city on a multi-year effort to upgrade the SCADA TCP/IP network from a flat class C network to a redundant routed network. This included working with their radio contractor to design a new IP a ddress scheme allowing for separate subnets for each major site, reduction of broadcast traffic, segregated VLANs, and redundancy. The effort is especially challenging since both the old and new networks need to remain active without overloading the radio bandwidth until infrastructure upgrades are complete and the new network is fully deployed. • Designed and implemented a new “data concentrator” PLC program to govern remote site communications. The object was to control the flow of communications to avoid overloading the Ethernet radio network when future upgrades brought many new sites online. Diagnostics and error reporting were also included. The program has been deployed at every plant that acts as a polling “hub” and subsequently radio communication failures have been reduced to almost non-existent. • Upgraded the Wells feeding the Temescal Desalter Plant from Modicon Micro 612 PLCs to Allen -Bradley CompactLogix. The Desalter Plant PLC is still a Modicon Quantum, so it was necessary to implement a protocol conversion solution so the existing Modicon PLC could communicate with the newly upgrade Allen - Bradley PLCs seamlessly with little modification to the Desalter Plant well control logic. • Converted the original Lester Treatment Plant HMI from Wonderware Intouch to Intellution iFix. DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C • Integrating the 6 (SDO, Desalter, Lester, WRF1, WRF2, and WRF3) individual and separate plant iFix HMI applications developed by various contractors into one cohesive application where operators could easily navigate to each of the systems from one computer. • Re-wrote the filter backwash control PLC logic at the Lester Treatment Plant so that all filters would initiate and complete automated backwashes. • Re-wrote the chemical dosing PLC logic at the Lester Treatment Plant to include flow paced calculations. The logic was then populated to the SDO Treatment Plant and other remote sites. • PLC and HMI programming of the large 9 pump Garretson (Ontario) Booster Station. • SCAS has supported the city through 6 version upgrades of the iFix software and have recently completed upgrading the system to iFix v5.9. • SCAS installed and continues to maintain the city’s Proficy Historian (10,000+ tags) as well as all the associated charts and trending. • Performed the PLC and HMI programming upgrade of both the Lester Treatment Plant and Sierra Del Oro Treatment Plant. All of the Modicon PLCs and I/O were replaced with Allen -Bradley ControlLogix and PowerFlex VFD drives over Ethernet. • As part of a multi-year effort to replace all old hardware and upgrade the SCADA infrastructure, SCAS has been upgrading the remote sites from Modicon Micro PLCs with Metricom Serial radios to Allen -Bradley PLCs with MDS Ethernet Radios. To expedite the upgrade process, while the electrical contractor replaces the PLC hardware and terminates the field wiring, SCAS performs the modifications to the HMI database, screens, and I/O drivers so that when the field electrical work is complete the site can be brought back online with minimal downtime. These are only a few examples of the type of support SCAS has provided the city. Over the duration of our work with the City of Corona, we have been responsible for maintaining all aspects of their SCADA system. This includes development and installation of new sites, rehabilitation and service of existing sites, as well as incorporating applications developed by 3rd party vendors into the SCADA system. The length of our service illuminates our capability to not only support a large and diverse system, but also shows our abili ty to grow and adapt with an ever- changing environment and successfully assimilate new products and technologies. UNIVERSITY OF CALIFORNIA, IRVINE – CENTRAL PLANT SCAS has been the primary integration and controls company for the university’s central plant facility since 1997. The central plant facility provides chilled and hot water to the university’s campus loop supporting the building HVAC systems. The plant is equipped with Allen-Bradley PLCs, ABB VFDs, Wonderware Intouch HMI, KEPServerEX (BACnet and Ethernet/IP), Microsoft SQL Server, and Wonderware Historian. Some examples of projects that we’ve executed during this time include: • Performed all the original HMI and PLC programming for the Chilled Water PLC which included 4 Electric Chillers, 4 Cooling Towers, Distribution Pumps, and a 4.5-million-gallon Thermal Energy Storage (TES) Tank. The TES Tank allowed the university to run the high energy electric chillers at night during off peak hours to fill the tank with 39° water, then use low energy pumps to distribute the water in the day during peak hours. This has greatly reduced the university’s energy costs over the past 20+ years. • Upgraded the Central Plant Wonderware Intouch and Historian HMI through various versions starting at v5.6 on to the current version 2014. DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C • Built the original reports for the facility using Microsoft Excel and ActiveFactory and have expanded them throughout the years as the plant and systems have grown. Installed a PLC dedicated exclusively for generating usage, production, and compliance reports. • Performed all HMI and PLC programming for a plant upgrade in 2006 that added 2 Chillers and 2 Cooling towers. This was part of a larger capital improvement project that added a Cogen Facility to the central plant. SCAS worked closely with the Cogen controls contractor to ensure a seamless and successful integration of the new components to the existing system. • Performed PLC Upgrade / Program Conversions of the Hot Water and Chilled Waters PLC from PLC5 to ControlLogix. The converted programs were simulated and testing prior to installation which allowed for very minimal downtime to make the cut over to the new PLCs. • Supported the plant through various remote panel upgrades, replacing old 1771 I/O with new ControlLogix I/O. SCAS made all necessary PLC and HMI programming changes to support the upgrades. • Provided PLC and HMI programming for the Hot Water System and worked with other contractors in support of a project to replace Boilers 3 & 4 with two new High Temperature Water Ge nerators. This included a new PLC remote I/O panel to control new equipment, peer to peer communications, new HMI screens and historical data points, and reports. These are just a few of the projects that we’ve performed for the university over the past 2 6 years. Aside from a few projects, SCAS has been the main controls contractor that has done nearly all the PLC and HMI programming for the Hot Water and Chilled Water systems at the central plant facility. CITY OF LOMPOC – WATER AND WASTEWATER TREATMENT PL ANTS SCAS has supported the City of Lompoc Water and Wastewater Treatment facilities since 2012 . Like how many of our relationships with clients start, we were referred to the city by the Proficy iFix distributor to come in and clean up an existing installation of iFix and Historian. We were immediately able to fix many nagging problems, demonstrated our capabilities, and have been supporting their systems ever since. The Water Treatment Plant and its related remote sites (wells, pump stations, water storage tanks, etc.) are equipped with Allen -Bradley PLCs (ControlLogix, CompactLogic, SLC, and MicroLogix), PowerFlex Drives, Proficy iFix HMI, Rockwell FactoryTalk ME OITs, and Proficy Historian. The Wastewater Treatment Plan is equipped with GE PLCs (RX3i, Series 90-30), Proficy iFix HMI, and Rockwell FactoryTalk ME OITs. Some examples of projects that we’ve executed during this time include: • One of our first projects for the city was to revamp their Water Treatment Plant Proficy iFix system to improve performance. The company that did the original installation implemented custom code that called on proprietary compiled DLLs created by the previous integration company. The city was not provided with the source code or installation files so if a system was to fail, it would be impossible to reinstall the software and recreate a functional system. Therefore, we were tasked to reverse engineer and remove all custom code and replace it with “out of the box” functionality that is available in iFix. As part of this project, we were also tasked to remove the custom SQL based historian and replace it with an installation of Proficy Historian, again with out of the box functionality. • Upon successful completion of the upgrade to the Water Treatment Plant iFi x HMI, we were tasked to perform a similar upgrade to the iFix system at the Wastewater Treatment Plant. As part of that project, we provided new Dell servers and upgraded the iFix software to version 5.9. • Performed all HMI and PLC programming for the Uplands Pumps Station upgrade. A new CompactLogix PLC was installed with PowerFlex VFDs. The local OIT was programmed using an Automation Direct C -More Panel. HMI screens were developed using Proficy iFix for their central HMI. As part of this project, the PLC DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C logic at the main plant data concentrator PLC was upgraded to improve the communications and functionality to the Uplands PLC. • Performed all HMI and PLC programming for the Water Treatment Plant Filter Controls upgrade on filter 1 - 3. The existing filter control system was being run manually since the automatic control was unreliable and caused large fluctuations of flow and tub levels. These fluctuations would cause turbidity spikes at the filter discharge. A new control strategy was developed by SCAS in conjunction with the plant operations staff and documented in a Process Description document. The filter controls upgrades were staged one at a time starting with Filter 1 followed by filters 2 and 3. Controls were migrated from a Modicon PLC to a new Allen- Bradley CompactLogix PLC with remote I/O panels at each of the filter tubs. Upgrades to filters 3 -4 are still ongoing. Once all 6 filters are incorporated into the new PLC and control system, the system programming will add and subtract online filters to respond to the demands of the plant influent flow. These are just a few of the projects that we’ve performed for the city over the past 11 years. Since we started at the City of Lompoc, SCAS has been the main controls contractor that has done nearly all the PLC and HMI programming at both water and wastewater facilities. SUMMARY The examples above are just a small sampling of the types of long -term professional relationships that are the cornerstone of our business. As mentioned before, we have been able to establish these relationships through our reputation and referrals, but we believe it’s our ability to maintain them over many years, sometimes decades, that truly demonstrates our firm’s capability. We have an unwavering commitment to q uality and customer satisfaction. We are transparent and honest, and we always keep the client’s best interests at the forefront of everything we do. STAFF QUALIFICATIONS The following are the names and qualifications of the SCAS staff assigned for this c ontract. Matt Barone will act as the project manager, main point of contact, and the lead technical resource for the city. Matt will be assisted by Mike Schmidt and David Gallagher in technical support roles, with Jesus Moncayo and Kevin Lizardo as an additional in-office resource. Matt will be responsible for overseeing the execution of all work produced, scheduling resources and meetings, tracking and reporting on work in progress, and generating invoices. As determined by the project or task requirements, Matt Barone may delegate specific tasks to Mike, Jesus, David and/or Kevin. The SCAS staff has a combined 80 years of experience designing and implementing industrial control systems. We believe that this core project team can successfully manage and perform all project tasks with the highest level of quality and efficiency. A brief professional summary for each of these key resources is provided below. MATT BARONE – SENIOR ENGINEER Matt has an extensive history in the control systems integration field. He is currently the President of SCAS and oversees all work executed in the Western region. He has managed and participated in projects in a wide range of industries including water/wastewater, pharmaceuticals, facilities management, food & beverage, mining & cement, and oil/gas. He has experience with a wide range of HMI software packages. The bulk of his experience has been with all versions of Wonderware as well as GE Proficy iFix/Fix32 dating as far back as the early-1990s. He has extensive experience with the Wonderware family of products including Intouch, Historian (InSQL), System Platform, SCADAAlarm, and Historian Client (ActiveFactory). He is also intimately familiar with all aspects of the GE Proficy family of HMI software packages including Fix32, iFix, Historian, WebSpace, Portal, and Plant Applications. He also has extensive experience with Allen-Bradley FactoryTalk View ME and SE. He is also proficient in using Inductive DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C Automation’s Ignition HMI package. His skills include screen design and implementation, advanced scripting, database creation, report design and creation, recipe management systems, system installation, startup, and troubleshooting. He has expert PLC programming capabilities with all Modicon and Allen -Bradley PLCs, as well as experience programming Opto22, Telemecanique, and GE controllers including their communication protocols (Ethernet/IP, AB Ethernet, DH+, DF1, Modbus TCP, Modbus RTU, etc.). He has expert programming knowledge with Microsoft Visual Basic and SQL. He is a specialist with Microsoft Access, Excel, Word, SQL Server, IBM DB2, and PICS Pro Simulation software. He has a comprehensive knowledge of all Microsoft Windows workstation and ser ver operating systems. He is also competent with Ethernet networks and protocols including Cisco IOS, routing and switching. Additionally, His experience in the water/wastewater industry has resulted in an extensive knowledge working with and maintaining remote radio network communications and equipment. Education Bachelor of Science, Biology and Psychology, 1996 – University of Notre Dame Professional Experience South Coast Automation Systems, Inc., Yorba Linda, CA President .................................................................................................................................... 2010 – Present Senior Engineer .............................................................................................................................. 2007 – 2010 Systems Engineer ........................................................................................................................... 2000 – 2007 Associate Engineer ........................................................................................................................ 1999 – 2000 Part-Time/Seasonal ....................................................................................................................... 1992 – 1999 MIKE SCHMIDT – SENIOR ENGINEER Mike began his career at South Coast Automation Systems after college and has been a proficient and reliable resource for the past 21 plus years. He has an unsurpassed history of running successful and profitable projects. For the past thirteen years, Mike has been the lead resource for managing all our large-scale projects. Most recently Mike has successfully managed all work for Paramount Studios in Los Angeles which consists of facilities HVAC control upgrades, Cogeneration Power Plant, and energy monitoring and reporting for the past 3 years. A dditionally, Mike has completed managing two Ion Exchange Treatment Plant controls upgrade projects for Coachella Valley Water District, as well as a Tertiary Filtration plant, a Headworks Screenings Upgrade, and an Ion Exchange Treatment Plant for the City of Corona. He has is an expert PLC programmer with experience with various PLCs including Allen -Bradley, Modicon, GE, Automation Direct, and others. He has extensive experience with leading HMI SCADA packages including all versions of GE Proficy iFix as well as Wonderware, FactoryTalk View, Inductive Automation Ignition, Magelis, and more. He is an expert at writing scripts using VBA in Excel, iFix, or other applications to automate routine tasks. His technical ability to design and implement control systems combined with his extensive management experience makes him a successful and reliable engineering lead for our company. Education Bachelor of Science, Electrical and Computer Engineering, 2003, University of Missouri – Kansas City Professional Experience South Coast Automation Systems, Inc., Yorba Linda, CA DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C Senior Engineer .......................................................................................................................... 2015 – Present Regional Project Manager .............................................................................................................. 2010 - 2015 Project Lead Engineer ..................................................................................................................... 2008 - 2010 Project Engineer ............................................................................................................................. 2005 - 2008 Associate Engineer ........................................................................................................................ 2004 – 2005 Engineering Intern .......................................................................................................................... 2002 - 2004 JESUS MONCAYO – PROJECT ENGINEER Jesus has completed many projects utilizing Allen-Bradley PLCs and Wonderware Intouch as well as Proficy iFix, many of them in water and wastewater treatment facilities. Jesus has also designed and built various electrical control panels including specifying instrumentation, panel hardware and generating all required wiring diagrams and drawings. As an active member and former president of the ISA Orange County section, he is current with new technologies and has a wide range of resources at his disposal to keep our customers informed and aware of cutting- edge solutions and developments in the process control field. He possesses a wide electrical, instrumentation, and control engineering experience in the design, implementation, and application of automated control systems. His skillset includes electrical systems design, PLC programming, HMI screen design and implementation, system installation, start-up, and troubleshooting. Jesus is proficient with RSLogix 5, RSLogix 500, RSLogix/Studio 5000, RSLinx, PanelBuilder32, AutoCAD, Excel, Word, and Power Point. He is competent with Proficy iFix, Wonderware Intouch, FactoryTalk View, Inductive Automation Ignition, Microsoft Visual Basic, and all Microsoft Windows operating systems. His experience has been applied to various projects in the following industries: Water & Wastewater Treatment, Automobile OEM, Electronic OEM, an d Polyester Manufacturing Industry. Jesus has very strong capabilities with instrumentation, field electrical wiring, and troubleshooting. Along with being very detailed, he is tenacious and resourceful when trying to track down elusive technical problems found in the field. He is rarely faced with a problem to which he has been unable to find a solution. He is also SCAS’s safety program administrator and oversees all work related to panel design and fabrication. Education Bachelor of Science, Electronics and Communications, 1994 – Monterey Institute of Technology Master of Science, Control Engineering, 1996 – Monterey Institute of Technology Professional Experience South Coast Automation Systems, Inc., Yorba Linda, CA Project Engineer ........................................................................................................................ 2008 – Present Compass Water Solutions, Irvine, CA Electrical & Controls Engineer, ...................................................................................................... 2002 – 2008 Hayes Lemmerz International, Inc., La Mirada, CA Robotics & Controls Engineer ........................................................................................................ 2000 – 2002 Zenith Electronics Company, Reynosa, Mexico DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C Test Equipment Engineer ............................................................................................................... 1998 – 1999 DAVID GALLAGHER – PROJECT ENGINEER David possesses a wide range of experience in HMI software development including Wonderware Intouch, Proficy iFix, Labview and FactoryTalk View. His skills include screen design and implementation, database creation, sys tem installation, startup, and troubleshooting. He is competent in programming Allen-Bradley PLCs (PLC5, SLC500, CompactLogix and ControlLogix). He is also proficient in Microsoft Excel, Word, and AutoCAD as well as Microsoft Visual Basic for Applications and C programming languages. He has a comprehensive knowledge of Microsoft Windows XP, Windows 7, and Windows 10 operating systems in addition to conventional networking principles. He also holds a firm understanding of various HMI systems and HMI to PLC Communications. One area where David excels is problem solving with applications software and programming. David is often tasked with particularly difficult problems, and he has yet to fail in coming up with a solution. One of the highest praises of David comes from our customers. Almost everywhere he goes, he receives high marks and frequently customers specifically request him for future work. Education Bachelor of Science, Mechanical Engineering, 2012 – University of California, Irvine Master of Science, Mechanical Engineering w/ focus in Dynamics and Control, 2013 – University of California, Irvine Professional Experience South Coast Automation Systems, Inc., Yorba Linda, CA Project Engineer ........................................................................................................................ 2017 – Present Ener-Core Power, Irvine, CA Controls Engineer .......................................................................................................................... 2013 – 2017 KEVIN LIZARDO – ASSOCIATE ENGINEER Kevin joined SCAS in March of 2022 bringing his previous experience working with automated power systems using Proficy Machine Edition, Cimplicity, and iFix software packages. Since joining the SCAS team, he has become competent in the families of PLC products we work with including Allen-Bradley PLCs (SLC500, CompactLogix and ControlLogix). He is also proficient in Microsoft Excel, Word, and PowerPoint. He has a comprehensive knowledge of Windows 7 and Windows 10 operating systems. In the time Kevin has been with the company, he has demonstrated that he possesses one of the traits that we value most. That is the ability to learn new technologies and software quickly on his own without much input from others. We’ve been able to hand him new tasks and we can trust that he’ll find a good solution quickly and reliably. Kevin would mostly be used as support staff to tackle in - office tasks like screen creation and/or modifications. Education Bachelor of Science, Mechanical Engineering, 2019 – University of Puerto Rico, Mayaguez Professional Experience South Coast Automation Systems, Inc., Yorba Linda, CA Associate Engineer .................................................................................................................... 2022 – Present DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C Accurate Solutions Corp., Mayaguez, PR Associate Engineer ........................................................................................................................ 2019 – 2022 DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C WORK PROGRAM SCAS clearly understands the Scope of Services laid out in the RFP document and is confident that we can provide the highest level of professional SCADA services for the City of San Luis Obispo. We believe the examples set forth above clearly demonstrate our staff’s capability to work in varied environments as well as across multiple PLC and HMI vendors. Although we do have a core set of applications and hardware platforms that we work with most frequently, after 45+ years in business, we have come across it all and frequently encounter new technologies or platforms that we must learn and support. We have a unique ability to learn, adapt, and become proficient with new products quickly and efficiently. One way that we have been able to accomplish this is to cross-train all our engineers. Every engineer on our staff is expected to come proficient across all platforms of PLCs and HMIs that we commonly encounter at our clients. With this confidence in our engineer’s skills, we can easily assign any one of them to a project or send them to respond to a client’s service call knowing that our high standards will be met, and the customer will be happy. In general, SCAS’s philosophy for developing control systems is based upon our desire to deliver products that enable the end user to take a significant role in owning the completed system. We firmly believe that the end user’s long - term total cost of ownership will be significantly lower if they have a system that they can operate and maintain largely on their own. Therefore, when developing a system, we keep this in mind and strive to employ strategies and programming that are simple, well documented, and easy to understand. We have found that by keeping programming simple and providing excellent documentation , our systems are easier to troubleshoot and maintain. This allows the end user’s maintenance personnel to diagnose and solve many problems quickly and easily. SCAS has in-house Excel documentation tools for Allen -Bradley and Modicon PLCs that allow us to create detailed and comprehensive descriptions within the PLC logic. Therefore, all our PLC programs are provided as fully documented with descriptions that completely and accurately describe the logic and functions of the program. Additionally, SC AS views all work produced as the property of the end user. This includes all PLC and HMI programs, Excel spreadsheets, drawings, diagrams, and documents. Anything and everything we use to develop a control system is provided to the customer at no additional cost. SCAS also puts forth a significant effort to comprehensively test all our work in -house prior to bringing anything to the field. In many cases, this includes testing our PLC and HMI programs using simulation routines built into the PLC program. This allows us to test the developed system in a semi-live environment and work out any defects which significantly reduces the amount of time required for installatio n and startup. Basically, our expectation when we install our software is that it will work the first time with little or no deficiencies. In general, the work expected as part of this contract will fall into three basic categories: Work Orders, Projects, and Emergency Support. WORK ORDERS These items are short term tasks that can include things like requests from operations for modifications and/or improvements to the SCADA system or control, remediation of discovered deficiencies, additions of small item s like new analyzers, etc. Typically, these items could be accomplished in 1 -2 days. The scheduling and priority of these tasks would be at the discretion of the City’s management. DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C PROJECTS This work would entail any larger sized project requiring more design, planning, and coordination. This can range from small projects like upgrading a well site from the Modicon Micro 612 to Allen-Bradley to significantly larger projects like conversion of the Desalter Plant from Modicon Quantum to Allen -Bradley ControlLogix PLCs. Since project work will most likely be larger in size and scope, it is best that the execution of this work takes a more structured approach. SCAS typically employs the following steps in executing larger project-based work: 1. Quote and Work Statement – We start off with meetings and correspondence with the customer to achieve a firm understanding of the overall goals for the project and intended scope of our services. We then build a work statement document that clearly defines each task of the project and exactly what work will be delivered. This is accompanied by a quote document with corresponding line items for each task in the work statement. Once approved, the project work can commence. 2. Detailed Control System Design and Documentation – The goal of this task is to create a detailed Sequence of Operation document typically based on information obtained during design review meetings as well as existing PLC programs and HMI systems. The purpose of the final Sequence of Operation is to a ccurately describe the control system functions in sufficient detail so that the programmer can effectively implement the desired controls in the PLC program. This document is also used during the testing and factory acceptance and field installation phases. Additionally, it can be utilized in the future by the Client as a training tool for the system. Once the document is reviewed by the Client and has received final approval, the programming and implementation phases of the work can commence. 3. In-Office Programming – This is the in-house programming portion of the work. This typically is broken out into individual tasks and most often includes at least PLC Programming and HMI Programming. Depending on the project requirements, this can also include relational database programming, development of charts and reports, historical configuration, Win911 programming, etc. 4. Simulation and In-Office Testing – Once the programming is completed, the system is tested in -house prior to taking it to the field for installation. Depending on the requirements and size of the project, this may or may not include a simulation. The intent of this task is to ensure the software is free from any deficiencies prior to installation. 5. Factory Acceptance Test (FAT) – This task would be to hold a demonstration of the completed system for the client. This is typically executed in our offices but can also performed at the Client’s site. The Design Document is used during this phase as a baseline for ensuring the software has bee n completed to the Client’s specifications. 6. I/O Checkout, Field Installation, and Startup – The final task is to install the system in the field. This task happens when the electrical contractor has completed the field wiring and begins with a point-to-point checkout of all field I/O that was part of the project. When I/O checkout is complete, the system can be commissioned, and field tested. This represents the basic structure of how SCAS executes project type work. As projects vary, tasks and/or phases can be added or deleted as needed. This method is the approach that SC AS has used in the successful execution of thousands of projects. EMERGENCY SUPPORT This type of work would be anything that requires immediate response and attention. This work would follow the tiered technical support as laid out in the City’s bid document. Our customers typically have our engineers’ cell phone numbers for ease of immediate contact and response. Alternatively, we employ an answering service that is available DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 24/7/365 which has a response action plan in place to establish contact with our engineers. All our engineers are within 3.5 to 4.0 hours from San Luis Obispo and if necessary, can be on-site within 24 hours. SERVICES OR DATA TO BE PROVIDED BY THE CITY To effectively perform the services outlined in the RFP, SCAS needs basically 2 things: information and access. By information, we mean all existing documentation, drawings, OEM programs and documentation, PLC and HMI programs, manuals, panel drawings, network drawings, switch configurations, etc. Anything that defines or describes any part of the system would be beneficial. Effective and informative communication is also key. SCAS will always strive to maintain open and consistent communication with the c ity to stay up to date with the city’s support needs, plan and execute upcoming work, and detail work performed. Our expectations as a contractor would be that the city is responsive to communication and requests for information. This is vital for our ab ility to efficiently perform work. By access, we mean that we would need both physical and electronic access to any part of the system that we need to service and/or maintain. For example, we would need network accounts and passwords for Windows machines, HMI systems, PLC programs that might be password protected , physical access to PLC panels, HMI control rooms, MCCs, etc. DOCUMENTATION SCAS has always been a huge proponent of documentation. We have built many in -house tools to assist in the documentation of any PLC code that we write so that ladder logic routines have detailed and informative descriptions on ladder rungs and instructions. We also make it a standard to add comments on any other code like VBA so that any engineer can understand and diagnose any problems with coding. Additionally, as a standard, we create an Excel documentation spreadsheet for all PLCs that we maintain. As a minimum, the spreadsheet will have a “Field I/O” tab that lays out and documents the I/O connected to th e PLC. This may be hard wired local I/O, remote I/O, or even VFD or other devices connected over Ethernet on ControlNet networks. The other tabs would include documentation for all the address space and/or tags in the PLC. For most projects, we will als o write a Process Description or Sequence of Operation (or modify one if it exists) that documents the manual operation, automatic operation, alarm conditions, and any other information pertinent to the control of the system. SCAS views all work products and documentation created out of the services we perform as deliverables and as property of the client. At the completion of any project, we provide copies of all documentation tools as well as backups of PLC and HMI configurations before and after changes. Often, we maintain an archive somewhere on the client’s network and make sure all copies of programs and documentation are uploaded there. REQUESTED CHANGES TO TERMS AND CONDITIONS SCAS takes no issue with any of the terms of the example contract set fo rth in Exhibit A of the bid document. DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 22765 Savi Ranch Pkwy, Suite D • Yorba Linda, CA 92887 Phone: (714) 874-4728 • Fax: (657) 200-2655 PRICE FORM SCAS will charge for all services specified under this RFP as Time and Materials at the appropriate rates specified below depending on the engineer performing the work. There are no additional costs associated with overhead and administration, these are considered by SCAS as part of the cost of doing business. Hourly Labor Rate Schedule Senior Engineer ............................................................................................................................................... $192.00 Project Engineer .............................................................................................................................................. $170.00 Associate Engineer .......................................................................................................................................... $144.00 Normal Working Hours Normal working office hours are Monday – Friday from 8:00 am to 5:00 pm (Pacific). SCAS does not charge a premium for service work, either remote or on-site, that falls outside of normal working hours. Any and all work is billed at the rates specified above. Mileage Rate Mileage for travel outside a 30-mile radius of our local office will be charged at the federal business usage rate applicable at the time the work is performed. The current rate as of this proposal is 66.5 cents per mile. Billing Periods and Payment Requirements Invoices are usually created twice a month on or near the 1st and 16th of each month. Standard terms are net 30 days from date of invoice. Invoices are broken out into separate line items detailing the type of work performed and the quantity of labor resource hours expended on the particular task. Travel Time and Rate SCAS will charge travel time for travel outside a 30-mile radius of our local office. Minimum Charge Per Service Call There are no minimum service call times. Mark-Up Fees For any materials that may be provided as part of this contract, SCAS’s markup on materials is 15% (Fifteen Percent). Surcharges SCAS does not impose any surcharges for emergency call, second trips, or weekend/after hour calls. All work is billed at the rates specified above. DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C 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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -10- INSURANCE REQUIREMENTS The Contractor shall procure and maintain insurance for the duration of the contract 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 Contractor, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1.Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2.Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 3.Cyber Security and Privacy Liability (for vendors providing hardware, pre-packaged software or portal access technology or IT consultants, systems analysts, website designers, online services and content providers, cloud-based providers, computer programmers, and software consultants, system installation or software personnel.) 4.Cyber Technology Errors and Omissions Insurance (for software as a service for vendors or consultants, including colocation (shared hosting centers), cloud services, managed dedicated servers, programmers, and other IT professionals.) Minimum Insurance Requirements. Contractor shall maintain insurance amounts of no less than: 1.General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit ($2,000,000) 2.Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3.Cyber Security and Privacy Liability: Consultant/Contractor shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor (first- party) or customer’s (third party) computer, computer system, network, or similarly related property and the data, software, and programs. d. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement. e. Costs associated with restoring, updating, or replacing data. f. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals. This coverage may be bundled into one policy or purchased as two separate policies. If coverage is maintained on a claims-made basis, Consultant/Contractor shall maintain such coverage for an additional period of three (3) years following termination of the contract. 4.Cyber technology errors and omissions insurance (as applicable). Consultant shall procure and DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -11- maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: a. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information(PHI). b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from the failure of technology products (software and hardware) required under the contract for Consultant to properly perform the intended services. d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services. g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights. h. Crisis management and other expert services. If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1.The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents, or volunteers. 2.For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3.The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -12- Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -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: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -1- Information Technology The Contractor shall procure and maintain insurance for the duration of the contract 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 Contractor, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 3. Cyber Security and Privacy Liability (for vendors providing hardware, pre-packaged software or portal access technology or IT consultants, systems analysts, website designers, online services and content providers, cloud-based providers, computer programmers, and software consultants, system installation or software personnel.) 4. Cyber Technology Errors and Omissions Insurance (for software as a service for vendors or consultants, including colocation (shared hosting centers), cloud services, managed dedicated servers, programmers, and other IT professionals.) Minimum Insurance Requirements. Contractor shall maintain insurance amounts of no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit ($2,000,000) 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Cyber Security and Privacy Liability: Consultant/Contractor shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor (first-party) or customer’s (third party) computer, computer system, network, or similarly related property and the data, software, and programs. d. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement. INSURANCE REQUIREMENTS DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -2- e. Costs associated with restoring, updating, or replacing data. f. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals. This coverage may be bundled into one policy or purchased as two separate policies. If coverage is maintained on a claims-made basis, Consultant/Contractor shall maintain such coverage for an additional period of three (3) years following termination of the contract. 4. Cyber technology errors and omissions insurance (as applicable). Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: a. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information(PHI). b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from the failure of technology products (software and hardware) required under the contract for Consultant to properly perform the intended services. d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services. g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights. h. Crisis management and other expert services. If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C -3- by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents, or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C DocuSign Envelope ID: B9164DF4-14FA-42C1-87AD-2CEA29CE955C